What does it mean to enter a dwelling under the home invasion statute?

A dwelling under Illinois law is a house, apartment, mobile home, or other structure used as a residence. The entry must be unauthorized — meaning the defendant did not have permission from the occupant. Entry includes physical entry of any part of the body or an instrument used to commit the offense. Illinois courts have held that a person who enters lawfully (such as an invited guest) and then remains after permission is withdrawn can satisfy the entry element if the other statutory requirements are met.

Does home invasion require an actual weapon?

Not necessarily. The home invasion statute lists multiple ways the offense can be committed. Being armed with a dangerous weapon is one path, but the statute is also satisfied when the defendant uses or threatens force against any person within the dwelling, intentionally causes injury, or commits a sexual offense inside. A defendant who enters unarmed but threatens violence against an occupant can be charged with home invasion under the use-of-force theory.

What defenses are available for home invasion charges?

Common defenses include lack of unauthorized entry (the defendant had permission or reasonable belief of permission), no one was present in the dwelling at the time of entry, lack of intent at the time of entry, mistaken identity, and Fourth Amendment challenges to evidence obtained through unlawful searches. Affirmative defenses such as defense of self or others may also apply in narrow circumstances. The reasonable doubt standard applies — the State must prove every element beyond a reasonable doubt.

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

Q: Is home invasion a felony in Illinois?

Yes. Home invasion under 720 ILCS 5/19-6 is a Class X felony. Class X is the highest felony classification in Illinois short of first-degree murder. The sentencing range is 6 to 30 years in the Illinois Department of Corrections, with no possibility of probation. Sentences are subject to 85 percent truth-in-sentencing for any home invasion involving great bodily harm.

Q: What is the difference between home invasion and burglary in Illinois?

Burglary under 720 ILCS 5/19-1 requires entry of a building with intent to commit a theft or felony, but does not require that anyone be present. Home invasion under 720 ILCS 5/19-6 requires entry of a dwelling specifically, that at least one person was present inside, and that the defendant either used or threatened force, was armed with a dangerous weapon, or committed certain additional acts. Burglary is a Class 3, 2, or 1 felony depending on the structure and circumstances; home invasion is a Class X felony with a much higher sentencing range.

Q: What is the penalty for home invasion in Illinois?

Home invasion is a Class X felony punishable by 6 to 30 years in IDOC. Probation is not available. Home invasion while armed with a firearm carries a mandatory 15-year sentencing enhancement under 720 ILCS 5/19-6(c). Personal discharge of a firearm during the offense adds 20 years; personal discharge causing great bodily harm or death adds 25 years to natural life. These enhancements stack with the underlying 6-to-30 range.

Q: How many years do you get for home invasion in Illinois?

The base sentence for home invasion is 6 to 30 years in the Illinois Department of Corrections, because home invasion is a Class X felony under 720 ILCS 5/19-6(c) and the Class X range in 730 ILCS 5/5-4.5-25 is not less than 6 years and not more than 30 years. An extended-term Class X sentence runs 30 to 60 years. Firearm versions of the offense add mandatory years on top: 15 years for being armed with a firearm under subsection (a)(3), 20 years for personally discharging a firearm under (a)(4), and 25 years up to natural life for a discharge causing great bodily harm, permanent disability, permanent disfigurement, or death under (a)(5). A mandatory supervised release term, 18 months for most Class X felonies under 730 ILCS 5/5-8-1, follows release from prison.

Q: Can you get probation for home invasion in Illinois?

No. Home invasion is a Class X felony, and under 730 ILCS 5/5-4.5-25 a period of probation or conditional discharge shall not be imposed for a Class X felony. Periodic imprisonment is also unavailable. The only sentencing option is a prison term within the 6-to-30-year range (plus any applicable firearm enhancement), followed by a mandatory supervised release term of 18 months for most Class X felonies under 730 ILCS 5/5-8-1.

Q: Is there a defense if the person immediately leaves or surrenders?

Yes, in one specific situation. 720 ILCS 5/19-6(b) provides an affirmative defense to the enters-and-remains form of home invasion: a person who knowingly enters the dwelling and remains until he or she knows or has reason to know someone is present, but who then either immediately leaves the premises or surrenders to the person or persons lawfully present, without attempting to cause or causing serious bodily injury, has a defense to the charge. How the encounter ended - who left, who stayed, what was said - can determine whether this defense applies.

Home invasion under 720 ILCS 5/19-6 is one of the most serious property-related offenses in Illinois criminal law. It is classified as a Class X felony — the highest classification short of first-degree murder — and carries a sentencing range that begins at six years in the Illinois Department of Corrections and reaches thirty years before any firearm enhancements are considered. Understanding the elements of the statute and how it differs from related charges (burglary, residential burglary, aggravated battery) is essential to evaluating any case in this area.

