Illinois Compiled
Statutes-Criminal Offenses-Criminal Code of 1961
720 ILCS 5/
ARTICLE
21. DAMAGE AND TRESPASS TO PROPERTY
(720
ILCS 5/21-1)
Sec. 21-1. Criminal damage to property.
(1) A person commits an illegal act when he:
(a) knowingly damages any property of another without his consent;
or
(b) recklessly by means of fire or explosive damages property of
another; or
(c) knowingly starts a fire on the land of another without
his consent; or
(d) knowingly injures a domestic animal of another without
his consent; or
(e) knowingly deposits on the land or in the building of another,
without his consent, any stink bomb or any offensive smelling compound
and thereby intends to interfere with the use by another of the
land or building; or
(f) damages any property, other than as described in subsection
(b) of Section 20-1, with intent to defraud an insurer; or
(g) knowingly shoots a firearm at any portion of a railroad train.
When the charge of criminal damage to property exceeding
a specified value is brought, the extent of the damage
is an element of the offense to be resolved by the trier of fact
as either exceeding
or not exceeding the specified value.
(2) The acts described in items (a), (b), (c), (e),
and (f) are Class A misdemeanors if the damage to property
does not exceed $300. The acts described in items (a), (b),
(c),
(e), and (f)
are Class 4 felonies if the damage to property does
not exceed $300 if the damage occurs to property of
a school or place
of worship. The act described in item (d) is a Class 4 felony
if the damage to property does not exceed $10,000.
The act described
in item (g)
is a Class 4 felony. The acts described in items (a), (b),
(c), (e), and (f) are
Class 4 felonies if the damage to property exceeds
$300 but does not exceed $10,000. The acts described
in items (a)
through (f) are Class 3 felonies if the damage to property
exceeds $300
but does not exceed $10,000 if the damage occurs to property
of a school or place of
worship. The acts described in items (a) through (f) are Class
3 felonies if the damage to property exceeds $10,000 but does
not exceed $100,000.
The acts described in items (a) through (f) are Class
2 felonies if the damage to property exceeds $10,000
but does not
exceed $100,000 if the damag occurs to property of a school
or place of worship. The acts described in items (a)
through (f)
are Class 2 felonies if the damage
to property exceeds $100,000. The acts described in
items (a) through (f) are Class 1 felonies if the damage
to property
exceeds $100,000 and the damage occurs to property of a school
or place of worship. If
the damage to property exceeds $10,000, the court shall
impose upon the offender a fine equal to the value of the damages
to the property.
(3) In addition to any other sentence that may be imposed,
a court shall order any person convicted of criminal damage
to property to perform community service for not less than 30 and
not more than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition, whenever
any person is placed
on supervision for an alleged offense under this Section,
the supervision shall be conditioned upon the performance of the
community service. This subsection does not apply when the court
imposes a sentence of incarceration.
(Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
(720 ILCS
5/21-1.1)
Sec. 21-1.1. Criminal Damage of Fire Fighting Apparatus,
Hydrants or Equipment.
Whoever wilfully and maliciously cuts, injures, damages,
tamperswith or destroys or defaces any fire hydrant or
any fire hose or any fire engine, or other public or private fire
fighting equipment, or any apparatus appertaining to such equipment,
or intentionally opens any fire hydrant without proper authorization,
is guilty of a Class B misdemeanor.
(Source: P.A. 78-255.)
(720 ILCS 5/21-1.2)
Sec. 21-1.2. Institutional vandalism.
