Structure And Structure Support The Theory That It Is An Extension Of The Living Quarters
The State will likely be able to prove the Hernandezes’ pool house constitutes a dwelling because the facts support that its construction resembles that of the main dwelling and that it is frequently used for similar purposes as the living quarters, such as eating, sitting, watching television, and hosting friends.
As defined in ILCS §5/19-3, “a person commits residential burglary when he knowingly enters or remains within the dwelling place of another, or any part thereof, with the intent to commit a felony.” For the purpose of this statute, dwelling is defined as “a house, apartment, mobile home, trailer, or other living quarters” in which a person “actually resides.” §5/2-6(b). However, courts may take into account additional factors to determine if a structure is constitutes a dwelling or “part thereof.” §5/19-3. In determining whether a structure is a dwelling under the residential burglary statute, the courts consider two main factors: (1) the physical attributes of the structure and (2) the use of the structure. Thomas, p.64; Cunningham, p. 1252.
The policy underlying the residential burglary statute is “to protect the privacy and sanctity of the home with a view toward the greater dangers and potential for harm from the burglary of a home as opposed to a business.” Silva, p. 951. Considering…