Illinois Criminal Trespass to Real Property

The Law – 720 ILCS 5/21-3

A person commits Criminal Trespass to Real Property when he or she:

  1. Knowingly and without lawful authority enters or remains within a building
  2. Enters upon the land of another, after receiving, prior to entry, notice from the owner or occupant that the entry is forbidden
  3. Remains upon the land of another, after receiving notice from the owner or occupant to depart
  4. Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land
  5. Enters a field used or capable of being used for growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the 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

When it comes to the notice requirement and Criminal Trespass to Real Property in Illinois, the notice can be given orally or by writing. The written notice not only includes any documentation given specifically and directly to a certain individual, but also includes notices permanently affixed to any building or land observable by any member of the public.

Moreover, the law makes any person who violates this act civilly liable for damages, along with attorney’s fees and court costs, to the owner of the land when the person enters the land with a motor vehicle. The damages can either be: the actual damage to the property or twice the actual damages to the property if the owner had previously notified the person to stop the trespassing. This portion of the law is generally applicable in cases where individuals destroy a farmer’s crops while riding a motor vehicle on the farm.

 

Sentencing

If (1), (2), (3) or (4) above:

CLASS B MISDEMEANOR

- Up to 180 days in county jail

- Fine of up to $1,500

Supervision Possible? Yes.

Probation Possible? Yes.

If (5) above:

CLASS A MISDEMEANOR

- Up to 364 days in county jail

- Fine of up to $2,500

Supervision Possible? Yes.

Probation Possible? Yes.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005