(a) A person commits institutional vandalism when, by reason
of the actual or perceived race, color, creed, religion
or national origin of another individual or group of individuals,
regardless of the existence of any other motivating factor or factors,
he or she knowingly and without consent inflicts damage to any of
the following properties:
(1) A church, synagogue, mosque, or other building, structure or
place used for religious worship or other religious purpose;
(2) A cemetery, mortuary, or other facility used for
the purpose of burial or memorializing the dead;
(3) A school, educational facility or community center;
(4) The grounds adjacent to, and owned or rented by,
any institution, facility, building, structure or place
described in
paragraphs (1), (2) or (3) of this subsection (a); or
(5) Any personal property contained in any institution, facility,
building, structure or place described in paragraphs (1),
(2) or (3) of this subsection (a). (b) Institutional vandalism
is a Class 3 felony if the damage to the property does not exceed
$300. Institutional
vandalism is a Class 2 felony if the damage to the property exceeds
$300. Institutional vandalism is a Class 2 felony for any second
or subsequent offense. (b-5) Upon imposition of any sentence, the
trial court shall also either order restitution paid to the victim
or impose a fine up to $1,000. In addition, any order of probation
or conditional discharge entered following a conviction or an adjudication
of delinquency shall include a condition that the offender perform
public or community service of no less than 200 hours if that service
is established in the county where the offender was convicted of
institutional vandalism. The court may also impose any other condition
of probation or conditional discharge under this Section. (c) Independent
of any criminal prosecution or the result
of that prosecution, a person suffering damage to property
or injury to his or her person as a result of institutional vandalism
may bring a civil action for damages, injunction or other appropriate
relief. The court may award actual damages, including damages for
emotional distress, or punitive damages. A judgment may include
attorney's fees and costs. The parents or legal guardians of an
unemancipated minor, other than guardians appointed under the Juvenile
Court Act or the Juvenile Court Act of 1987, shall be liable for
the amount of any judgment for actual damages rendered against
the minor under this subsection in an amount not exceeding the
amount provided under Section 5 of
the Parental Responsibility Law.
(Source: P.A. 92-830, eff. 1-1-03.)
(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property
when the person knowingly damages the property of
another without his or her consent by defacing, deforming, or otherwise
damaging the property by the use of paint or any other similar
substance, or by the use of a writing instrument, etching tool,
or any other similar
device.
(b) Criminal defacement of property is a Class A
misdemeanor for a first offense if the damage to
the property
does not exceed $300. Criminal defacement of property is a Class
4 felony if the damage to property does not exceed $300 and the
property damaged is a school building or place of worship. Criminal
defacement of property is a Class 4 felony for a second or subsequent
conviction or if the damage to the property exceeds $300. Criminal
defacement of property is a Class 3 felony if the damage to property
exceeds $300 and the property damaged is a school building or place
of worship. In addition to any other sentence that may be imposed
for a violation of this Section that is chargeable as a Class 3
or Class 4 felony, a person convicted of criminal defacement of
property shall be subject to a mandatory minimum fine of $500 plus
the actual costs incurred by the property owner or the unit of
government to abate, remediate, repair, or remove the effect of
the damage to the property. To the extent permitted by law, reimbursement
for the costs of abatement, remediation,
repair, or removal shall be payable to the person
who incurred the costs. In addition to any other sentence that
may be imposed, a court shall order any person convicted of criminal
defacement of property
to perform community service for not less than 30
and not more than 120 hours, if community service is available
in the jurisdiction. The community service shall include, but need
not be limited to, the cleanup and repair of the damage to property
that was caused by the offense, or similar damage to property located
in the municipality or county in which the offense occurred. If
the property damaged is a school building, the community service
may include cleanup, removal, or painting over the defacement.
In addition, whenever any person is placed on supervision for an
alleged offense under this Section,
the supervision shall be conditioned upon the performance
of the community service.
(Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99;
91-931, eff.
6-1-01.)
(720
ILCS 5/21-1.4)
Sec.
21-1.4. Jackrocks.
(a) A person who knowingly sells, gives away, manufactures, purchases,
or possesses a jackrock or who knowingly places, tosses, or throws
a jackrock on public or private property commits a Class A misdemeanor.
(b) As used in this Section, "jackrock" means a caltrop
or other object manufactured with one or more rounded or sharpened
points, which when placed or thrown present at
least one point at such an angle that it is peculiar to and
designed for use in puncturing
or damaging vehicle tires. It does not include
a device designed to puncture or damage the tires of a vehicle
driven over it in a particular
direction, if a conspicuous and clearly visible
warning is posted at the device's location, alerting persons to
its presence.
(c) This Section does not apply to the possession,
transfer, or use of jackrocks by any law enforcement
officer in the course of his or her official duties.
(Source: P.A. 89-130, eff. 7-14-95.)
