|  |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 1961. 720 ILCS 5/19‑3 (720 ILCS 5/19‑3) (from Ch. 38, par. 19‑3) Sec. 19‑3. Residential burglary. (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. (a‑5) A person commits
residential burglary who falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit
therein a felony or theft or to facilitate the commission therein of a felony or theft by another. (b) Sentence. Residential burglary is a Class 1 felony.(Source: P.A. 96‑1113, eff. 1‑1‑11.)|
720 ILCS 5/19‑4
(720 ILCS 5/19‑4) (from Ch. 38, par. 19‑4)
Sec. 19‑4.
Criminal trespass to a residence.
(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.
(b) Sentence.
(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.)
|
(720 ILCS 5/19‑5) (from Ch. 38, par. 19‑5)
Sec. 19‑5. Criminal fortification of a residence or building. (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.)
(720 ILCS 5/Art. 20 heading)
ARTICLE 20.
ARSON
720 ILCS 5/20‑1
(720 ILCS 5/20‑1) (from Ch. 38, par. 20‑1)
Sec. 20‑1.
Arson.
A person commits arson when, by means of fire or explosive, he
knowingly:
(a) Damages any real property, or any personal property having a value
of $150 or more, of another without his consent; or
(b) With intent to defraud an insurer, damages any property or any
personal property having a value of $150 or more.
Property "of another" means a building or other property, whether real
or personal, in which a person other than the offender has an interest
which the offender has no authority to defeat or impair, even though the
offender may also have an interest in the building or property.
(c) Sentence.
Arson is a Class 2 felony.
(Source: P. A. 77‑2638.)
|
(720 ILCS 5/20‑1.1) (from Ch. 38, par. 20‑1.1)
Sec. 20‑1.1. Aggravated Arson.
(a) A person commits
aggravated arson when in the course of committing arson he or she
knowingly
damages, partially or totally, any building or
structure, including any adjacent building or
structure, including all or any part of a school building, house trailer,
watercraft, motor
vehicle, or railroad car, and (1) he knows or reasonably should know that
one or
more persons are present therein or (2) any person suffers
great bodily harm, or permanent disability or disfigurement
as a result of the fire or explosion or (3) a fireman,
policeman, or correctional officer who is present at the scene acting in the line
of duty is injured as a result of the fire or explosion.
For purposes of this Section, property "of another" means a building or
other
property,
whether real or personal, in which a person other than the offender has an
interest that
the offender has no authority to defeat or impair, even though the offender may
also have
an interest in the building or property; and "school building"
means any public or private preschool, elementary or secondary school,
community college, college, or university.
(b) Sentence. Aggravated arson is a Class X felony.
(Source: P.A. 93‑335, eff. 7‑24‑03; 94‑127, eff. 7‑7‑05; 94‑393, eff. 8‑1‑05.)
720 ILCS 5/20‑1.2
(720 ILCS 5/20‑1.2)
Sec. 20‑1.2.
Residential arson.
(a) A person commits the offense of residential arson when, in the course of
committing an arson, he or she knowingly damages, partially or totally, any
building or structure that is the dwelling place of another.
(b) Sentence. Residential arson is a Class 1 felony.
(Source: P.A. 90‑787, eff. 8‑14‑98.)
|
720 ILCS 5/20‑1.3
(720 ILCS 5/20‑1.3)
Sec. 20‑1.3.
Place of worship arson.
(a) A person commits the offense of place of worship arson when, in
the course of committing an arson, he or she knowingly damages, partially
or totally, any place of worship.
(b) Sentence. Place of worship arson is a Class 1 felony.
(Source: P.A. 93‑169, eff. 7‑10‑03.)
|
720 ILCS 5/20‑1.4
(720 ILCS 5/20‑1.4)
Sec. 20‑1.4. (Repealed).
(Source: P.A. 93‑969, eff. 1‑1‑05. Repealed by P.A. 94‑556, eff. 9‑11‑2005.)
(720 ILCS 5/20‑1.5)
Sec. 20‑1.5. (Repealed).
(Source: P.A. 93‑969, eff. 1‑1‑05. Repealed by P.A. 94‑556, eff. 9‑11‑2005.)
(720 ILCS 5/20‑2) (from Ch. 38, par. 20‑2)
Sec. 20‑2. Possession of explosives or explosive or incendiary devices.
(a) A person commits the offense of possession of explosives or
explosive or incendiary devices in violation of this Section when he or she
possesses, manufactures or transports
any explosive compound, timing or detonating device for use with any explosive
compound or incendiary device
and either intends to use such explosive or device to commit any offense or
knows that another intends to use such explosive or device to commit a
felony.
