CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I
Also Known As: Burglary, Commercial Burglary, Breaking and Entering, Illegal Entry

720 ILCS 5/19-1

Sec. 19-1. Burglary.

Illinois Compiled Statute
720 ILCS 5/19-1
Offense Description
Burglary
Offense Classification
Class 2 Felony
Statutory Penalties & Sentencing Scope
3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (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 Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 720 ILCS 5/19-1 (Burglary) is classified as a Class 2 Felony. Statutory sentencing scope: 3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is subject to detention eligibility under the SAFE-T Act (725 ILCS 5/110-6.1).

Offense Class & Sentencing Scope Class 2 Felony

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

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

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 Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Detention Eligible (Forcible Felony)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Burglary Official ILGA · 720 ILCS 5/19-1 -> Class 2 Felony Rule 551 Mandate Detainable — ILGA.gov ->

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.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/19-1 in Illinois?

Under Illinois law, 720 ILCS 5/19-1 (Burglary) is classified as a Class 2 Felony.

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

Is a court appearance mandatory for 720 ILCS 5/19-1 under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 720 ILCS 5/19-1 detainable before trial under the SAFE-T Act?

Detention Eligible: 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.

What Secretary of State driver's license sanctions apply to 720 ILCS 5/19-1?

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

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 720 ILCS 5/19-1 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/19-1 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-19-1
Cross-Referenced ILCS Codes