(720 ILCS 5/21-1.5)
Sec. 21-1.5. Anhydrous ammonia equipment, containers,
and facilities.
(a) It is unlawful for any person to tamper with
anhydrous ammonia equipment, containers, or storage
facilities.
(b) Tampering with anhydrous ammonia equipment,
containers, or storage facilities occurs when
any person who is not authorized by the owner of the anhydrous
ammonia, anhydrous ammonia equipment, storage containers, or storage
facilities transfers or attempts to transfer anhydrous ammonia
to another container, causes
damage to the anhydrous ammonia equipment, storage
container, or storage facility, or vents anhydrous ammonia into
the environment.
(b-5) It is unlawful for any person to transport
anhydrous ammonia in a portable container if
the container is not a package authorized for anhydrous ammonia
transportation as defined in
rules adopted under the Illinois Hazardous Materials
Transportation Act. For purposes of this subsection (b-5), an authorized
package includes a package previously authorized under the Illinois
Hazardous Materials Transportation Act.
(b-10) For purposes of this Section:
"Anhydrous ammonia" means the compound defined in paragraph (d) of
Section
3 of the Illinois Fertilizer Act of 1961. "Anhydrous ammonia equipment", "anhydrous
ammonia storage containers", and "anhydrous ammonia storage facilities" are
defined in rules adopted under the Illinois Fertilizer Act of
1961.
(c) Sentence. A violation of subsection (a) or (b) of this Section
is a Class A misdemeanor. A violation of subsection (b-5) of this Section
is a Class 4 felony.
(Source: P.A. 91-402, eff. 1-1-00; 91-889, eff. 1-1-01; 92-16,
eff.
6-28-01.)
(720 ILCS 5/21-2)
Sec. 21-2. Criminal trespass to vehicles.
Whoever knowingly
and without authority enters any part of or operates any
vehicle, aircraft, watercraft or snowmobile commits a Class A misdemeanor.
(Source: P.A. 83-488.)
(720 ILCS 5/21-3)
Sec. 21-3. Criminal trespass to real property.
(a) Whoever:
(1) knowingly and without lawful authority enters or remains within
or on a building; or
(2) enters upon the land of another, after receiving, prior
to such entry, notice from the owner or occupant that such
entry is forbidden; or
(3) remains upon the land of another, after receiving notice from
the owner or occupant to depart; or
(4) enters upon one of the following areas in or on a motor vehicle
(including an off-road vehicle, motorcycle, moped, or any other
powered two-wheel vehicle), after receiving prior to that entry,
notice from the owner or occupant that the entry is forbidden or
remains upon or in the area after receiving notice from the owner or
occupant to depart:
(A) any field that is used for growing crops or which is capable
of being used for growing crops; or
(B) an enclosed area containing livestock; or
(C) or an orchard; or
(D) a barn or other agricultural building containing
livestock;
commits a Class B misdemeanor.
For purposes of item (1) of this subsection, this Section
shall not apply to being in a building which is open to the
public while the building is open to the public during its normal
hours of operation; nor shall this Section apply to a person who
enters a public building under the reasonable belief that the building
is still open to the public.
(b) A person has received notice from the owner or occupant
within the meaning of Subsection (a) if he has been notified
personally, either orally or in writing including a valid court
order as defined by subsection (7) of Section 112A-3 of the Code
of Criminal Procedure of 1963 granting remedy (2) of subsection
(b) of Section 112A-14 of that Code, or if a printed or written
notice forbidding such entry has been conspicuously posted or exhibited
at the main entrance to such land or the forbidden part thereof.
(c) This Section does not apply to any person, whether a migrant
worker or otherwise, living on the land with permission of the
owner or of his agent having apparent authority to hire workers
on such
land and assign them living quarters or a place of accommodations
for living thereon, nor to anyone living on such land at the request
of, or by occupancy, leasing or other agreement or arrangement
with the owner or his agent, nor to anyone invited by such migrant
worker or
other person so living on such land to visit him at the place
he is so living upon the land.
