CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I
Also Known As: Residential Burglary, Home Burglary, Breaking and Entering Residence

720 ILCS 5/19-3

Sec. 19-3. Residential burglary.

Illinois Compiled Statute
720 ILCS 5/19-3
Offense Description
Residential burglary
Offense Classification
Class 1 Felony
Statutory Penalties & Sentencing Scope
4 to 15 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 5/19-3 (Residential burglary) is classified as a Class 1 Felony. Statutory sentencing scope: 4 to 15 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 1 Felony

4 to 15 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 1 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
Residential burglary Official ILGA · 720 ILCS 5/19-3 -> Class 1 Felony Rule 551 Mandate Detainable — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 19-3. Residential burglary.

(a)

(a) A person commits residential burglary 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 therein a felony or theft. This offense includes the offense of burglary as defined in Section 19-1.

(a-5) A person commits residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit therein a felony or theft or to facilitate the commission therein of a felony or theft by another.

(b)

(b) Sentence. Residential burglary is a Class 1 felony.

(Source: P.A. 96-1113, eff. 1-1-11; 97-1108, eff. 1-1-13.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/19-3 in Illinois?

Under Illinois law, 720 ILCS 5/19-3 (Residential burglary) is classified as a Class 1 Felony.

Sentencing Scope: 4 to 15 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Is a court appearance mandatory for 720 ILCS 5/19-3 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 5/19-3 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 5/19-3?

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 5/19-3 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/19-3 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-19-3
Cross-Referenced ILCS Codes