Updated July 2026

720 ILCS 5/19-6 — Home Invasion

"A person who is not a peace officer acting in the line of duty commits home invasion 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 knowingly enters the dwelling place of another and remains in such dwelling place until he or she knows or has reason to know that one or more persons is present, and (1) While armed with a dangerous weapon... uses force or threatens the imminent use of force upon any person... or (2) Intentionally causes any injury... to any person within such dwelling place..."

What this means: The statute combines multiple elements that must all be present to support a home invasion charge. The defendant must enter (or remain in) a dwelling, the entry must be unauthorized, at least one person must be present (or the defendant must remain until a person is present), and the defendant must commit one of the listed aggravating acts — being armed, using or threatening force, causing injury, committing a sexual offense, or discharging a firearm. Each element is required; absence of any one can support a charge of a lesser offense rather than home invasion.

Class X Felony Classification and Sentencing

Home invasion is a Class X felony under Illinois law. The base sentencing range for Class X is 6 to 30 years in the Illinois Department of Corrections, served at 85 percent truth-in-sentencing when the offense involved great bodily harm to another. Probation is not available for Class X felonies — the only sentencing options are IDOC time within the statutory range. Extended-term sentencing under 730 ILCS 5/5-8-2 can push the upper limit above 30 years when statutory aggravating factors apply.

Firearm enhancements stack on top of the base range. Under 720 ILCS 5/19-6(c), a home invasion while armed with a firearm (subsection (a)(3)) adds a mandatory 15 years to the sentence. Personally discharging a firearm during the offense (subsection (a)(4)) adds 20 years. Personally discharging a firearm that causes great bodily harm, permanent disability, permanent disfigurement, or death (subsection (a)(5)) adds 25 years to natural life. These enhancements are not discretionary — when proven, they must be imposed.

Home Invasion Penalties at a Glance

Form of the offense	Classification	Sentence
Home invasion — dangerous weapon other than a firearm, injury, or sexual offense (19-6(a)(1), (a)(2), (a)(6))	Class X felony	6-30 years IDOC (730 ILCS 5/5-4.5-25); no probation; 18 months mandatory supervised release in most cases (730 ILCS 5/5-8-1)
Extended-term Class X (statutory aggravators)	Class X felony, extended term	30-60 years IDOC
While armed with a firearm (19-6(a)(3))	Class X felony	Base range plus 15 years added to the sentence
Personally discharging a firearm (19-6(a)(4))	Class X felony	Base range plus 20 years added to the sentence
Discharge causing great bodily harm, permanent disability, disfigurement, or death (19-6(a)(5))	Class X felony	Base range plus 25 years up to natural life

The Difference Between Home Invasion and Burglary

Home invasion is frequently confused with burglary and residential burglary. The distinctions matter because the penalty differences are large.

Burglary under 720 ILCS 5/19-1 is entry of a building, vehicle, or other structure with intent to commit a theft or felony. No one needs to be present. Burglary of a non-dwelling building is a Class 2 felony (3-7 years). Burglary of a dwelling is residential burglary, a Class 1 felony (4-15 years) — and notably, residential burglary still does not require that anyone be present.

Home invasion requires both (a) entry of a dwelling and (b) the presence of at least one person inside, plus (c) one of the aggravating circumstances (armed, force, injury, etc.). The presence of another person and the aggravating conduct are what elevate the charge from residential burglary to home invasion and change the felony class from 1 to X.

In practical terms: a defendant who breaks into an empty home with intent to steal is looking at residential burglary, Class 1, 4-15 years. The same defendant who enters while the homeowner is asleep upstairs — and who is armed, uses force, or commits any of the other listed aggravators — is looking at home invasion, Class X, 6-30 years plus possible firearm enhancements.

Common Defenses to Home Invasion Charges

Defending a home invasion case typically focuses on whether the State can prove each element beyond a reasonable doubt. Common defense theories include:

Authorized entry. If the defendant had permission to enter the dwelling — or a reasonable belief of permission — the unauthorized-entry element fails. This is fact-specific and often turns on the relationship between the defendant and the occupant.
No one present. If the State cannot prove that a person was present in the dwelling at the time of entry (or before the defendant left), the charge fails as home invasion and may proceed as residential burglary instead.
Mistaken identity. Identification cases involve eyewitness reliability, lighting conditions at the scene, lineup procedures, and any forensic evidence.
Fourth Amendment challenges. Evidence obtained through an unlawful search of a vehicle, residence, or person may be suppressed if the search violated constitutional standards.
Defense of self or others. In narrow circumstances, an affirmative defense may apply if the use of force was justified.

