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Illinois Compiled Statutes

720 ILCS 5/20-1 (2026)

Arson; residential arson; place of worship arson

✓ current as of May 2026
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(720 ILCS 5/20-1) (from Ch. 38, par. 20-1)
    Sec. 20-1. Arson; residential arson; place of worship arson.
    (a) A person commits arson when, by means of fire or explosive, he or she knowingly:
        (1) Damages any real property, or any personal
    
property having a value of $150 or more, of another without his or her consent; or
        (2) With intent to defraud an insurer, damages any
    
property or any personal property having a value of $150 or more.
    Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.
    (b) A person commits residential arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any building or structure that is the dwelling place of another.
    (b-5) A person commits place of worship arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any place of worship.
    (c) Sentence.
    Arson is a Class 2 felony. Residential arson or place of worship arson is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

    
Notes of Decisions
Cited in 45 cases (17 in the last 5 years), 1993–2026 · leading case: People v. Rincon, 900 N.E.2d 1192 (Ill. App. Ct. 2008).
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People v. Rincon, 900 N.E.2d 1192 (Ill. App. Ct. 2008). · cites it 3× “Rincon, was convicted of attempted arson (720 ILCS 5/20-1(a), 8-4(a) (West 2004)). Defendant appeals, arguing that his right to a jury trial was violated, that the State failed to prove his guilt beyond a reasonable doubt, and that the State committed a prejudicial discovery…”
People v. Whitmore, 2023 IL App (1st) 231807-B (Ill. App. Ct. 2023). “¶2 James Whitmore was arrested and charged with possession of an explosive or incendiary device (720 ILCS 5/20-2(a)) and arson (720 ILCS 5/20-1(a)(1)). He has remained in police custody since his arrest on December 13, 2022.”
People v. Davis, 821 N.E.2d 1154 (Ill. 2004). “Indeed, the inclusion of arson on this list indicates a legislative intent that the single felonious act of lighting a fire with the intent to defraud an insurer (720 ILCS 5/20-1 (West 1998)) can serve as the predicate felony for a charge of felony murder if someone present in…”
People v. Kuntu, 752 N.E.2d 380 (Ill. 2001). “1(a) (West 1994)) and one count of arson (720 ILCS 5/20-1(a) (West 1994)). Subsequently, the State entered a nolle prosequi on 14 of the murder counts, 11 of the aggravated arson counts, and the arson count.”
People v. Saxon, 871 N.E.2d 244 (Ill. App. Ct. 2007). “Justice CARTER delivered the opinion of the court: Defendant Todd Saxon was convicted of first degree murder (720 ILCS 5/9-1(a)(1) (West 2004)), arson (720 ILCS 5/20-1(a) (West 2004)), and concealment of homicidal death (720 ILCS 5/9-3.”
People v. Gill, 2018 IL App (3d) 150594 (Ill. App. Ct. 2018). “720 ILCS 5/20-1(a)(1), (b) (West 2012). Aggravated arson is committed where a person, in committing arson upon a building, knows or reasonably should know that there are one or more people inside.”
People v. Stewart, 940 N.E.2d 273 (Ill. App. Ct. 2010). · cites it 2× “" 720 ILCS 5/20-1 (West 2006). In this case, the State charged defendant with arson "in that he, by means of fire or explosion, knowingly damaged any real property, to wit, 5405 South Shields, Chicago, Cook County, Illinois, the property of Willie Jones without the consent of…”
Allendale Mut. Ins. Co. v. Bull Data Sys., Inc., 10 F.3d 425 (7th Cir. 1993). “So even if BDS had brought a "note from home" (the relevant home being the Quai d'Orsay), and brought it to a court that takes the strict view, it is far from clear that it would prevail.”
People v. Smith, 624 N.E.2d 836 (Ill. App. Ct. 1993). · cites it 2× “Her motions for a new trial and judgment notwithstanding the verdict were both denied following a hearing.”
