Illinois Supreme Court

People v. Johnson

January 19, 20212019 IL 123318

Summary

The Illinois Supreme Court held that a person who enters a retail store with the intent to commit a theft enters the building “without authority” for purposes of burglary, even when the store is open and the person remains in areas accessible to the public. The court concluded that the retail-theft statute and the precedent establishing the limited-authority doctrine address distinct conduct and that the later decision concerning burglary by remaining did not alter the rule governing burglary by entry. The appellate judgment was reversed, the circuit court judgment was affirmed, and the cause was remanded for consideration of unresolved issues.