Burglary and Home Invasions in Illinois

Traditionally, burglary was defined as breaking and entering a home at night with the intent to commit a felony inside. Today, most states—including Illinois—have done away with these requirements, and a person commits burglary by entering any building or dwelling without permission and with the intent to commit a crime inside.

This article discusses burglary and related crimes in Illinois.

Understanding Burglary Crimes in Illinois

Illinois divides burglary crimes into three offenses depending on the circumstances of the offense—home invasions, residential burglaries, and non-residential burglaries. Penalties vary based on the risk of harm involved, but all of these burglary crimes share certain common elements.

Generally speaking, burglary offenses involve a person who knowingly:

• enters or remains in a building or vehicle without authority, and
• with intent to commit theft or a felony (a crime punishable by a state prison term).

Below are definitions of these common elements.

Entering or Remaining Without Authority

An "entry" occurs when any part of an intruder's body enters the building—this could be the intruder's hand or foot pushing open an unlocked door or window. Entry also includes intrusion into the building by an instrument used to commit the offense, such as an intruder poking a gun through a door or breaking a window by hitting it with a bat.

An intruder's entry does not require an actual "breaking" or force to constitute burglary. An unauthorized entry through an open door or unlocked window is still burglary. It's also unlawful to remain in the building without authority. So if a person came into a store during business hours to shop but then hid in the store after closing time to steal items, this would also be burglary.

Buildings and Vehicles

Like many states, Illinois' burglary laws protect more than just houses. The statute lists buildings, housetrailers, watercraft, aircraft, motor vehicles, railroad cars, and freight containers. Buildings can include houses, office buildings, sheds, car washes, tents, stores, schools, and any enclosure that provides some sort of shelter.

Intent to Commit a Crime

In order to convict people of burglary, the prosecution must prove beyond a reasonable doubt that the intruder entered with the intent to commit a crime inside. This intent must exist before or at the time of intruder's unauthorized entry or decision to remain unlawfully.

In most cases, the defendant's illegal intention can be inferred from the circumstances. The prosecutor doesn't need to establish exactly what was going through the defendant's head. For example, if two people break down the door of a home and take a television and a laptop, the jury could infer that the people entered the home to commit a crime. Even if police stopped the people before they escaped with the stolen goods, they could still be convicted of burglary (and attempted theft). The crime of burglary occurs as soon as the defendant enters into the building or vehicle with the illicit intent, even if the intended felony or theft never occurs.

What Are the Penalties for Burglary in Illinois

A person commits the crime of burglary by entering or remaining in a building or vehicle (including a housetrailer, motor vehicle, aircraft, boat, or railroad car) without authority and with the intent to commit theft or a felony.

A person who burglarizes a building or vehicle without causing damage commits a Class 3 felony punishable by two to five years' prison time and a fine up to $25,000. If the burglary results in property damage, the crime is a Class 2 felony and carries a prison sentence ranging from three to seven years and a fine up to $25,000. It's a Class 1 Felony to burglarize a school, childcare facility, group daycare home, or place of worship. A person convicted of a Class 1 felony faces 4 to 15 years in prison and a fine of up to $25,000.

(720 Ill. Comp. Stat. 5/19-1 (2025).)

What Are the Penalties for Residential Burglary in Illinois?

A person commits residential burglary when they knowingly and without authority enter or remain in another's dwelling with intent to commit a felony or theft. A dwelling means any building or enclosed space used or intended for use as a home or residence, including a house, apartment, mobile home, trailer, RV, tent, or other living quarters. It doesn't matter if the structure is currently inhabited or not, only that it be habitable.

A person who breaks into an empty home intending to steal a television commits residential burglary. The offense can also be committed by someone pretending to be an employee of the government, a construction company, or a utility company in order to gain access into the home. A person convicted of residential burglary commits a Class 1 felony, punishable by 4 to 15 years in prison.

(720 Ill. Comp. Stat. 5/2-6, 5/19-3 (2025).)

What Are the Penalties for a Home Invasion in Illinois?

Home invasions are the most serious of the burglary-related offenses. Residential burglaries become home invasions when the intruder knows or has reason to know someone is present in the dwelling and the intruder:

• is armed with a firearm or other weapon and uses or threatens to use force
• intentionally injures someone
• uses or threatens to use force and discharges a firearm
• discharges a firearm that causes great bodily harm, permanent disability or disfigurement, or death to another person, or
• commits sexual assault or sexual abuse against any person within the dwelling.

For home invasion, an intruder includes a person who maintains a residence at the home but is barred from entry by a divorce decree, protection order, or other court order.

Affirmative defense. Would-be home invaders can raise a defense to home invasion charges if they can prove they immediately left the dwelling or surrendered upon realizing another person was present in the home. (They could still be charged with residential burglary or another offense.)

Penalties. A person who commits a home invasion faces Class X felony charges, punishable by 6 to 30 years' imprisonment. If the intruder was armed with a firearm, the court can add additional prison time (15 to 25 years or life) to the person's sentence.

(720 Ill. Comp. Stat. 5/19-6 (2025).)

Is It a Crime to Possess Burglary Tools in Illinois?

Like many states, Illinois makes it a crime to possess or sell any key, explosive, tool, or instrument that can be used to break into a building, vehicle, safe, or vault, with the intent to use it to commit a felony or theft. Possessing devices that can unlock or start vehicles without the key (when the person's intent is to commit a theft or felony) also falls under this crime.

These acts are Class 4 felonies and carry a prison term of one to three years.

(720 Ill. Comp. Stat. §§ 5/19-2, 5/19-2.5 (2020).)

What Is a Criminal Trespass in Illinois?

A person commits criminal trespass by:

• entering or remaining in a building without permission
• entering onto the property of another after being told entry is prohibited
• remaining on a property after being told to leave, or
• presenting false identification or documents to enter or remain on the property.

Criminal trespass differs from burglary in that the person doesn't intend to commit another crime once in or on the property. Trespass laws also apply more broadly to any property and land (and not just buildings).

Real property. A person who commits a criminal trespass faces Class B misdemeanor charges and up to six months in jail. If a person trespasses onto agricultural property (used for crops or livestock) using a motor-powered vehicle, the crime is a Class A misdemeanor, which can result in up to one year's jail time and a fine of $2,500.

Residence. Criminal trespass of a residence also constitutes a Class A misdemeanor. The crime becomes a Class 4 felony if the person knows or has reason to know a person is present in the home. A Class 4 felony carries a sentence of one to three years' incarceration.

(720 Ill. Comp. Stat. 5/19-4, 5/21-3 (2025).)

Obtaining Legal Assistance

If you are charged with burglary or a related crime, speak with a criminal defense attorney. An attorney can explain the law to you and help you navigate the criminal justice system.