is burglary class 2 felony ?

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is burglary class 2 felony ?

Asked on May 11, 2009 under Criminal Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes it is a Class 2 felony generally unless committed in a place of worship or school.  Here is the statute:

720 ILCS 5/Art. 19 heading)

ARTICLE 19. BURGLARY


 

    (720 ILCS 5/19‑1) (from Ch. 38, par. 19‑1)
    Sec. 19‑1. Burglary.
    (a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, 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) Sentence.
    Burglary is a Class 2 felony. A burglary committed in a school or place of worship is a Class 1 felony.
(Source: P.A. 91‑360, eff. 7‑29‑99; 91‑928, eff. 6‑1‑01.)
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