{"id":373079,"date":"2017-12-22T16:01:03","date_gmt":"2017-12-22T21:01:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-criminal-trespass-laws.html"},"modified":"2018-01-17T18:02:43","modified_gmt":"2018-01-17T23:02:43","slug":"illinois-criminal-trespass-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-criminal-trespass-laws.html","title":{"rendered":"Illinois Criminal Trespass Laws"},"content":{"rendered":"\n
\n \n
\n

Illinois Criminal Trespass Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When you think of trespassing, you may not take it seriously. However, trespassing<\/a> isn’t merely an example of rude behavior; it’s an invasion of privacy and an interference of someone else’s property rights. Although it’s generally a minor offense, people who engage in trespassing may not only be liable for a civil lawsuit, but they may also be charged criminally depending on the situation. It can be an offense on its own and can also lead to other crimes such as theft<\/a> or vandalism.<\/a> In Illinois, three main incidents of criminal trespass are: criminal trespass to real property (land), criminal trespass to a residence, and criminal trespass to vehicles.<\/p>\n

Notice Requirements<\/h2>\n

When it comes to trespass to real property, one of the ways to commit a trespass is by entering property when you have received prior notice that entry is forbidden. A person is considered to have received notice from the owner if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry has been posted at the main entrance to the land or the forbidden part. "No trespassing" signs are an obvious indicator, but in Illinois purple paint also signifies notice. Owners may mark the property by placing identifying purple marks on trees or posts around the forbidden area.<\/p>\n

Illinois Criminal Trespass Laws at a Glance<\/h2>\n

The chart below provides a summary of laws related to Illinois’ criminal trespass laws, including links to important code sections.<\/p>\n\n

Statutes and Elements of the Crime<\/b><\/p>\n<\/td>\n

Criminal trespass to real property: 720 ILCS 5\/21-3<\/a>
\nCriminal trespass to a residence : 720 ILCS 5\/19-4<\/a>
\nCriminal trespass to vehicles: 720 ILCS 5\/21-2<\/a><\/p>\n

Criminal trespass to real property occurs when you:<\/b><\/p>\n

Penalties and Sentencing<\/b><\/p>\n<\/td>\n

    \n
  • Real Property<\/i>: In most instances, trespassing is a Class B Misdemeanor except it becomes a Class A Misdemeanor when the trespasser enters land used or capable of being used for growing crops or uses a motor vehicle if the marked area is an orchard.<\/li>\n
  • Residence<\/i>: In most instances, this is a Class A Misdemeanor, but if you knowingly enter or remain in a residence when you know or reasonably should know that people are present, it is a Class 4 Felony.<\/li>\n
  • Vehicle<\/i>: Criminal trespass to vehicles is a Class A Misdemeanor.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n

    \n
  • Lack of intent<\/li>\n
  • Consent: You were given permission by the owner to enter the property.<\/li>\n
  • Necessity<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Offense<\/b><\/p>\n<\/td>\n