CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/19-1

Sec. 19-1. Burglary.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Class 2 Felony

3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Detention Eligible (725 ILCS 5/110-6.1)

Detention Eligible: The State's Attorney may petition the court for denial of pretrial release under 725 ILCS 5/110-6.1 (Forcible Felony). Standard: Real and present threat to physical safety.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 2 Felony
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Detention Eligible (Forcible Felony)
SOS Reporting Code None Assigned
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Burglary Class 2 Felony Release on Notice Detainable
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 19-1. Burglary.

(a)

(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)

(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, early care and education center, early care and education home, group early care and education home, or part day program, or place of worship is a Class 1 felony, except that this provision does not apply to an early care and education center, early care and education home, group early care and education home, or part day program operated in a private residence used as a dwelling.

(c)

(c) Regarding penalties prescribed in subsection (b) for violations committed in an early care and education center, early care and education home, group early care and education home, or part day program, the time of day, time of year, and whether children under 18 years of age were present in the early care and education center, early care and education home, group early care and education home, or part day program are irrelevant.

(Source: P.A. 104-480, eff. 7-1-26.)

Cross-Referenced ILCS Codes