Illinois Criminal Damage to Government Supported Property

The Law – 720 ILCS 5/21-1.01

A person commits Criminal Damage to Property to Government Supported Property when he or she knowingly:

  1. Damages any government supported property without consent of the State
  2. By means of fire or explosives, damages government supported property
  3. Starts a fire on government supported property without the consent of the State
  4. Deposits on government supported land or in a government supported building, 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.

Government supported property means any property supported either in whole, or even in part, with state funds. This includes any governmental office, counting courthouses and Secretary of State offices. Public schools in the State of Illinois would also be included in the statute and what could start out as a minor senior prank by a student result in felony charges, as outlined below. Even if the student only intended to damage a small item (e.g., a desk), if the damage somehow becomes more severe, the student would be charged based on the total value of the damaged property.

Sentencing

AMOUNT OF DAMAGE SENTENCE JAIL TERM MAXIMUM FINE PROBATION? SUPERVISION?

Less than $500

Class 4 Felony

1 to 3 years in state prison

Up to $25,000

Yes

No

More than $500, but less than $10,000

Class 3 Felony

2 to 5 years in state prison

Up to $25,000

Yes

No

More than $10,000, but less than $100,000

Class 2 Felony

3 to 7 years in state prison

Up to $25,000 or equal to the value of the damaged property

Yes

No

More than $100,000

Class 1 Felony

4 to 15 years in state prison

Up to $25,000 or equal to the value of the damaged property

Yes

No

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005