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Illinois Breaking and Entering Law

Lawmakers in Illinois have declared burglary as a criminal offense, which denotes entering someone else’s building with the intention of committing a crime. Other relevant laws that are criminalized include home invasion (refers to an entry into an inhabited structure and threatening or using force while armed or causing injury), and trespass (It refers to entering into the property of a person without permission). Also, some of these offenses have stringent punishments.

Illinois breaking and entering law

According to Illinois law, charges of breaking and entering are based on the breaking and entering laws of Illinois. These charges require the prosecution to establish beyond the reasonable doubt the defendant’s entry into a building, car, plane, boat, trailer, car, etc. or his/her staying back there without the required authority. There should be an intention of committing a theft or a felony.

Additionally, the breaking and entering law of the state considers it a crime when a person is equipped with burglary tools and has the intention of committing a burglary even though he/she has not entered into a car, plane, boat, trailer, or building.

However, it could be tough for the prosecution to prove the intent. It makes sense to consult one of the experienced criminal defense lawyers who is experienced in these cases to help out the clients.

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Related laws


Typically, burglary has been described as breaking and entering into someone else’s home at nighttime with the intention of committing a felony. As on date, a majority of the American states have removed these requirements. So, a person today can commit burglary when he/she enters into a building without authority and having the intention to commit a criminal offense inside.

A person in Illinois commits the criminal offense of burglary when he/she remains or enters into a vehicle or a building without authority and with the intention of committing a felony or a theft. In Illinois, burglary is penalized more stringently in case the building in question is a:

  1. Place of worship
  2. Daycare canter
  3. School


In Illinois, a person is said to have committed trespass when he/she enters into a property without acquiring permission from its owner. A residential trespass in Illinois refers to remaining or entering into the residence of another person without authority. The punishment for a residential trespass is more severe when the residence has occupants while the offense is committed.

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The intention of committing a criminal offense

To convict a person with charges of a burglary, it is the responsibility of the prosecution to establish that the accused has entered into the dwelling with the intention of committing a criminal offense. In a majority of cases, the illicit intention of the accused can be concluded from the scenarios. There, the prosecution is not needed to prove the exact intention of the defendant. In Illinois, the offense of burglary takes place the moment the accused enters into a vehicle or a building with an unlawful intent even though that intended theft or felony does not occur at all.

Punishment for breaking and entering in Illinois

According to the Illinois laws, an act of burglary is regarded as a Class 2 felony. The accused if convicted is penalized by a jail term between 3 to 7 years. On the other hand, Class 2 felonies with an extended-term can have a penalty of a jail term between 7 and 14 years. Plus, the state classifies residential burglaries as a Class 1 felony. The convicted is punished with a jail term between 4 and 15 years and there is a possibility of an extended-term between 15 and 30 years. Apart from the stipulated jail term, Class 1 felony and Class 2 felony can be penalized with a maximum penalty of 25,000 USD.

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Search for anyone in the United States! 100% Confidential! Updated on August 13, 2022
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