The reasonable doubt standard applies throughout. The State must prove every element of the offense, including the aggravating circumstance, beyond a reasonable doubt to obtain a conviction.

Where Home Invasion Cases Are Handled

In the Peoria area, home invasion charges are prosecuted by the Peoria County State's Attorney's office and heard on the felony docket at the Peoria County Courthouse, 324 Main Street, Peoria, IL 61602. Tazewell County home invasion cases are heard at the Tazewell County Courthouse in Pekin. Because home invasion is a Class X felony, cases are prosecuted aggressively, bond is often set high, and the defense work is substantial — including discovery review, motions practice, witness interviews, and frequently expert evaluation.

Frequently Asked Questions — 720 ILCS 5/19-6 Home Invasion

What is 720 ILCS 5/19-6?

720 ILCS 5/19-6 is the Illinois home invasion statute. It is a Class X felony — the highest felony classification short of first-degree murder. The statute applies when a person knowingly enters or remains in a dwelling of another, while one or more persons are present, and either uses or threatens force, is armed with a dangerous weapon, causes injury, commits a sexual offense inside, or discharges a firearm.

Is home invasion a felony in Illinois?

Yes — a Class X felony. The sentencing range is 6 to 30 years in IDOC. Probation is not available. Cases involving great bodily harm are subject to 85 percent truth-in-sentencing. Firearm enhancements can add 15, 20, or 25 years to natural life on top of the base sentence.

What is the difference between home invasion and burglary?

Burglary under 720 ILCS 5/19-1 requires entry with intent to commit theft or felony but does not require anyone to be present. Home invasion requires that the entered structure be a dwelling, that a person be present, and that one of the listed aggravating acts occur. Burglary is a Class 3, 2, or 1 felony depending on the structure and circumstances; home invasion is a Class X felony.

What is the penalty for home invasion in Illinois?

Class X felony — 6 to 30 years in IDOC, no probation. Firearm enhancements: 15 years for being armed with a firearm, 20 for personal discharge, 25 to life for discharge causing great bodily harm or death. Cases with great bodily harm are subject to 85 percent truth-in-sentencing.

What does it mean to enter a dwelling under the statute?

A dwelling is a house, apartment, mobile home, or other residence. Entry must be unauthorized — without permission of the occupant. Entry includes physical entry of any part of the body or instrument. A person who enters lawfully and then remains after permission is withdrawn can satisfy the entry element if the other elements are also met.

Does home invasion require a weapon?

Not necessarily. The statute lists multiple paths — being armed with a dangerous weapon is one, but the offense can also be committed by using or threatening force, causing injury, committing a sexual offense inside, or discharging a firearm. A defendant who enters unarmed but threatens violence can be charged under the use-of-force theory.

What defenses apply to home invasion charges?

Lack of unauthorized entry (permission or reasonable belief of permission), no person present at entry, no aggravating act, mistaken identity, and Fourth Amendment challenges to evidence. Affirmative defenses of self or others may apply in narrow circumstances. The State must prove every element beyond a reasonable doubt.

How many years do you get for home invasion in Illinois?

The base sentence is 6 to 30 years in IDOC — home invasion is a Class X felony, and the Class X range under 730 ILCS 5/5-4.5-25 is not less than 6 and not more than 30 years. An extended-term Class X sentence runs 30 to 60 years. The firearm forms of the offense add mandatory years under 720 ILCS 5/19-6(c): 15 years for being armed with a firearm, 20 for personally discharging one, and 25 years up to natural life for a discharge causing great bodily harm or death. A mandatory supervised release term — 18 months for most Class X felonies under 730 ILCS 5/5-8-1 — follows release.

Can you get probation for home invasion in Illinois?

No. Under 730 ILCS 5/5-4.5-25, probation and conditional discharge shall not be imposed for a Class X felony, and periodic imprisonment is unavailable. The only sentence is IDOC time within the statutory range, followed by mandatory supervised release — 18 months for most Class X felonies under 730 ILCS 5/5-8-1.

Is there a defense if the person immediately leaves or surrenders?

Yes — 720 ILCS 5/19-6(b) gives an affirmative defense to the enters-and-remains form of the charge. A person who remains until learning someone is present, but then immediately leaves or surrenders without attempting to cause or causing serious bodily injury, has a defense to home invasion.

Can a home invasion charge be reduced to burglary?

Sometimes. If the State cannot prove a person was present, the appropriate charge may be residential burglary (Class 1) or burglary (Class 2). Charge reduction is a matter of plea negotiation and depends on the evidence and the bargaining position of the defense.