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720 ILCS 5/19-1 – Burglary

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Posted by Christopher Combs on April 3, 2026

720 ILCS 5/19-1 – Burglary

This law says it’s a crime to go into or stay in someone else’s property without permission if you plan to steal or commit another serious crime.

This statute explains what burglary is in Illinois and the punishments for it. It lists what types of places it applies to and what felony level each situation is.

(a) A person commits burglary when they knowingly go into or stay inside a building, trailer, boat, airplane, car, train car, shipping container, or any part of them without permission, planning to steal something or do another serious crime. This rule does not include certain vehicle offenses covered under other Illinois laws.

(b) Sentence:

  • If someone commits burglary in a boat, airplane, car, train car, or shipping container, without damaging it, it is a Class 3 felony.
  • If someone breaks into a building or trailer, or if they cause damage to a boat, airplane, car, train car, or shipping container, it is a Class 2 felony.
  • If the burglary happens in a school, child care center, home daycare, group daycare, part-day child care place, or a place of worship, it is a Class 1 felony. This rule does not apply if the daycare is in a private home where people live.

(c) When someone commits burglary in a daycare or child care place, it doesn’t matter what time of day, time of year, or whether children were there when it happened–the same penalty applies.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.

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