(b) Sentence.
Possession of explosives or explosive or incendiary devices in violation
of this Section is a Class 1 felony for which a person, if
sentenced to a term of imprisonment, shall be sentenced to not less than 4
years and not more than 30 years.
(c) (Blank).
(Source: P.A. 93‑594, eff. 1‑1‑04; 94‑556, eff. 9‑11‑05.)
(720 ILCS 5/Art. 20.5 heading)
ARTICLE 20.5.
CAUSING A CATASTROPHE; DEADLY SUBSTANCES
720 ILCS 5/20.5‑5
(720 ILCS 5/20.5‑5)
Sec. 20.5‑5.
(Renumbered).
(Source: Renumbered by P.A. 96‑710, eff. 1‑1‑10.)
720 ILCS 5/20.5‑6
(720 ILCS 5/20.5‑6)
Sec. 20.5‑6.
(Renumbered).
(Source: Renumbered by P.A. 96‑710, eff. 1‑1‑10.)
(720 ILCS 5/Art. 21 heading)
ARTICLE 21.
DAMAGE AND TRESPASS TO PROPERTY
720 ILCS 5/21‑1
(720 ILCS 5/21‑1) (from Ch. 38, par. 21‑1)
Sec. 21‑1. Criminal damage to property.
(1) A person commits an illegal act when he:
(a) knowingly damages any property of another;
or
(b) recklessly by means of fire or explosive damages
|
|
(c) knowingly starts a fire on the land of another;
|
|
|
(d) knowingly injures a domestic animal of another
|
|
|
(e) knowingly deposits on the land or in the building
|
|
of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; or
|
|
(f) damages any property, other than as described in
|
|
subsection (b) of Section 20‑1, with intent to defraud an insurer; or
|
|
(g) knowingly shoots a firearm at any portion of a
|
|
|
When the charge of criminal damage to property exceeding a specified
value is brought, the extent of the damage is an element of the offense to
be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
It is an affirmative defense to a violation of item (a), (c), or (e) of this Section that the owner of the property or land damaged consented to such damage.
(2) The acts described in items (a), (b), (c), (e), and (f)
are Class
A misdemeanors if the damage to property does not exceed $300.
The acts
described in items (a), (b), (c), (e), and (f) are Class 4
felonies if the damage to
property does not exceed $300 if the damage occurs to property of a school
or
place of worship or to farm equipment or immovable items of agricultural
production, including
but not
limited to grain elevators, grain bins, and barns. The act described in item (d) is a Class 4
felony if the
damage to property does not exceed $10,000. The act
described in item (g) is a Class 4 felony. The acts described in items (a),
(b), (c), (e), and (f) are Class 4 felonies if the damage to property
exceeds $300 but does not exceed $10,000. The acts described in items (a)
through (f) are Class 3 felonies if the damage to property exceeds $300 but
does not exceed $10,000 if the damage occurs to property of a school
or place
of worship or to farm equipment or immovable items of agricultural
production,
including
but not
limited to grain elevators, grain bins, and barns. The acts described in items (a)
through (f) are Class 3 felonies if the damage to property
exceeds $10,000 but does not exceed $100,000. The acts described in items
(a) through (f) are Class 2 felonies if the damage to property exceeds $10,000
but does not exceed $100,000 if the damage occurs to property of a school
or
place of worship or to farm equipment or immovable items
of agricultural production, including
but not
limited to grain elevators, grain bins, and barns.
The acts described in items
(a) through (f) are Class 2 felonies if the damage to property exceeds
$100,000. The acts described in items (a) through (f) are Class 1 felonies
if the damage to property exceeds $100,000 and the damage occurs to property of
a school or place of worship or to farm equipment or immovable items
of agricultural production, including
but not
limited to grain elevators, grain bins, and barns.
If the damage to property exceeds $10,000,
the
court shall impose
upon the offender a fine equal to the value of the damages to the property.
For the purposes of this subsection (2), "farm equipment" means machinery
or
other equipment used in farming.
(3) In addition to any other sentence that may be imposed, a court shall
order any person convicted of criminal damage to property to perform community
service for not less than 30 and not more than 120 hours, if community service
is available in the jurisdiction
and is funded and approved by the county board of the county where the
offense was committed.
In addition, whenever any person is placed
on supervision for an alleged offense under this Section, the supervision shall
be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of
incarceration.
(4) In addition to any criminal penalties imposed for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed.
(Source: P.A. 95‑553, eff. 6‑1‑08; 96‑529, eff. 8‑14‑09.)
|
|
|
|
|