People v. Nino, 665 N.E.2d 847 (Ill. App. Ct. 1996). “720 ILCS 5/20-1.1 (West 1994). The record contains ample evidence from which a reasonable trier of fact could find: (1) the defendant planned and ordered the knowing use of fire to damage the Aldava residence; (2) the property was valued in excess of $150; and (3) great bodily…”
People v. Birge, 2019 IL App (4th) 170341-U (Ill. App. Ct. 2019). · cites it 3× “¶2 In February 2017, a jury found defendant, Brian Birge, guilty of burglary (720 ILCS 5/19-1(a), (b) (West 2014)) and arson (720 ILCS 5/20-1(a)(1), (c) (West 2014)), both Class 2 felonies with mandatory Class X sentencing based on defendant’s criminal history (730 ILCS 5/5-4.”
In Re Ll, 693 N.E.2d 908 (Ill. App. Ct. 1998). “, a 13-year-old minor, with one count of arson (720 ILCS 5/20-1(a) (West 1996)) and two counts of aggravated arson (720 ILCS 5/20-1.”
Show all 45 citing cases →
— 720 ILCS 5/20-1(a) — 13 cases
People v. Rincon, 900 N.E.2d 1192 (Ill. App. Ct. 2008). “Rincon, was convicted of attempted arson (720 ILCS 5/20-1(a), 8-4(a) (West 2004)). Defendant appeals, arguing that his right to a jury trial was violated, that the State failed to prove his guilt beyond a reasonable doubt, and that the State committed a prejudicial discovery…”
People v. Kuntu, 752 N.E.2d 380 (Ill. 2001). “1(a) (West 1994)) and one count of arson (720 ILCS 5/20-1(a) (West 1994)). Subsequently, the State entered a nolle prosequi on 14 of the murder counts, 11 of the aggravated arson counts, and the arson count.”
People v. Saxon, 871 N.E.2d 244 (Ill. App. Ct. 2007). “Justice CARTER delivered the opinion of the court: Defendant Todd Saxon was convicted of first degree murder (720 ILCS 5/9-1(a)(1) (West 2004)), arson (720 ILCS 5/20-1(a) (West 2004)), and concealment of homicidal death (720 ILCS 5/9-3.”
In Re Ll, 693 N.E.2d 908 (Ill. App. Ct. 1998). “, a 13-year-old minor, with one count of arson (720 ILCS 5/20-1(a) (West 1996)) and two counts of aggravated arson (720 ILCS 5/20-1.”
People v. Flores, 2022 IL App (2d) 210757 (Ill. App. Ct. 2022).
— 720 ILCS 5/20-1(a)(1) — 8 cases
People v. Whitmore, 2023 IL App (1st) 231807-B (Ill. App. Ct. 2023). “¶2 James Whitmore was arrested and charged with possession of an explosive or incendiary device (720 ILCS 5/20-2(a)) and arson (720 ILCS 5/20-1(a)(1)). He has remained in police custody since his arrest on December 13, 2022.”
People v. Gill, 2018 IL App (3d) 150594 (Ill. App. Ct. 2018). “720 ILCS 5/20-1(a)(1), (b) (West 2012). Aggravated arson is committed where a person, in committing arson upon a building, knows or reasonably should know that there are one or more people inside.”
People v. Birge, 2019 IL App (4th) 170341-U (Ill. App. Ct. 2019). “¶2 In February 2017, a jury found defendant, Brian Birge, guilty of burglary (720 ILCS 5/19-1(a), (b) (West 2014)) and arson (720 ILCS 5/20-1(a)(1), (c) (West 2014)), both Class 2 felonies with mandatory Class X sentencing based on defendant’s criminal history (730 ILCS 5/5-4.”
People v. Rogers, 2023 IL App (1st) 231808-U (Ill. App. Ct. 2023).
People v. Childress, 2024 IL App (4th) 240669-U (Ill. App. Ct. 2024).
— 720 ILCS 5/20-1(b) — 11 cases
Allendale Mut. Ins. Co. v. Bull Data Sys., Inc., 10 F.3d 425 (7th Cir. 1993). “So even if BDS had brought a "note from home" (the relevant home being the Quai d'Orsay), and brought it to a court that takes the strict view, it is far from clear that it would prevail.”
People v. Berg, 660 N.E.2d 1003 (Ill. App. Ct. 1996).
People v. Ladd, 2023 IL App (5th) 200271-U (Ill. App. Ct. 2023).
People v. McKenzie, 2024 IL App (4th) 231063-U (Ill. App. Ct. 2024).
Allendale Mut. Ins. v. Bull Data Sys., Inc., 10 F.3d 425 (7th Cir. 1993).
— 720 ILCS 5/20-1(c) — 1 case
People v. Franklin, 2024 IL App (1st) 220989-U (Ill. App. Ct. 2024).
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