(d) A person shall be exempt from prosecution under this Section
if he beautifies unoccupied and abandoned residential and industrial
properties located within any municipality. For the purpose of
this subsection, "unoccupied and abandoned residential and
industrial property" means any real estate (1) in which
the taxes have not been paid for a period of at least 2 years;
and (2) which has been left unoccupied and abandoned for a
period of at least one year; and "
beautifies" means to landscape, clean up litter, or to repair
dilapidated conditions on or to board up windows and doors.
(e) No person shall be liable in any civil action for money damages
to the owner of unoccupied and abandoned residential and industrial
property which that person beautifies pursuant to subsection
(d) of this Section.
(f) This Section does not prohibit a person from entering
a building or upon the land of another for emergency purposes.
For purposes of this subsection (f), "emergency" means
a condition or circumstance in which an individual is or
is reasonably believed by the person to be in imminent danger
of serious bodily harm or
in which property is or is reasonably believed to be in imminent
danger of damage or destruction.
(Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626,
eff.
8-9-96; 90-419, eff. 8-15-97.)
(720 ILCS 5/21-4)
Sec. 21-4. Criminal Damage to Government Supported Property.
(1) Any of the following acts is a Class 4 felony when the
damage to property is $500 or less, and any such act is
a Class 3 felony when the damage to property exceeds $500 but does
not exceed $10,000; a Class2 felony when the damage to property
exceeds $10,000 but does not exceed $100,000 and a Class 1 felony
when the damage to property exceeds $100,000:
(a) Knowingly damages any property supported in whole or
in part with State funds, funds of a unit of local government
or school district, or Federal funds administered or granted
through State agencies without the consent of the State; or
(b) Knowingly, by means of fire or explosive damages property supported
in whole or in part with State funds, funds of a unit of local
government or school district, or Federal funds administered or
granted through State agencies; or
(c) Knowingly starts a fire on property supported in whole
or in part with State funds, funds of a unit of local government
or school district, or Federal funds administered or granted
through State agencies without the consent of the State;
or
(d) Knowingly deposits on land or in a building supported
in whole or in part with State funds, funds of a unit of
local government or school district, or Federal funds administered
or
granted through State agencies without the consent of the
State, any stink bomb or any offensive smelling compound
and thereby intends to interfere with the use by another of the
land or building.
(2) When the damage to property exceeds $10,000, the court
shall impose upon the offender a fine equal to the value
of the damages to the property.
(Source: P.A. 89-30, eff. 1-1-96.)
(720
ILCS 5/21-5)
Sec. 21-5. Criminal Trespass to State Supported Land.
(a)
Whoever enters upon land supported in whole or
in part with State funds, or Federal funds administered or granted
through State agencies or any building on such land, after
receiving, prior to such entry, notice from the State or its representative
that such entry is forbidden, or remains upon such land or
in
such building after receiving notice from the State or its
representative to depart, and who thereby interferes with another person's
lawful
use or enjoyment of such building or land, commits a Class
A misdemeanor.
(b) A person has received notice from the State within
the meaning of sub-section (1) if he has been notified
personally, either orally or in writing, or if a printed or written
notice forbidding such entry to him or a group of which he is
a part, has been conspicuously posted or exhibited at the main
entrance
to such land or the forbidden part thereof.
(Source: P.A. 84-1041.)
(720 ILCS 5/21-6)
Sec. 21-6. Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated
in Section 33A-1 in any building or on land supported
in whole or in part with public funds or in any building on such
land without prior written permission from the chief security officer
for such land or building commits a Class A misdemeanor.
(b) The chief security officer must grant any reasonable
request for permission under paragraph (a).
(Source: P.A. 89-685, eff. 6-1-97.)
(720 ILCS 5/21-7)
Sec. 21-7. Criminal trespass to Restricted areas and
restricted
Landing areas at airports.
Whoever
enters upon, or remains in, any restricted area or restricted
landing area used in connection with an airport facility, or
part thereof, in this State, after such person has received notice
from the
airport authority that such entry is forbidden commits a Class
A misdemeanor. Notice that the area is "restricted" and
entry thereto "forbidden", for purposes
of this Section, means that the person or persons
have been notified personally, either orally or in writing, or
by a printed or written notice forbidding such entry to him or
a group or an organization of which he is a member, which has
been conspicuously posted or exhibited at every usable
entrance to such area or the forbidden part thereof.
