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Illinois Criminal Code of 1961

Article 19: Burglary Offenses in Illinois

Despite advances in alarm technology, American building-owners must still worry about the possibility of their home being burgled. According to this section of Illinois law, a person commits burglary when he or she enters a building without authority intending to commit a felony or theft. Burglary is a Class 2 felony. However, in more serious situations, such as burglary of a child day care or place of worship, a defendant may be charged with a Class 1 felony.

Even if one does not actually commit a burglary, he or she can be charged with a burglary-related crime. This section of Illinois law also discusses two crimes of this nature: possession of burglary tools and unlawful sale of burglary tools. Under the former, a person can be prosecuted if they possess any instruments used to break into a building and has intent to unlawfully do so. The latter prohibits anyone from selling any tool designed for aiding in the commission of a burglary, such as a lock pick. Both of these crimes are Class 4 felonies.

Need an Illinois criminal defense attorney? If you've been arrested for burglary in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 19 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Illinois Criminal Code of 1961 - Article 19

Sec. 19-1. Burglary.
    (720 ILCS 5/19-1)

(a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 of the Illinois Vehicle Code.

(b) Sentence.

Burglary is a Class 2 felony. A burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship is a Class 1 felony, except that this provision does not apply to a day care center, day care home, group day care home, or part day child care facility operated in a private residence used as a dwelling.

(c) Regarding penalties prescribed in subsection (b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 96-556, eff. 1-1-10.)

Sec. 19-2. Possession of burglary tools.
    (720 ILCS 5/19-2)

(a) A person commits the offense of possession of burglary tools when he possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle as defined in The Illinois Vehicle Code, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter any such place and with intent to commit therein a felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey. (b) Sentence.

Possession of burglary tools in violation of this Section is a Class 4 felony. (Source: P.A. 95-883, eff. 1-1-09.)

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DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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