2005 Illinois 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 or place of worship is a Class 1 felony.
(Source: P.A. 91‑360, eff. 7‑29‑99; 91‑928, eff. 6‑1‑01.)

    (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.
    (b) Sentence.
    Possession of burglary tools in violation of this Section is a Class 4 felony.
(Source: P. A. 78‑255.)

    (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.
    (b) Sentence. Residential burglary is a Class 1 felony.
(Source: P.A. 91‑928, eff. 6‑1‑01.)

    (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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