People v. Witherspoon

Illinois Supreme Court
Criminal Court
Home Invasion
Citation
Case Number: 
2019 IL 123092
Decision Date: 
Friday, January 25, 2019
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Appellate court reversed; circuit court court affirmed.
Justice: 
BURKE

A person who enters the dwelling place of another in violation of a court order thereby enters the dwelling "without authority" under the home invasion statute. The "without authority" element must include the mental state of knowledge. State met its burden of proving beyond a reasonable doubt that Defendant knew he entered victim's home without authority, as Defendant testified that he knew circuit court ordered him not to entered victim's home and that he violated that order. (KARMEIER, THOMAS, KILBRIDE, GARMAN, THEIS, and NEVILLE, concurring.)