A person commits burglary when, without authority, he or she knowingly enters, or without authority remains, within a building house trailer, watercraft, aircraft, motor vehicle, or any part thereof, with intent to commit a felony of theft. 720 ILCS 5/19-1(a) (2012).—Burglary is a felony.
Interesting Point: It is no defense that the entryway was open and that the entry was made without overcoming some type of impediment. People v. Blair, 1 Ill. App. 3d 6, 8, 272 N.E.2d 404, 406 (5th Dist. 1971)
Interest Point: It is not necessary to prove that anything was taken to support a burglary conviction. People v. Clark, 30 Ill. 2d 216, 219, 195 N.E.2d 31, 633 (1964)
Interesting Point: The elements of “knowingly,” “unauthorized entry,” “without authority,” and “specific intent,” must be demonstrated independently with evidence. People v. Polansky, 6 Ill. App. 3d 773, 776, 287 N.E.2d 747, 749 (3d Dist. 1972)
A person commits the offense when he or she “knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit a felony of theft. 720 ILCS 5/19-3(a) (2012)
Interesting Point: The State must demonstrate that the defendant unlawfully entered the home with the intent to commit theft. People v. Snow, 124 Ill. App. 3d 955, 961, 464 N.E.2d 1262, 1266 (2nd Dist, 1984)
Interesting Point: “Dwelling” now requires actual use as a residence or that this use is intended “within a reasonable period of time.” 720 ILCS 5/2-6(b) (2012)
Lesser Included Offenses and Burglary
Theft may or may not be lesser included offense of burglary or residential burglary. A conviction for a burglary and an armed robbery occurring in the burglarized premises will both be upheld independently. People v. Graves, 54 Ill. App. 3d 1027, 1033-34 370 N.E.2d 1219, 1224 (3d Dist. 1977)
Criminal Trespass to Residence
(1) A person commits the offense of criminal trespass to residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling of another. (2) A person commits the offense of criminal trespass to residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the resident after he or she knows or has reason to know that one or more persons is present.
Interesting Point: This offense is different from residential burglary not only because of the intent requirement, but also because it specifically proves that the illegal entry involved must be into the actual dwelling of another—720 ILCS 5/19-4(a)(3) (2012)—where the entry was into a detached garage that was not actively used as a residence, it was not criminal trespass to a residence, In re A.C., 215 Ill. App. 3d 611, 614, 575 N.E.2d 584, 586 (2d Dist. 1991)
A person commits arson when, by means of fire or explosive, he knowingly:
(a) Damages any real property, or any personal property having a value of $150 or more, of another without his consent or
(b) with intent to defraud an insurer, damages any property or any personal property having a value of $150 or more. 720 ILCS 5/20-1 (2012)
Interesting Point: If the fire of explosion is caused by a defendant’s conduct that is accidental, negligent, or reckless in nature, this is not arson. Rolling Perkins & Ronald Boyce, Criminal Law 276 (3d ed 1982).
Defense: Consent is an affirmative defense to arson. People v. White, 22 Ill. App. 3d 206, 208, 317 N.E.2d 273, 274 (5th Dist. 1974)
A person commits aggravated arson when in the course of committing arson he or she knowingly damages, partially or totally, any adjacent building or structure, including all or any part of a school building, house trailer, watercraft, motor vehicle, or railroad car, and
- he knows or reasonably should know that one or more persons are present there in or
- any person suffers great bodily harm or permanent disable or disfigurement as a result of the fire or explosion or
- a fireman, policeman, or correctional officer who is present at the scene acting in the line of duty is injured as a result of fire or explosion. 720 ILCS 5/20-1.1(a) (2012)
Lesser Included Offenses and Arson
Where the arson caused damage to several residences, multiple convictions for arson could lie even though the fires were started by the same act. People v. Orr, 149 Ill. App. 3d 348, 365-66, 500 N.E.2d 665, 678 (1st Dist. 1986)
Criminal Damage to Property
The State must prove the defendant “knowingly” damages the property of another except where (1) the damage was by means of a fire or explosion, whereupon “reckless” need to proved, (2) the damage was done “with the intent to defraud an insurer,” or (3) the damage was caused by a stink bomb, whereupon the intent to interfere with another’s use of property must be proved. 720 ILCS 5/21-1(1) (2012).
Interesting Point: The largest single class of property damage in Illinois involves the break of windows. People v. Vesley, 86 Ill. App. 2d 283, 287, 229 N.E.2d 886, 888 (1st Dist. 1967). –Breaking windows of a house, a store or an automobile without justification will constitute criminal damage to property.
Defense: It is an affirmative defense that the owner of the property or land consented to the damage. However, there is a legal presumption that the owner of the damages property did not consent to the damage of the owner’s property. 720 ILCS 5/21-1(1) (2012)
Lesser Included Offense and Criminal Damage to Property
Where a defendant engages in conduct that results in injury to both property and a person, he or she can be convicted of both criminal damage to property and, for example, aggravated battery because the former is clearly not a lesser included offense of the latter. People v. Quinn, 23 Ill. App. 3d 476, 578, 319 N.E.2d 539, 540 (4th Dist. 1974)
Where a defendant destroys property while engaged in a theft, he or she can be convicted for both the criminal damage and the theft. People v. Elam, 39 Ill. App 3d 705, 709, 350 (5th Dist. 1976)
Criminal Trespass to Real Property
Whoever: (1) Knowingly and without awful authority enters or remain within or on a building; or (2) enters upon the land of another, after receiving, prior to such entry, notice from the owner that such entry is forbidden; or (3) remains upon the land of another, after receiving notice from the owner. 720 ILCS 5/21-3 (2012).
Interesting Point: Where the defendant does not have notice regarding entry, but is thereafter notified that his or her presence on certain property is forbidden, he or she must be given reasonable opportunity to leave the property before his or her presence will be considered criminal. People v. Mims, 8 Ill. App. 3d 32, 35, 288 N.E.2d 891, 893 (1st Dist. 1972)
Interesting Point;: One cannot resort to deadly force in defense of another property unless he or she is reasonably attempting to prevent the trespasser’s commission of a forcible felony. 720 ILCS 5/7-3 (2012)
Criminal Trespass to State Supported Land
Whoever enters upon land supported in whole or in part with State funds…or any building on such land, after receiving, prior to such entry, notice from the State or its representatives that such entry is forbidden, or remains upon such land or in such building after receiving notice from the State or its representatives to depart, and who thereby interferes with another person’s lawful use or enjoyment of such building commits a misdemeanor. 720 ILCS 5/21-5(a) (2012)
Interesting Point: This offense requires not only a trespass, but also a trespass that “interferes with another person’s lawful use or enjoyment” of State supported building or land. 720 ILCS 5/21-5(a) (2012).