Breaking And Entering: Illinois Laws Explained

Breaking and entering is considered a burglary charge in Illinois, even if nothing was stolen. The crime is defined by the intent to commit another crime, which can be inferred from the accused's conduct, such as possession of burglary tools, suspicious behaviour, or security footage. Burglary is categorised as a felony in Illinois, with penalties ranging from a fine of $25,000 and up to 15 years in prison, depending on the type of building and the circumstances involved.

Burglary vs. theft and robbery

In Illinois, breaking and entering is classified as a burglary, regardless of whether anything was stolen. The crime only requires the intent to commit another crime and can be punished as a felony.

Now, here's a breakdown of burglary, theft, and robbery:

Burglary, theft, and robbery are often confused, and while they share some similarities, they are distinct crimes. All three crimes are commonly associated with the unlawful taking of someone else's property, but this is only true in the case of theft and robbery. Burglary is committed when a person, as a trespasser, enters a building intending to steal, inflict grievous bodily harm, or do unlawful damage.

Theft, simply put, involves taking someone's property without their consent, with the intention of permanently depriving them of it. Shoplifting and stealing a bike are examples of theft.

Robbery, on the other hand, involves taking property from a person using force or the threat of force. This could include mugging or carjacking.

Burglary and theft sometimes go hand in hand, but not always. A person can commit burglary with the intent to commit a crime other than theft, such as sexual assault, battery, or robbery. Additionally, theft can occur without burglary, such as when an invited guest steals something from a home.

Penalties

Theft generally carries the lowest penalties as it is a crime against property. Robbery, on the other hand, is often considered a violent crime and carries stiff felony penalties. Burglary falls somewhere in between as it can be a crime against a person, property, or both.

The penalties for theft depend on the value or type of property stolen. For example, stealing a vehicle will likely be considered a felony, while stealing a pair of sunglasses may result in a misdemeanour charge.

Robbery convictions usually carry felony penalties, including prison sentences ranging from 10 to 30 years or more, especially if a deadly weapon or firearm is involved.

Burglary is also classified as a felony, with penalties increasing in severity based on the potential for harm. For instance, burglarizing an unoccupied non-residential structure may result in up to a 10-year prison sentence, while entering an occupied residence (home invasion) can lead to 20 to 30 years of incarceration or more if the burglar is armed.

Burglary tools

In Illinois, a person's home and property are protected by the law from unwanted intrusion. The state of Illinois classifies breaking and entering as a burglary charge, regardless of whether items were stolen.

• Crowbars
• Screwdrivers
• Hammers
• Slim jims
• Ceramic spark plugs
• Torches
• Lock picking kits
• Drills
• Wire cutters
• Spray paint
• Broken spark plugs

In Illinois, it is considered a burglary crime to possess tools that can be used to gain unlawful entry into another person's home. Possession of burglary tools is punishable by a $25,000 fine and a jail sentence of up to three years.

Criminal trespass

For the trespass to be considered unlawful, the accused must meet one of the following criteria:

• Knowingly entered the property without permission from the owner
• Remained on the property after understanding they were no longer welcome
• Ignored the property owner's request to stay off the property, such as ignoring a posted sign, locked building, or fence securing the property

Home invasion

• 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.

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.

The affirmative defence to a charge of home invasion is that the accused can prove they immediately left the dwelling or surrendered upon realising another person was present in the home. However, they could still be charged with residential burglary or another offence.

Residential burglary

In Illinois, residential burglary is defined as committing burglary upon another person's dwelling or residence. The established intent of the defendant is crucial to proving this crime.

A conviction for residential burglary can result in a prison sentence of up to 15 years and a fine of up to $25,000. The specific sentence depends on the circumstances of the crime. For example, if the dwelling is occupied, it is considered a Class 4 felony, punishable by up to three years in prison. If the dwelling is not occupied, it is considered a Class A misdemeanour, punishable by up to one year in prison or two years of probation.

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