by Attorney Eric D. PuryearIn Illinois, the crime of home invasion is defined by 720 ILCS 5/19-6 as the crime a person commits when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or who 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 when he or she knows or has reason to know that one or more persons are present and
(1) While armed with a dangerous weapon, other than a firearm, uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
(2) Intentionally causes any injury, except as provided in subsection (5), to any person or persons within the dwelling place, or
(3) While armed with a firearm uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
(4) Uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or
(5) Personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or
(6) Commits, against any person or persons within that dwelling place, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
Home invasion in Illinois is generally a Class X felony, punishable by a minimum of 6 and a maximum of 30 years in prison. However, some home invasion charges carry a minimum of 15 years, 25 years, or natural life in prison.
Insofar as the “dwelling place of another” term is defined by Illinois law, it includes a dwelling place where the defendant maintains a tenancy interest but from which the defendant has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order. Thus, a person who is excluded from their own home by a court order can be charged with home invasion.
Home invasion is one of the most serious charges that can be filed against a person in Illinois, and as such it is important to properly handle the case. A person who is accused of a Class X home invasion in Illinois is well advised to exercise their right to remain silent and seek an attorney at once.