2010 Illinois Code
CHAPTER 720 CRIMINAL OFFENSES
720 ILCS 5/ Criminal Code of 1961.
Article 19 - Burglary


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

    (720 ILCS 5/19‑1)(from Ch. 38, par. 19‑1)
    Sec. 19‑1. Burglary.
    (a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, 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.)

    (720 ILCS 5/19‑2)(from Ch. 38, par. 19‑2)
    Sec. 19‑2. Possession of burglary tools.
    (a) A person commits the offense of possession of burglary tools when he possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle as defined in The Illinois Vehicle Code, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter any such 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 in violation of this Section is a Class 4 felony.
(Source: P.A. 95‑883, eff. 1‑1‑09.)

    (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)(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) (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.)

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