(720 ILCS 5/Art. 19 heading) ARTICLE 19.
BURGLARY
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(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or she knowingly enters
or without authority remains within a building, housetrailer, watercraft,
aircraft, motor vehicle, railroad
car, freight container, 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 committed in, and without causing damage to, a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 3 felony. Burglary committed in a building, housetrailer, or any part thereof or while causing damage to a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof 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. 102-546, eff. 1-1-22 .)
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(720 ILCS 5/19-2) (from Ch. 38, par. 19-2)
Sec. 19-2. Possession of burglary tools.
(a) A person commits
possession of burglary tools when he
or she possesses any key, tool, instrument, device, or any explosive, suitable for
use in breaking into a building, housetrailer, watercraft, aircraft, motor
vehicle, railroad car, or any
depository designed for the safekeeping of property, or any part thereof,
with intent to enter that 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. (a-5) A person also commits possession of burglary tools when he or she, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use | ||
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(2) capture or duplicate a signal from the key fob | ||
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(b) Sentence. Possession of burglary tools is a Class 4
felony.
(Source: P.A. 102-903, eff. 1-1-23 .)
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