Article 19: Residential Burglary Offenses
The last burglary-related laws discussed in the criminal code refer specifically to residential break-ins. If a person enters the dwelling place of another with the intent to commit theft, he or she can be prosecuted for the crime of residential burglary. This charge may also be brought if a person falsely impersonates a government, telecommunications, or utilities employment in order to gain entry into someones home and commit a crime. If convicted, a defendant will carry a Class 1 felony on his record.
Criminal trespass is also listed in this portion of the Illinois criminal code. This crime occurs when a person unlawfully enters someone elses property, even if they do not intend to steal anything. A conviction can carry up to a Class 4 felony status. Similarly, if a person does this while falsely representing himself to be a government, telecommunications, or utilities officer, he can be criminally prosecuted for the crime of home invasion. Depending on whether force was used, a violation of this clause of Illinois law can qualify as up to a Class X felony.
Need an Illinois criminal defense attorney? If you've been arrested for residential 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. 19-3. Residential burglary.
(720 ILCS 5/19-3)
(a) A person commits residential burglary who knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. This offense includes the offense of burglary as defined in Section 19-1.
(b) Sentence. Residential burglary is a Class 1 felony. (Source: P.A. 91-928, eff. 6-1-01.)
Sec. 19-4. Criminal trespass to a residence.
(720 ILCS 5/19-4)
(a) (1) A person commits the offense of criminal trespass to a residence when, without authority, he knowingly enters or remains within any residence, including a house trailer.
(2) A person commits the offense of criminal trespass to a residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason to know that one or more persons is present.
(3) For purposes of this Section, in the case of a multi-unit residential building or complex, "residence" shall only include the portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational areas or lobbies.
(1) Criminal trespass to a residence under paragraph
(1) of subsection (a) is a Class A misdemeanor.
(2) Criminal trespass to a residence under paragraph
(2) of subsection (a) is a Class 4 felony. (Source: P.A. 91-895, eff. 7-6-00.)
Sec. 19-5. Criminal fortification of a residence or building.
(720 ILCS 5/19-5)
(a) A person commits the offense of criminal fortification of a residence or building when, with the intent to prevent the lawful entry of a law enforcement officer or another, he maintains a residence or building in a fortified condition, knowing that such residence or building is used for the manufacture, storage, delivery, or trafficking of cannabis, controlled substances, or methamphetamine as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(b) "Fortified condition" means preventing or impeding entry through the use of steel doors, wooden planking, crossbars, alarm systems, dogs, or other similar means.
(c) Sentence. Criminal fortification of a residence or building is a Class 3 felony.
(d) This Section does not apply to the fortification of a residence or building used in the manufacture of methamphetamine as described in Sections 10 and 15 of the Methamphetamine Control and Community Protection Act. (Source: P.A. 94-556, eff. 9-11-05.)
Return to Illinois Criminal Code of 1961 Table of Contents
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.