{"id":373047,"date":"2016-03-31T21:35:09","date_gmt":"2016-04-01T02:35:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-burglary-laws.html"},"modified":"2016-06-20T14:00:00","modified_gmt":"2016-06-20T19:00:00","slug":"illinois-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-burglary-laws.html","title":{"rendered":"Illinois Burglary Laws"},"content":{"rendered":"\n
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Illinois Burglary Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Overview of Illinois Burglary Laws<\/b><\/h3>\r\n

Burglary is one of various types of property crime in Illinois. In general, someone can commit burglary<\/a> by entering another person’s property with plans to commit another crime once on the property or inside the premises. Simply breaking into a property is not enough to support a burglary charge. When someone enters property without an intent to commit a crime, the state might pursue a trespass<\/a> charge instead of a burglary charge.<\/p>\r\n

See FindLaw’s Property Crimes<\/a> section to learn about related crimes.
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To prove a burglary, a state prosecutor must show that the defendant entered a property without permission or stayed on the premises after permission to enter the property had expired. In addition, the prosecutor must prove that the defendant entered the property knowingly — with awareness and purpose — and with an intent to commit a theft or a felony.<\/p>\r\n

The types of property eligible for burglary include buildings, aircrafts, boats, motor vehicles, and others. Although most types of property qualify the burglary as a Class 2 felony, schools and places of worship increase the offense to a Class 1 felony, a more serious offense with increased penalties. Burglaries of dwellings, which include homes and residences, also become Class 1 felonies under Illinois burglary laws.<\/p>\r\n

Criminal offenses related to burglary, including the unlawful possession of burglary tools, are crimes that qualify as less serious classes of felonies. If the state prosecutor can prove criminal trespass, but cannot establish an intent to commit a felony or theft, the state may pursue the lesser charge of criminal trespass as a Class A misdemeanor or Class 4 felony.<\/p>\r\n

Defenses to Burglary Charges<\/b><\/h3>\r\n