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Taylor v. United States, 495 U.S. 575 (1990), was a U.S. Supreme Court decision that filled in an important gap in the federal criminal law of sentencing. The federal criminal code does not contain a definition of many crimes, including burglary, the crime at issue in this case.
Those found guilty of a residential burglary now face 5 to 10 years in state prison, a fine of up to $150,000 or both.
[1] [2] The compilation organizes the general Acts of Illinois into 67 chapters arranged within 9 major topic areas. [3] The ILCS took effect in 1993, replacing the previous numbering scheme generally known as the Illinois Revised Statutes (Ill. Rev. Stat.), the latest of which had been adopted in 1874 but appended by private publishers since. [3]
Attempted forcible entry into a property is also classified as burglary, in the FBI's Uniform Crime Reports (UCR) definition. As of 1999, there were 1.4 million residential burglaries reported in the United States, which was a record low number, not seen since 1966. [5] Though, up to 50% of burglaries are not reported to the police. [5]
Before the term "home invasion" came into use, the term "hot burglary" was often used in the literature. Early references also use "burglary of occupied homes" [10] and "burglar striking an occupied residence." [11] In 2008 Connecticut Congressman Chris Murphy proposed making home invasion a federal crime in the United States. [12] [13]
Any felony may be a forcible felony under Illinois law if the felony "involves the use or threat of physical force or violence". [ 11 ] The Illinois rule for felony murder defines any killing that occurs in the commission of a forcible felony as first-degree murder , regardless of intent (unless the felony itself is second-degree murder).
The Constitution of Illinois is the foundation of the government of Illinois and vests the legislative power of the state in the Illinois General Assembly. The Illinois Constitution in turn is subordinate only to the Constitution of the United States , which is the supreme law of the land.
Burglary and the intended crime, if carried out, are treated as separate offenses. Burglary is a felony, even when the intended crime is a misdemeanor, and the intent to commit the crime can occur when one "enters or remains unlawfully" in the building, expanding the common-law definition. It has three degrees.