Illinois Compiled Statutes
720 ILCS 5/19-1 (2026)
Burglary
✓ current as of May 2026
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(720 ILCS 5/19-1)
(from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or she knowingly enters
or without authority remains within a building, housetrailer, watercraft,
aircraft, motor vehicle, railroad
car, freight container, or any part thereof, with intent to commit therein a felony or theft.
This offense shall not include the offenses set out in Section 4-102 of the
Illinois Vehicle Code.
(b) Sentence.
Burglary committed in, and without causing damage to, a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 3 felony. Burglary committed in a building, housetrailer, or any part thereof or while causing damage to a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 2 felony. A burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of
worship is a
Class 1 felony, except that this provision does not apply to a day care center, day care home, group day care home, or part day child care facility operated in a private residence used as a dwelling.
(c) Regarding penalties prescribed in subsection
(b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 102-546, eff. 1-1-22.)
Notes of Decisions
Cited in 300
cases (63 in the last 5 years), 1994–2026 · leading case: People v. Bradford, 2016 IL 118674 (Ill. 2016).
People v. Bradford, 2016 IL 118674 (Ill. 2016). “¶3 BACKGROUND ¶4 Defendant was charged by indictment with one count of burglary by “knowingly and without authority remain[ing] within the building of Walmart, with the intent to commit therein a felony or a theft,” in violation of section 19-1(a) of the Criminal Code of 2012…”
People v. Beauchamp, 944 N.E.2d 319 (Ill. 2011). “OPINION Justice THEIS delivered the judgment of the court, with opinion. Following a joint bench trial in the circuit court of Cook County, defendants Albert Beauchamp and Michael Jones were found guilty of burglary (720 ILCS 5/19-1(a) (West 2006)).”
Rafael Hernandez-Mancilla v. Immigr. & Naturalization Serv., 246 F.3d 1002 (7th Cir. 2001). “Therefore, we consider whether either Hernandez-Maneilla’s conviction for burglary under 720 ILCS 5/19-1 or his conviction for possession of a stolen motor vehicle under 625 ILCS 5/4-103(a)(l) may be classified as a “theft offense.”
Czeslaw Parzych v. Merrick B. Garland, 2 F.4th 1013 (7th Cir. 2021). “He was convicted of burglary in violation of 720 ILCS 5/19-1 in 2011 and again in 2015 for knowingly and without author- ity remaining in buildings (storage lockers) with intent to commit theft.”
People v. Burlington, 2018 IL App (4th) 150642 (Ill. App. Ct. 2018). “Burlington, with one count of burglary ( 720 ILCS 5/19-1(a) (West 2014) ). After a February 2015 trial, a jury found defendant guilty of burglary.”
People v. Valdez, 2016 IL 119860 (Ill. 2016). “¶4 BACKGROUND ¶5 In 2012, defendant was charged with burglary (720 ILCS 5/19-1(a) (West 2012)) for entering a building with the intent to commit a theft, after he allegedly took a ring and earrings from an unoccupied house in Sheffield, Illinois.”
Dawkins v. United States, 809 F.3d 953 (7th Cir. 2016). “2d 498, 506-07 (2010), distinguish *955 ing retail theft, 720 ILCS 5/16A-3, from burglary, 720 ILCS 5/19-1, and holding that a conviction for both arising from the same act does not violate the double jeopardy clause or Illinois’s comparable bar on multiple punishments for the…”
Perry L. Scott, Sr., Michelle M. Scott, Phillip H. Scott, Jr. v. Rodney L. Edinburg & Vill. of Glenwood, a Mun. Corp., 346 F.3d 752 (7th Cir. 2003). “was ultimately responsible for [Mr. Scott's] death .”
People v. Lee, 926 N.E.2d 402 (Ill. App. Ct. 2010). “In May 2008, the trial court sentenced defendant as a Class X offender pursuant to section 5-5-3(c)(8) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-5-3(c)(8) (West 2006) (as amended by Pub. Act 94-1035, § 10, eff.”
