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Illinois Compiled Statutes

720 ILCS 5/2-6 (2026)

"Dwelling"

✓ current as of May 2026
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(720 ILCS 5/2-6) (from Ch. 38, par. 2-6)
    Sec. 2-6. "Dwelling". (a) Except as otherwise provided in subsection (b) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.
    (b) For the purposes of Section 19-3 of this Code, "dwelling" means a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside.
(Source: P.A. 84-1289.)

    
Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1993–2025 · leading case: People v. Roberts, 2013 IL App (2d) 110524 (Ill. App. Ct. 2013).
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People v. Roberts, 2013 IL App (2d) 110524 (Ill. App. Ct. 2013). · cites it 3× “Section 2-6 of the Code (720 ILCS 5/2-6 (West 2010)) provides: -2- “(a) Except as otherwise provided in subsection (b) of this Section, ‘dwelling’ means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human…”
United States v. Michael Khoury, 877 F.3d 720 (7th Cir. 2017). “Although only those trailers in which “the owners or occupants actually reside” (720 ILCS 5/2-6(b)) count as dwellings, trailers are still movable.”
United States v. Jeremy Glispie, 943 F.3d 358 (7th Cir. 2019). “3d at 722–23 (quoting 720 ILCS 5/19-3(a) and 720 ILCS 5/2-6(b), respectively). We re- jected that argument.”
People v. Moore, 2014 IL App (1st) 112592 (Ill. App. Ct. 2014). · cites it 4× “” 720 ILCS 5/2-6(b), 19-3(a) (West 2010). Residential burglary expressly includes the offense of burglary, which a person commits when he or she “without authority *** knowingly enters or without authority remains within a building *** or any part thereof, with intent to commit…”
United States v. Jason Nebinger, 987 F.3d 734 (7th Cir. 2021). “” 720 ILCS 5/2-6(a). Given the distinct stat- utory definitions of “dwelling,” it is unreasonable to interpret the term for residential burglary purposes as expansively as Nebinger suggests.”
People v. Borgen, 668 N.E.2d 234 (Ill. App. Ct. 1996). · cites it 2× “" 720 ILCS 5/2-6(b) (West 1994). *238 Subsection (b) was added to section 2-6 in 1987.”
People v. Ramsey, 2018 IL App (2d) 151071 (Ill. App. Ct. 2018). “" 720 ILCS 5/2-6(b) (West 2010). Here, our focus is on whether the victim used or intended to use the location as a human habitation, home, or residence.”
Young v. State, 141 So. 3d 161 (Fla. 2013). “ise provided in subsection (b) of this Section, "dwelling” means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence; (b) For the purposes of Section 19-3 [Residential Burglary] of…”
United States v. Kevin Unthank, 109 F.3d 1205 (7th Cir. 1997). “720 ILCS 5/2-6(a)(l); 720 ILCS 5/5-8-1. In November of 1991, prosecutors in Madison County, Illinois filed an information charging Unthank with several felony offenses, including the crime of intimidation, alleging that “the .”
People v. Moore, 2014 IL App (1st) 112592 (Ill. App. Ct. 2014). · cites it 3× “" 720 ILCS 5/2-6(b), 19-3(a) (West 2010). Residential burglary expressly includes the offense of burglary, which a person commits when he or she "without authority *** knowingly enters or without authority remains within a building *** or any part thereof, with intent to commit…”
People v. Reynolds, 832 N.E.2d 512 (Ill. App. Ct. 2005). “" 720 ILCS 5/2-6(b) (West 2002). Therefore, the allegation in count I that defendant knowingly entered a dwelling includes an allegation that he knowingly entered a place where people reside or where people intend to reside soon.”
Banco Popular North Am. v. Gizynski, 2015 IL App (1st) 142871 (Ill. App. Ct. 2015). “3d 414, 420 (1993) (holding that when the court “could have inferred that complainant intended either to live in the unoccupied space or to rent the space to a tenant,” the unoccupied space was a dwelling under residential burglary statute (superseded by statute (720 ILCS…”
Show all 27 citing cases →
— 720 ILCS 5/2-6(a) — 1 case
United States v. Jason Nebinger, 987 F.3d 734 (7th Cir. 2021). “” 720 ILCS 5/2-6(a). Given the distinct stat- utory definitions of “dwelling,” it is unreasonable to interpret the term for residential burglary purposes as expansively as Nebinger suggests.”
— 720 ILCS 5/2-6(a)(l) — 1 case
United States v. Kevin Unthank, 109 F.3d 1205 (7th Cir. 1997). “720 ILCS 5/2-6(a)(l); 720 ILCS 5/5-8-1. In November of 1991, prosecutors in Madison County, Illinois filed an information charging Unthank with several felony offenses, including the crime of intimidation, alleging that “the .”
— 720 ILCS 5/2-6(b) — 18 cases
United States v. Michael Khoury, 877 F.3d 720 (7th Cir. 2017). “Although only those trailers in which “the owners or occupants actually reside” (720 ILCS 5/2-6(b)) count as dwellings, trailers are still movable.”
United States v. Jeremy Glispie, 943 F.3d 358 (7th Cir. 2019). “3d at 722–23 (quoting 720 ILCS 5/19-3(a) and 720 ILCS 5/2-6(b), respectively). We re- jected that argument.”
People v. Moore, 2014 IL App (1st) 112592 (Ill. App. Ct. 2014). “” 720 ILCS 5/2-6(b), 19-3(a) (West 2010). Residential burglary expressly includes the offense of burglary, which a person commits when he or she “without authority *** knowingly enters or without authority remains within a building *** or any part thereof, with intent to commit…”
People v. Roberts, 2013 IL App (2d) 110524 (Ill. App. Ct. 2013). “Section 2-6 of the Code (720 ILCS 5/2-6 (West 2010)) provides: -2- “(a) Except as otherwise provided in subsection (b) of this Section, ‘dwelling’ means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human…”
People v. Ramsey, 2018 IL App (2d) 151071 (Ill. App. Ct. 2018). “" 720 ILCS 5/2-6(b) (West 2010). Here, our focus is on whether the victim used or intended to use the location as a human habitation, home, or residence.”
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