Illinois Criminal Trespass to State Supported Land

The Law – 720 ILCS 5/21-5

A person commits Criminal Trespass to State Supported Land when he or she knowingly:

  1. Enters upon land supported in whole or in part with state funds, after receiving, prior to the entry, notice from the state or its representative that the entry is forbidden or remains on the land or in the building after receiving notice to depart, and who thereby interferes with another person’s lawful use or enjoyment of the building
  2. Enters upon a right of way owned, leases or otherwise used by a public body or district organized under the Metropolitan Transit Authority Act, Local Mass Transit District Act, or the Regional Transportation Authority Act, after receiving, prior to the entry, notice from the public body, or its representative, that the entry is forbidden or remains upon the right of way after receiving notice to depart and intends to compromise public safety by causing a delay in transit service lasting more than 15 minutes or destroying the property
  3. Enters upon land supported in whole or in part with state funds by presenting false documents or falsely representing his or her identity orally to the state or its representative in order to obtain permission to enter the building, or remains upon the land or in the building by presenting false documents or falsely representing his or her identity to remain upon the land or in the building, and who thereby interferes with another person’s lawful use or enjoyment of the building or land.

Criminal Trespass to State Supported Land not only covers land or buildings that are, wholly or partially, supported with state funds, but also land or buildings supported by federal funds that are administered through state agencies.

In addition to the land/buildings discussed in Criminal Damage to Government Supported Property, Criminal Trespass to State Supported Land covers property associated with public transportation, including Pace and CTA buses and trains, Metra trains and their rails, so long as the individual intends to risk public safety by causing a delay lasting more than 15 minutes. Hypothetically, if the individual did not intend to cause such a delay, they would be found not guilty of the offense.

 

Sentencing

First Offense

CLASS A MISDEMEANOR

- Up to 364 days in county jail

- Fine of up to $2,500

Supervision Possible? Yes.

Probation Possible? Yes.

Second or Subsequent Offense

CLASS 4 FELONY

- 1 to 3 years in state prison

- Fine of up to $25,000

Supervision Possible? No.

Probation Possible? Yes.

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James A. Payonk, Jr.

~ Attorney at Law ~

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Orland Park, Illinois 60467

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