ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/19-6 (2026)

Home Invasion

✓ current as of May 2026
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(720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
    Sec. 19-6. Home Invasion.
    (a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and
        (1) While armed with a dangerous weapon, other than a
    
firearm, uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
        (2) Intentionally causes any injury, except as
    
provided in subsection (a)(5), to any person or persons within the dwelling place, or
        (3) While armed with a firearm uses force or
    
threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
        (4) Uses force or threatens the imminent use of force
    
upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or
        (5) Personally discharges a firearm that proximately
    
causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or
        (6) Commits, against any person or persons within
    
that dwelling place, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves the premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein.
    (c) Sentence. Home invasion in violation of subsection (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of subsection (a)(3) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(5) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
    (d) For purposes of this Section, "dwelling place of another" includes a dwelling place where the defendant maintains a tenancy interest but from which the defendant has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order.
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)


 
    (720 ILCS 5/Art. 20 heading)
ARTICLE 20. ARSON

    
Notes of Decisions
Cited in 201 cases (145 in the last 5 years), 2013–2026 · leading case: People v. Brown, 2017 IL 121681 (Ill. 2017).
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People v. Brown, 2017 IL 121681 (Ill. 2017). · cites it 2× “¶ 5 On May 6, 2013, defendant entered a fully negotiated guilty plea to the charge of being an armed habitual criminal in the circuit court of Champaign County.”
People v. Brand, 2021 IL 125945 (Ill. 2021). · cites it 2× “ance of counsel, (5) the court erroneously considered improper factors during sentencing, (6) the order of protection should be vacated because it was entered in contravention of the statutory requirements, and (7) the mittimus should be corrected to accurately reflect that he…”
People v. Morgan, 2025 IL 130626 (Ill. 2025). “Specifically, the counts alleged: “the defendant, not a peace officer acting in the line of duty, knowingly and without authority, entered the dwelling place of Vanessa Williams ***, knowing Vanessa Williams to be present within that dwelling place and intentionally caused…”
People v. Witherspoon, 2019 IL 123092 (Ill. 2019). · cites it 4× “*666 ¶ 1 In this case, we must determine whether a person who enters the dwelling place of another in violation of a court order thereby enters the dwelling "without authority" under the home invasion statute ( 720 ILCS 5/19-6(a) (West 2014) ). For the following reasons, we…”
People v. Dorsey, 2016 IL App (4th) 140734 (Ill. App. Ct. 2016). · cites it 5× “BACKGROUND ¶3 In March 2013, the State filed a three-count information against defendant, charging him with (1) home invasion for entering the home of Trisha Convis (at trial, she was referred to as Trisha Baker), knowing someone was present, and armed himself with a dangerous…”