The terms "Restricted area" or "Restricted landing
area" in
this Section are defined to incorporate the meaning
ascribed to those terms in Section 8 of the "Illinois Aeronautics
Act",
approved July 24, 1945, as amended, and also include
any other area of the airport that has
been designated such by the airport authority.
(Source: P.A. 81-564.)
(720 ILCS 5/21-8)
Sec. 21-8. Criminal trespass to a nuclear facility.
(a) A person commits the offense of criminal trespass
to a nuclear facility if he or she knowingly and
without lawful authority:
(1) enters or remains within a nuclear facility
or on the grounds of a nuclear facility, after
receiving notice before entry that entry to the nuclear facility
is forbidden;
or
(2) remains within the facility or on the grounds
of the facility after receiving notice from the
owner or manager of the facility or other person authorized by the
owner or manager of the
facility to give that notice to depart from the
facility or grounds of the facility.
(b) A person has received notice from the owner
or manager of the facility or other person authorized
by the owner or manager of the facility within the meaning of subsection
(a) if he or she has been notified personally, either orally or
in writing, or if a printed or written notice forbidding the entry
has been conspicuously posted or exhibited at the main entrance
to the facility or grounds of the facility or the forbidden part
of the facility.
(c) In this Section, "nuclear facility" has the meaning
ascribed to it in Section 3 of the Illinois Nuclear Safety
Preparedness Act.
(d) Sentence. Criminal trespass to a nuclear facility
is a Class 4 felony.
(Source: P.A. 92-575, eff. 1-1-03.)
Copied from:
http://www.legis.state.il.us/legislation/ilcs/ch720/ch720act5articles/ch720act5Sub36.htm
City of Chicago Municipal Code
Chapter 8-4
PUBLIC PEACE AND WELFARE
8-4-050 Trespassing.
A person commits trespass when he knowingly: (a) Enters the property,
or any part thereof, of another when, immediately prior to such
entry, he receives notice, either oral or written, from the owner
or occupant that such entry is forbidden; or (b) Remains upon
the property, or any part thereof, of another after receiving
notice, either oral or written, from the owner or occupant to
depart; or (c) Enters upon property open to the public, or any
part thereof, and remains thereon with a malicious and mischievous
intent after receiving notice, either oral or written, from the
owner or occupant to depart; (d) Willfully defaces, mars, injures
or destroys any building or part of any building or any property
of another with paint, tar, acid, grease, oil, or other such
substance which would detrimentally alter the outer face or substance
of such building or any property of another, or any fence, tree,
shrub or plant appurtenant thereto.
Any person convicted of trespass shall be fined not less than $100.00
nor more than $500.00. (Prior code 193-1.4)
8-4-250 Trespassing on property.
No person shall enter into or upon any lot, block, or tract of
ground in the city which is under cultivation, unless such person
be an owner, lessee, or person entitled so to enter, or the duly
authorized agent thereof, and any person found by the police
in and upon any such premises shall be treated as a trespasser
unless he can produce satisfactory evidence of ownership or right
to be in and upon any such premises.
Any person who shall violate the provisions of this section shall
be fined not less than $1.00 nor more than $100.00 for each offense.
(Prior code 193-18)
8-4-260 Trespassing
on elevated track.
Whenever any track of any railroad in the city has been or
may hereafter be elevated in accordance with the ordinances
of the
city, no person shall willfully trespass upon said elevated roadway
or tract, nor shall anyone aid, abet, or assist therein; provided,
however, that the employees of such railroad, acting in the discharge
of their duties, may enter or be upon, or walk along or cross
such elevated tracks or roadway at any place. (Prior code 193-19)
MORE...
LINKS
Breaking
and Entering & Trespassing
People
of the State of Michigan v. Jacques (1998)
Alaska Court
of Appeals rules that crawling under a fence constitutes the
crime of entering without breaking
Commonwealth
of Massachusetts v. Rosado (1998)
Superior Court of Massachusetts rules that the
lower court did not err in its instructions to the jury by not
including the good faith error instruction