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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 2012.

720 ILCS 5/Art. 18

 
    (720 ILCS 5/Art. 18 heading)
ARTICLE 18. ROBBERY

720 ILCS 5/18-1

    (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
    Sec. 18-1. Robbery; aggravated robbery.
    (a) Robbery. A person commits robbery when he or she knowingly takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or presence of another by the use of force or by threatening the imminent use of force.
    (b) Aggravated robbery.
        (1) A person commits aggravated robbery when he or
    
she violates subsection (a) while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense shall be applicable even though it is later determined that he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her possession when he or she committed the robbery.
        (2) A person commits aggravated robbery when he or
    
she knowingly takes property from the person or presence of another by delivering (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.
    (c) Sentence.
    Robbery is a Class 2 felony, unless the victim is 60 years of age or over or is a physically handicapped person, or the robbery is committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, in which case robbery is a Class 1 felony. Aggravated robbery is a Class 1 felony.
    (d) Regarding penalties prescribed in subsection (c) 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; 97-1108, eff. 1-1-13.)

720 ILCS 5/18-2

    (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
    Sec. 18-2. Armed robbery.
    (a) A person commits armed robbery when he or she violates Section 18-1; and
        (1) he or she carries on or about his or her person
    
or is otherwise armed with a dangerous weapon other than a firearm; or
        (2) he or she carries on or about his or her person
    
or is otherwise armed with a firearm; or
        (3) he or she, during the commission of the offense,
    
personally discharges a firearm; or
        (4) he or she, during the commission of the offense,
    
personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) Sentence.
    Armed robbery in violation of subsection (a)(1) is a Class X felony. A violation of subsection (a)(2) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(3) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 91-404, eff. 1-1-00.)

720 ILCS 5/18-3

    (720 ILCS 5/18-3)
    Sec. 18-3. Vehicular hijacking.
    (a) A person commits vehicular hijacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.
    (b) Sentence. Vehicular hijacking is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/18-4

    (720 ILCS 5/18-4)
    Sec. 18-4. Aggravated vehicular hijacking.
    (a) A person commits aggravated vehicular hijacking when he or she violates Section 18-3; and
        (1) the person from whose immediate presence the
    
motor vehicle is taken is a physically handicapped person or a person 60 years of age or over; or
        (2) a person under 16 years of age is a passenger in
    
the motor vehicle at the time of the offense; or
        (3) he or she carries on or about his or her person,
    
or is otherwise armed with a dangerous weapon, other than a firearm; or
        (4) he or she carries on or about his or her person
    
or is otherwise armed with a firearm; or
        (5) he or she, during the commission of the offense,
    
personally discharges a firearm; or
        (6) he or she, during the commission of the offense,
    
personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) Sentence. Aggravated vehicular hijacking in violation of subsections (a)(1) or (a)(2) is a Class X felony. A violation of subsection (a)(3) is a Class X felony for which a term of imprisonment of not less than 7 years shall be imposed. A violation of subsection (a)(4) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(5) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(6) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/18-5

    (720 ILCS 5/18-5)
    Sec. 18-5. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/18-6

    (720 ILCS 5/18-6) (was 720 ILCS 5/12-11.1)
    Sec. 18-6. Vehicular invasion.
    (a) A person commits vehicular invasion when he or she knowingly, by force and without lawful justification, enters or reaches into the interior of a motor vehicle while the motor vehicle is occupied by another person or persons, with the intent to commit therein a theft or felony.
    (b) Sentence. Vehicular invasion is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 19

 
    (720 ILCS 5/Art. 19 heading)
ARTICLE 19. BURGLARY

720 ILCS 5/19-1

    (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, 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; 97-1108, eff. 1-1-13.)

720 ILCS 5/19-2

    (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.
    (b) Sentence.
    Possession of burglary tools is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/19-2.5

    (720 ILCS 5/19-2.5)
    Sec. 19-2.5. Unlawful sale of burglary tools.
    (a) For the purposes of this Section:
        "Lock bumping" means a lock picking technique for
    
opening a pin tumbler lock using a specially-crafted bumpkey.
        "Motor vehicle" has the meaning ascribed to it in the
    
Illinois Vehicle Code.
    (b) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered 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 of that property.
    (c) This Section does not apply to the sale or transfer of any item described in subsection (b) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card.
    (d) Sentence. Unlawful sale of burglary tools is a Class 4 felony.
(Source: P.A. 96-1307, eff. 1-1-11.)

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 when he or she 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 when he or she 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; 97-1108, eff. 1-1-13.)

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 criminal trespass to a residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.
    (2) A person commits 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. 97-1108, eff. 1-1-13.)

720 ILCS 5/19-5

    (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 5/19-6

    (720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
    Sec. 19-6. Home Invasion.
    (a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or 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 when he or she knows or has reason to know that one or more persons are present and
        (1) While armed with a dangerous weapon, other than a
    
firearm, uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
        (2) Intentionally causes any injury, except as
    
provided in subsection (a)(5), to any person or persons within the dwelling place, or
        (3) While armed with a firearm uses force or
    
threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
        (4) Uses force or threatens the imminent use of force
    
upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or
        (5) Personally discharges a firearm that proximately
    
causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or
        (6) Commits, against any person or persons within
    
that dwelling place, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves the premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein.
    (c) Sentence. Home invasion in violation of subsection (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of subsection (a)(3) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(5) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
    (d) For purposes of this Section, "dwelling place of another" includes a dwelling place where the defendant maintains a tenancy interest but from which the defendant has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order.
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)

720 ILCS 5/Art. 20

 
    (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; residential arson; place of worship arson.
    (a) A person commits arson when, by means of fire or explosive, he or she knowingly:
        (1) Damages any real property, or any personal
    
property having a value of $150 or more, of another without his or her consent; or
        (2) 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.
    (b) A person commits residential arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any building or structure that is the dwelling place of another.
    (b-5) A person commits place of worship arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any place of worship.
    (c) Sentence.
    Arson is a Class 2 felony. Residential arson or place of worship arson is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/20-1.1

    (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. (Repealed).
(Source: P.A. 90-787, eff. 8-14-98. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/20-1.3

    (720 ILCS 5/20-1.3)
    Sec. 20-1.3. (Repealed).
(Source: P.A. 93-169, eff. 7-10-03. Repealed by P.A. 97-1108, eff. 1-1-13.)

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

    (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

    (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 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 the explosive or device to commit any offense or knows that another intends to use the explosive or device to commit a felony.
    (b) Sentence.
    Possession of explosives or explosive or incendiary devices 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. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 20.5

 
    (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

 
    (720 ILCS 5/Art. 21 heading)
ARTICLE 21. DAMAGE AND TRESPASS TO PROPERTY