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What Is Burglary in Southern Illinois?
Burglary is one of the original common law felonies, along with murder, rape, and several other serious crimes. This offense is built on the idea of the sanctity of the home. As originally conceived, burglary occurred when a person broke into and entered the dwelling house of another at night to commit a felony.
Modern burglary statutes retain some of these elements, but not all. Burglary can occur during the day, and it can include buildings other than dwellings. Therefore, while the understanding of burglary as breaking and entering still holds, it also applies to other violations.
Burglary and Related Statutes in Illinois
Illinois has several statutes covering burglary and similar offenses. If authorities believe you’ve unlawfully entered or remained in a building, they can pursue the following charges:
Burglary
Burglary happens when a person enters or remains within any of the following locations without the authority to do so:
- Buildings
- Mobile homes
- Watercraft, including houseboats and other vessels
- Aircraft
- Motor vehicles, including RVs
- Train cars
- Freight containers
The law also extends to any part of these locations. Consequently, entering or remaining in the doorway is just as much burglary as entering or remaining in the center of the building.
To qualify as burglary, the accused must have the intent to commit a felony or theft. As such, burglary isn’t limited to property crimes. It can also include violent crimes, like a burglary to commit domestic battery against an ex-spouse.
Although burglary doesn’t require “breaking” anymore, the concept helps explain what “entering” means.
“Breaking” didn’t originally mean that any locks or latches were damaged. Instead, it referred to penetrating the outside of the home to the inside. This may involve opening an unlocked door, lifting an unlatched pet door, or crawling through an open window.
“Entering” now includes the idea of crossing the imaginary plane separating inside from outside without the redundant term “breaking.” As used in the statute, entering without authority occurs when the accused crosses that plane, even if locks or latches didn’t impede the way.
“Remaining” refers to situations where the accused crosses the threshold of a property with permission but remains without permission. For instance, a customer might lawfully enter a store, then hide in the bathroom until closing time.
Residential Burglary
Once the requirement of a dwelling was removed from the definition of burglary, Illinois created a new offense called residential burglary. This crime applies to burglary involving a dwelling by entering or remaining without authorization. It also covers gaining entry into a dwelling by falsely claiming to be any of the following professionals:
- Government worker
- Construction worker
- Telecommunications worker
- Utility worker
A “dwelling” is any enclosed space used or intended for human habitation, including:
- Houses
- Buildings or portions of buildings
- Tents
- Vehicles
Again, prosecutors must prove that the accused entered to commit a felony or facilitate the commission of a felony by someone else. For example, someone might enter a home to steal from it. They might also pose as an electric company worker to case the home and identify the locations of cameras and motion sensors.
Home Invasion
Home invasion is the most serious burglary offense. It occurs when someone commits residential burglary when they know or have reason to believe that someone is home, along with one of the following aggravating circumstances:
- Being armed with a dangerous weapon and using force or threats against someone in the dwelling
- Intentionally injuring someone in the dwelling
- Being armed with a firearm and using force or threats against someone in the dwelling
- Using force or threats against someone in the dwelling and discharging a firearm
- Discharging a firearm and causing death, permanent disability, permanent disfigurement, or great bodily harm to someone in the dwelling
- Committing a sex crime against someone in the dwelling
The commission of the following sex crimes during a residential burglary can prompt a home invasion charge:
- Aggravated criminal sexual abuse
- Aggravated criminal sexual assault
- Criminal sexual abuse
- Criminal sexual assault
- Predatory criminal sexual assault of a child
Although the elements of home invasion may seem redundant, they serve a purpose. More serious circumstances come with greater mandatory sentencing enhancements.
Criminal Trespass to a Residence
Criminal trespass to a residence happens when someone enters or remains in a dwelling without authorization, but they either lacked felonious intent or the prosecution can’t prove that they had it.
For example, suppose that protesters enter a home. Instead of threatening the residents, they speak their minds about a grievance. Although their words are protected speech, their presence would constitute criminal trespass.
Possible Defenses to Burglary Charges in Southern Illinois
A skilled defense lawyer has many criminal defense strategies available in burglary cases, including the following:
Alibi
Burglaries often happen when no one is home. Moreover, burglars frequently conceal their identities. As a result, suspects not at the crime scene may be misidentified. We can offer a solid alibi for you, such as testimony from witnesses who were with you when the offense occurred.
Consent
Consent negates an element of burglary. Specifically, prosecutors must prove that the accused entered or remained without authority. Consent establishes the suspect’s right to be present.
For example, imagine that you face charges for burglary at an apartment. If you have receipts showing that you were renting the apartment overnight, the owner’s or manager’s consent might overcome the charges.
Lack of Intent
Prosecutors must prove two states of mind to get a burglary conviction. First, they must show that you knowingly entered or remained without authorization. If you believed you had permission to be there, you lacked the requisite intent. This defense applies even if your belief was mistaken, as long as it was a reasonable mistake.
Second, the prosecution must prove your intent to commit a felony or theft. This often comes from circumstantial evidence, such as what you did inside or what you had on you when arrested.
If you had items from the residence on your person, prosecutors may infer that you entered with the intent to steal. Without such evidence, the prosecution might not have enough to prove intent.
