720 ILCS 5/19-6: Home Invasion in Illinois

What Is Home Invasion Under Illinois Law?

Updated September 2026

This page sets out the statute section by section: the elements the State must prove, the six subsections and their sentences, the affirmative defense in the text of the law, how the statute treats a home the accused was barred from, and how home invasion differs from burglary. Ms. Williams defends violent-felony cases across Central Illinois.

The Elements: Entry, Knowledge of a Person, and One Listed Act

Every home invasion charge has the same first two parts. Entry without authority into the dwelling place of another, or remaining after entering. And knowledge, at the time of entry or on learning it afterward, that one or more people are present. What separates one home invasion charge from another is the third part: which of the six listed acts the State says occurred.

"Dwelling" is defined in 720 ILCS 5/2-6(b) as a house, apartment, mobile home, trailer, or other living quarters in which, at the time of the alleged offense, the owners or occupants actually reside or in their absence intend within a reasonable period to reside.

The Six Ways Home Invasion Is Charged, and the Sentence for Each

The "added years" in (a)(3), (a)(4), and (a)(5) are served on top of the Class X base term, not in place of it. Probation, conditional discharge, and periodic imprisonment are not available sentences for a Class X felony.

Home invasion is also a truth-in-sentencing offense. Under 730 ILCS 5/3-6-3(a)(2), a person convicted of home invasion must serve at least 85 percent of the sentence imposed.

The Affirmative Defense in 19-6(b)

The statute contains its own defense. Under 19-6(b), it is an affirmative defense that the accused who knowingly entered the dwelling place of another, and remained until learning or having reason to know that someone was present, then immediately left the premises or surrendered to the person or persons lawfully present, without attempting to cause or causing serious bodily injury to any person present.

An affirmative defense in Illinois is one the defense raises with some evidence, after which the State must disprove it beyond a reasonable doubt along with the other elements.

A Home You Were Barred From: 19-6(d)

Under 19-6(d), "dwelling place of another" includes a dwelling in which the accused maintains a tenancy interest but from which the accused has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order. A name on the lease, a key, or shared title does not make an entry authorized once a court order says otherwise.

The Illinois Supreme Court applied this in a Macon County case, People v. Witherspoon, 2019 IL 123092. The defendant was on bond in a domestic battery case with a condition that he not enter the complaining witness's residence. He entered anyway and was charged under 19-6(a)(2). The court held that entering a dwelling in violation of a court order is entering "without authority" for purposes of the home invasion statute.

Home Invasion vs. Residential Burglary

Residential burglary, 720 ILCS 5/19-3, is knowingly and without authority entering or remaining in the dwelling place of another with the intent to commit a felony or theft inside. It is a Class 1 felony (4 to 15 years) and does not require that anyone be home. Home invasion requires people present and one of the six acts above. The two are separate offenses with separate elements, and the facts of an entry determine which, if either, the State can prove.

Frequently Asked Questions: Home Invasion in Illinois

What is the sentence for home invasion in Illinois?

Home invasion is a Class X felony under 720 ILCS 5/19-6(c). The Class X sentencing range is 6 to 30 years in the Illinois Department of Corrections, and probation is not available for a Class X felony. If a firearm was involved, the statute adds mandatory years on top of the base term: 15 years when armed with a firearm, 20 years when the firearm was discharged, and 25 years to natural life when the discharge caused great bodily harm, permanent disability, permanent disfigurement, or death.

What does the State have to prove for home invasion?

Three things, at minimum. First, that the accused knowingly entered the dwelling place of another without authority, or remained after entering. Second, that the accused knew or had reason to know that one or more people were present. Third, one of the six acts listed in 720 ILCS 5/19-6(a): using or threatening force while armed with a dangerous weapon, intentionally injuring someone inside, using or threatening force while armed with a firearm, discharging a firearm, discharging a firearm and causing great bodily harm or death, or committing a listed sex offense against a person inside.

Is home invasion the same as burglary or residential burglary?

No. Residential burglary under 720 ILCS 5/19-3 is entering a dwelling without authority with the intent to commit a felony or theft inside; it is a Class 1 felony and does not require that anyone be home. Home invasion turns on people being present and on force, injury, a weapon, or a sex offense. The same entry can be charged as one, the other, or both depending on what the State says happened inside.

Is there a defense written into the home invasion statute?

Yes. 720 ILCS 5/19-6(b) provides an affirmative defense where the accused entered the dwelling, then, on learning or having reason to know that someone was present, immediately left the premises or surrendered to the people lawfully there, without attempting to cause or causing serious bodily injury to anyone present.

Can I be charged with home invasion for entering my own house?

Under 720 ILCS 5/19-6(d), the "dwelling place of another" includes a home in which the accused still holds a tenancy interest (a lease, shared title, or marital residence) but from which the accused has been barred by a divorce decree, judgment of dissolution, order of protection, or other court order. In People v. Witherspoon, 2019 IL 123092, the Illinois Supreme Court applied this to a defendant who entered a residence in violation of a bond condition in a domestic battery case.

Does home invasion require a weapon?

Not always. Subsection 19-6(a)(2) covers intentionally causing any injury to a person inside, with no weapon required. The other subsections involve a dangerous weapon, a firearm, or a sex offense. Which subsection is charged determines the sentence.

Is home invasion a "forcible felony" in Illinois?

Yes. 720 ILCS 5/2-8 lists home invasion by name in the definition of forcible felony. That classification matters elsewhere in Illinois law: it affects the felony-murder rule under 720 ILCS 5/9-1(a)(3), eligibility for certain sentencing alternatives, and how a prior conviction is treated in later cases.

How much of a home invasion sentence has to be served?

Home invasion is one of the offenses listed in Illinois's truth-in-sentencing law, 730 ILCS 5/3-6-3(a)(2), which requires that a person convicted of home invasion serve at least 85 percent of the sentence imposed. The day-for-day good-conduct credit that applies to many other felonies does not apply.

What is "entry by false pretense" under the home invasion statute?

The statute also reaches a person who gains entry by falsely representing himself or herself to be a representative of a government agency or a utility company, and then commits one of the acts in 720 ILCS 5/19-6(a). That entry is treated the same as an entry without authority.

Which courts hear home invasion cases in Central Illinois?

Home invasion is a felony heard in the circuit court of the county where the offense is alleged to have occurred: the 10th Judicial Circuit in Peoria and Tazewell counties, the 11th in McLean County, the 13th in LaSalle County, and the 6th in Macon County. Ms. Williams represents clients in each of these courts.

This page is general legal information, not legal advice, and reading it does not create an attorney-client relationship. To discuss your situation, contact Ms. Williams at (309) 999-1177.