People v. Bradford, 2014 IL App (4th) 130288 (Ill. App. Ct. 2014). “OPINION ¶1 Following a January 2013 bench trial, the trial court found defendant guilty of burglary (720 ILCS 5/19-1(a) (West 2010)) and sentenced defendant to three years in prison.”
People v. Gharrett, 2016 IL App (4th) 140315 (Ill. App. Ct. 2016). “The Charges Against Defendant ¶5 In October 2013, the State charged defendant with contributing to the criminal delinquency of a minor (720 ILCS 5/12C-30(b) (West 2012)) and burglary (720 ILCS 5/19-1 (West 2012)). The burglary count alleged that defendant did the following:…”
People v. Johnson, 2018 IL App (3d) 150352 (Ill. App. Ct. 2018). “The first two challenges attack the sufficiency of the State's evidence on both burglary elements-entering the store without authority and intending to commit theft therein ( 720 ILCS 5/19-1 (West 2014) ). Defendant also seeks a new trial because the court violated section…”
— 720 ILCS 5/19-1(a) — 229 cases
People v. Bradford, 2016 IL 118674 (Ill. 2016). “¶3 BACKGROUND ¶4 Defendant was charged by indictment with one count of burglary by “knowingly and without authority remain[ing] within the building of Walmart, with the intent to commit therein a felony or a theft,” in violation of section 19-1(a) of the Criminal Code of 2012…”
People v. Beauchamp, 944 N.E.2d 319 (Ill. 2011). “OPINION Justice THEIS delivered the judgment of the court, with opinion. Following a joint bench trial in the circuit court of Cook County, defendants Albert Beauchamp and Michael Jones were found guilty of burglary (720 ILCS 5/19-1(a) (West 2006)).”
People v. Valdez, 2016 IL 119860 (Ill. 2016). “¶4 BACKGROUND ¶5 In 2012, defendant was charged with burglary (720 ILCS 5/19-1(a) (West 2012)) for entering a building with the intent to commit a theft, after he allegedly took a ring and earrings from an unoccupied house in Sheffield, Illinois.”
People v. Burlington, 2018 IL App (4th) 150642 (Ill. App. Ct. 2018). “Burlington, with one count of burglary ( 720 ILCS 5/19-1(a) (West 2014) ). After a February 2015 trial, a jury found defendant guilty of burglary.”
People v. Bradford, 2014 IL App (4th) 130288 (Ill. App. Ct. 2014). “OPINION ¶1 Following a January 2013 bench trial, the trial court found defendant guilty of burglary (720 ILCS 5/19-1(a) (West 2010)) and sentenced defendant to three years in prison.”
— 720 ILCS 5/19-1(a)(1) — 1 case
People v. Markrovski, 2020 IL App (1st) 181275-U (Ill. App. Ct. 2020).
— 720 ILCS 5/19-1(b) — 36 cases
People v. Bradford, 2016 IL 118674 (Ill. 2016). “¶3 BACKGROUND ¶4 Defendant was charged by indictment with one count of burglary by “knowingly and without authority remain[ing] within the building of Walmart, with the intent to commit therein a felony or a theft,” in violation of section 19-1(a) of the Criminal Code of 2012…”
People v. Lee, 926 N.E.2d 402 (Ill. App. Ct. 2010). “In May 2008, the trial court sentenced defendant as a Class X offender pursuant to section 5-5-3(c)(8) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-5-3(c)(8) (West 2006) (as amended by Pub. Act 94-1035, § 10, eff.”
People v. Jernigan, 2014 IL App (4th) 130524 (Ill. App. Ct. 2015).
People v. Busse, 2016 IL App (1st) 142941 (Ill. App. Ct. 2016).
People v. Redmond, 828 N.E.2d 1206 (Ill. App. Ct. 2005).
— 720 ILCS 5/19-1(c) — 2 cases
People v. Willoughby, 2019 IL App (2d) 160729 (Ill. App. Ct. 2019).
People v. Willoughby, 2019 IL App (2d) 160729 (Ill. App. Ct. 2019).
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