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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 5/19-3 (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.
(a-5) 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.
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(2) Criminal trespass to a residence under paragraph
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(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
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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 criminal fortification of a residence or
building when, with the intent to prevent the lawful entry of a law
enforcement officer or another, he or she maintains a residence or building in a
fortified condition, knowing that the residence or building is used for the unlawful
manufacture, storage with intent to deliver or manufacture, 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, video surveillance, motion sensing devices, booby traps, or
other similar means. If video surveillance is the sole component of the fortified condition, the video surveillance must be with the intent to alert an occupant to the presence of a law enforcement officer for the purpose of interfering with the official duties of a law enforcement officer, allowing removal or destruction of evidence, or facilitating the infliction of harm to a law enforcement officer. For the purposes of this Section, "booby trap" means any device, including but not limited to any explosive device, designed to cause physical injury or the destruction of evidence, when triggered by an act of a person approaching, entering, or moving through a structure.
(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. 98-897, eff. 1-1-15 .)
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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
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| (2) Intentionally causes any injury, except as
| | provided in subsection (a)(5), to any person or persons within the dwelling place, or
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| (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
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| (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
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| (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
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| (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.
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| (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.)
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720 ILCS 5/Art. 20
(720 ILCS 5/Art. 20 heading)
ARTICLE 20.
ARSON
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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
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(2) With intent to defraud an insurer, damages any
| | property or any personal property having a value of $150 or more.
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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.)
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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.)
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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.)
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