People v. Jones, 2023 IL App (4th) 230837 (Ill. App. Ct. 2023). “BACKGROUND ¶3 In July 2023, the State charged defendant by information with attempt (armed robbery) (720 ILCS 5/18-2(a)(2) (West 2022)), home invasion (720 ILCS 5/19-6(a)(3), (c) (West 2022)), and aggravated kidnapping (720 ILCS 5/10-2(a)(6), (b) (West 2022)).”
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “This language (“one or more persons is present”) is still a part of our home invasion statute today (see 720 ILCS 5/19-6(a) (West 2020)). ¶ 80 In People v.”
People v. Okoro, 2022 IL App (1st) 201254 (Ill. App. Ct. 2022). · cites it 3× “720 ILCS 5/19-6(a) (West 2020) (emphasis added).”
People v. Brand, 2020 IL App (1st) 171728 (Ill. App. Ct. 2020). · cites it 2× “ance of counsel; (5) the court erroneously considered improper factors during sentencing; (6) the order of protection should be vacated because it was entered in contravention of the statutory requirements; and (7) the mittimus should be corrected to accurately reflect that he…”
People v. Johnson, 2024 IL 130191 (Ill. 2024). “3(a-5)) (count V). Count V alleged that on or about October 21, 2018, defendant, in committing a domestic battery (id.”
People v. Dorsey, 2016 IL App (4th) 140734 (Ill. App. Ct. 2017). · cites it 5× “BACKGROUND ¶3 In March 2013, the State filed a three-count information against defendant, charging him with (1) home invasion for entering the home of Trisha Convis (at trial, she was referred to as Trisha Baker), knowing someone was present, and armed himself with a dangerous…”
People v. Carr-McKnight, 2020 IL App (1st) 163245 (Ill. App. Ct. 2020). “720 ILCS 5/12- 11(a)(3) (West 2010) (recodified as 720 ILCS 5/19-6(a)(3)); see Pub. Act 97-1108, § 10-5 (eff.”
Show all 201 citing cases →
— 720 ILCS 5/19-6(a) — 11 cases
People v. Witherspoon, 2019 IL 123092 (Ill. 2019). “*666 ¶ 1 In this case, we must determine whether a person who enters the dwelling place of another in violation of a court order thereby enters the dwelling "without authority" under the home invasion statute ( 720 ILCS 5/19-6(a) (West 2014) ). For the following reasons, we…”
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “This language (“one or more persons is present”) is still a part of our home invasion statute today (see 720 ILCS 5/19-6(a) (West 2020)). ¶ 80 In People v.”
People v. Witherspoon, 2019 IL 123092 (Ill. 2019).
People v. Okoro, 2022 IL App (1st) 201254 (Ill. App. Ct. 2022). “720 ILCS 5/19-6(a) (West 2020) (emphasis added).”
People v. Turecek, 2021 IL App (2d) 190993-U (Ill. App. Ct. 2021).
— 720 ILCS 5/19-6(a)(1) — 39 cases
People v. King, 2017 IL App (1st) 142297 (Ill. App. Ct. 2017).
People v. King, 2017 IL App (1st) 142297 (Ill. App. Ct. 2017).
People v. Dorsey, 2016 IL App (4th) 140734 (Ill. App. Ct. 2016). “BACKGROUND ¶3 In March 2013, the State filed a three-count information against defendant, charging him with (1) home invasion for entering the home of Trisha Convis (at trial, she was referred to as Trisha Baker), knowing someone was present, and armed himself with a dangerous…”
People v. Campos, 2024 IL App (2d) 230056-U (Ill. App. Ct. 2024).
People v. Campos, 2024 IL App (2d) 230056 (Ill. App. Ct. 2024).
— 720 ILCS 5/19-6(a)(2) — 84 cases
People v. Morgan, 2025 IL 130626 (Ill. 2025). “Specifically, the counts alleged: “the defendant, not a peace officer acting in the line of duty, knowingly and without authority, entered the dwelling place of Vanessa Williams ***, knowing Vanessa Williams to be present within that dwelling place and intentionally caused…”
People v. Dorsey, 2016 IL App (4th) 140734 (Ill. App. Ct. 2016). “BACKGROUND ¶3 In March 2013, the State filed a three-count information against defendant, charging him with (1) home invasion for entering the home of Trisha Convis (at trial, she was referred to as Trisha Baker), knowing someone was present, and armed himself with a dangerous…”
