Criminal Fortification of Residence in Illinois
Criminal fortification of a residence or building is an offense under Illinois law that aims to prevent people from making their homes or buildings impenetrable to lawful police entry. This article provides an overview of the fortification law, its purpose, what constitutes a violation, penalties, and potential defenses.
What is Criminal Fortification of a Residence or Building?
In Illinois, criminal fortification of a residence or building is defined under 720 ILCS 5/19-5. Under this statute, it is illegal for a person to fortify a home or building with the intent to prevent lawful police entry, if they know the building is being used for illegal drug activities like manufacturing, storage, delivery, or trafficking of cannabis, controlled substances, or methamphetamine.
The law defines a “fortified condition” as impeding entry through steel doors, wooden planking, crossbars, alarm systems, dogs, video surveillance, or other similar means. Video surveillance alone does not qualify unless it is intended to interfere with police duties, allow destruction of evidence, or facilitate harm to officers.
Purpose of the Law
The purpose of 720 ILCS 5/19-5 is to give police the ability to lawfully enter fortified locations being used for drug crimes. Without this law, residences converted into drug operations could become virtually impenetrable, creating dangerous situations for police and communities.
The statute aims to balance public safety and police powers with citizens’ rights to protect their homes. It targets building fortification only when tied to specific unlawful drug activities. It does not prohibit all home security measures or affect most law-abiding citizens.
What Constitutes a Criminal Fortification Violation?
To be found guilty under 720 ILCS 5/19-5, the prosecution must prove the following:
- The defendant maintained a residence or building in a fortified condition,
- They intended to prevent lawful entry of police or others,
- They knew the building was used for illegal drug manufacturing, storage, delivery, or trafficking,
- The illegal drug activity involved cannabis, controlled substances, or methamphetamine.
The crime applies to any type of building, including houses, apartments, warehouses, garages, and more.
Penalties and Sentencing
Criminal fortification of a residence or building is a Class 3 felony in Illinois. Sentences can include:
- 2-5 years in prison
- Fines up to $25,000
- Probation for up to 4 years
Penalties increase for repeat offenses or if other felonies were committed within the fortified building. Additional charges may also apply, such as for the underlying drug crimes.
Defenses
Several legal defenses may apply in fortification cases:
- No intent to prevent lawful police entry – If fortifications were not meant to block police, but only to enhance privacy or prevent break-ins, this may rebut charges.
- Lack of knowledge of drug activities – Defendants can argue they did not know the building was used for drug crimes. This may apply to tenants, employees, or others without full access.
- Constitutional rights violations – Defense attorneys may claim the statute unconstitutionally limits fortification rights or improperly allows police searches. Arguments focus on rights to privacy, protection against searches, and due process.
- Unlawful police conduct – Any evidence obtained through illegal searches or seizures can be suppressed. This may include observations of fortifications made during an improper investigation.
- Duress – Defendants threatened or coerced into fortifying a building may argue they acted under duress.
Police Discretion
Police have discretion over whether to make arrests and press charges under 720 ILCS 5/19-5. They may decline to enforce the law against homeowners with relatively minor fortifications unrelated to serious drug crimes.
Prosecutors can also drop charges if evidence is weak or mitigating factors exist. First-time offenders without major fortifications may see charges reduced or dismissed through plea bargains.
Conclusion
Criminal fortification laws remain controversial, but serve an important public safety purpose in Illinois. Still, critics argue they can enable police overreach and unfairly target minorities and low-income communities. Defense lawyers can challenge cases through several strategies focused on intent, knowledge, and constitutional rights. Police and prosecutors also have discretion over how vigorously to enforce fortification laws. With sound legal advice, some defendants may avoid conviction.