Burglary: The Elements of the Offense in Illinois

 Posted on September 13, 2017 in burglary

Burglary is generally defined as the breaking and entering into the house of another for an unlawful purpose. However, it is important to note that burglary is one of those crimes that is defined slightly differently in each state.

In Illinois, breaking in is not a required element of burglary and there are several different listed entities beyond homes and structures that can be burgled.

Illinois Statutes Section 19-1: Burglary

According to section 19-1 of the Illinois Statutes, an individual commits the crime of burglary when, without the authority to do so, he or she knowingly enters or remains within a building, watercraft, house trailer, aircraft, railroad car, motor vehicle, or any part thereof, while intending to commit theft or a felony therein. This statute can be broken down into the following key elements:

• Knowingly Entering or Remaining: Some people mistakenly believe that an offender must physically break something to gain access (for example, a window) in order to commit the crime of burglary. However,in Illinois this is not the case. No physical breaking in is necessary. Instead, the offender must only knowingly enter or remain without the authority to do so. For example, if a teenager intentionally remains in a department store after closing, a court would likely find that he or she knowingly remained in a building without the authority to do so and has therefore fulfilled the knowingly enters or remains requirement of burglary.

• Intending to Commit Theft or a Felony: This element of burglary is often the most difficult for the prosecution to prove as it speaks to the intent of the offender. In order to satisfy this element, the offender must have entered (or remained) in the building (or watercraft, house trailer, aircraft, etc.) while intending to commit theft or a felony while inside. For instance, if the teenager from the example above remained in the department store with the intent to steal merchandise, then a court would likely find that this second element of burglary has been satisfied.

But how can the prosecution prove that an alleged offender intended to commit theft or a felony? How can anyone know what was in the alleged offender’s mind at the time? For example, how do we know that the teenager intended to steal merchandise and was not just looking for a safe place to spend the night?

Proving criminal intent can be tricky but is generally established via either a confession or circumstantial evidence.

Reach Out to Us For Help

If you have been charged with burglary in Illinois, then the prosecution will need to prove each element discussed above in order to convict you. Therefore, it is critical that you retain an experienced Rolling Meadows criminal defense lawyer who is prepared to aggressively and skillfully defend you against each allegation put forth by the prosecution. Attorney Christopher Cosley, the sole attorney at the Law Offices of Christopher M. Cosley, is just such an attorney and would be happy to discuss your legal options with you.

Source:

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1