People v. Brand, 2021 IL 125945 (Ill. 2021). “ance of counsel, (5) the court erroneously considered improper factors during sentencing, (6) the order of protection should be vacated because it was entered in contravention of the statutory requirements, and (7) the mittimus should be corrected to accurately reflect that he…”
People v. Johnson, 2024 IL 130191 (Ill. 2024). “3(a-5)) (count V). Count V alleged that on or about October 21, 2018, defendant, in committing a domestic battery (id.”
People v. Acosta, 2024 IL App (2d) 230475 (Ill. App. Ct. 2024).
— 720 ILCS 5/19-6(a)(3) — 48 cases
People v. Brown, 2017 IL 121681 (Ill. 2017). “¶ 5 On May 6, 2013, defendant entered a fully negotiated guilty plea to the charge of being an armed habitual criminal in the circuit court of Champaign County.”
People v. Jones, 2023 IL App (4th) 230837 (Ill. App. Ct. 2023). “BACKGROUND ¶3 In July 2023, the State charged defendant by information with attempt (armed robbery) (720 ILCS 5/18-2(a)(2) (West 2022)), home invasion (720 ILCS 5/19-6(a)(3), (c) (West 2022)), and aggravated kidnapping (720 ILCS 5/10-2(a)(6), (b) (West 2022)).”
People v. Brand, 2021 IL 125945 (Ill. 2021). “ance of counsel, (5) the court erroneously considered improper factors during sentencing, (6) the order of protection should be vacated because it was entered in contravention of the statutory requirements, and (7) the mittimus should be corrected to accurately reflect that he…”
People v. Carr-McKnight, 2020 IL App (1st) 163245 (Ill. App. Ct. 2020). “720 ILCS 5/12- 11(a)(3) (West 2010) (recodified as 720 ILCS 5/19-6(a)(3)); see Pub. Act 97-1108, § 10-5 (eff.”
People v. Walker, 2020 IL App (4th) 180774 (Ill. App. Ct. 2020).
— 720 ILCS 5/19-6(a)(4) — 6 cases
Milija Zivkovic v. Eric Holder, Jr., 724 F.3d 894 (7th Cir. 2013).
People v. Tate, 2022 IL App (4th) 200320-U (Ill. App. Ct. 2022).
People v. Cookbay, 2020 IL App (1st) 162638-U (Ill. App. Ct. 2020).
People v. McKinstry, 2022 IL App (3d) 180598 (Ill. App. Ct. 2022).
People v. Jackson, 2025 IL App (5th) 230504-U (Ill. App. Ct. 2025).
— 720 ILCS 5/19-6(a)(5) — 6 cases
People v. Armstrong, 2025 IL App (1st) 210723-U (Ill. App. Ct. 2025).
People v. Davis, 2021 IL App (1st) 181587-U (Ill. App. Ct. 2021).
People v. Jaquez, 2024 IL App (2d) 230070-U (Ill. App. Ct. 2024).
People v. Williams, 2022 IL App (3d) 190562-U (Ill. App. Ct. 2022).
People v. Lawrence, 2023 IL App (5th) 210392-U (Ill. App. Ct. 2023).
— 720 ILCS 5/19-6(a)(6) — 7 cases
People v. Fuller, 2025 IL App (4th) 231457 (Ill. App. Ct. 2025).
People v. Carter, 2024 IL App (2d) 230234 (Ill. App. Ct. 2024).
People v. Richardson, 2022 IL App (1st) 191689-U (Ill. App. Ct. 2022).
People v. Burton, 2025 IL App (4th) 240933-U (Ill. App. Ct. 2025).
People v. Fuller, 2021 IL App (3d) 180703-U (Ill. App. Ct. 2021).
— 720 ILCS 5/19-6(c) — 16 cases
People v. Brown, 2017 IL 121681 (Ill. 2017). “¶ 5 On May 6, 2013, defendant entered a fully negotiated guilty plea to the charge of being an armed habitual criminal in the circuit court of Champaign County.”
People v. Armstrong, 2025 IL App (1st) 210723-U (Ill. App. Ct. 2025).
People v. Spencer, 2023 IL App (1st) 200646-U (Ill. App. Ct. 2023).
People v. Boose, 2021 IL App (2d) 190416-U (Ill. App. Ct. 2021).
People v. Chew, 2016 IL App (1st) 141494 (Ill. App. Ct. 2016).
— 720 ILCS 5/19-6(d) — 3 cases
People v. Witherspoon, 2017 IL App (4th) 150512 (Ill. App. Ct. 2018).
People v. Witherspoon, 2017 IL App (4th) 150512 (Ill. App. Ct. 2017).
People v. Sellers, 2020 IL App (2d) 180413-U (Ill. App. Ct. 2020).
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