(720 ILCS 5/21‑1)
(from Ch. 38, par. 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
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(b) recklessly by means of fire or explosive damages
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(c) knowingly starts a fire on the land of another
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(d) knowingly injures a domestic animal of another
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(e) knowingly deposits on the land or in the building
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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
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(f) damages any property, other than as described in
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subsection (b) of Section 20‑1, with intent to defraud an insurer; or
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(g) knowingly shoots a firearm at any portion of a
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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 or to farm equipment or immovable items of agricultural
production, including
but not
limited to grain elevators, grain bins, and barns. 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 or to farm equipment or immovable items of agricultural
production,
including
but not
limited to grain elevators, grain bins, and barns. 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 damage occurs to property of a school
or
place of worship or to farm equipment or immovable items
of agricultural production, including
but not
limited to grain elevators, grain bins, and barns.
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 or to farm equipment or immovable items
of agricultural production, including
but not
limited to grain elevators, grain bins, and barns.
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.
For the purposes of this subsection (2), "farm equipment" means machinery
or
other equipment used in farming.
(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. 94‑509, eff. 8‑9‑05.)
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(720 ILCS 5/21‑1.2) (from Ch. 38, par. 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, |
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structure or place used for religious worship or other religious purpose;
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(2) A cemetery, mortuary, or other facility used for
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the purpose of burial or memorializing the dead;
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(3) A school, educational facility or community
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(4) The grounds adjacent to, and owned or rented by,
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any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a); or
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(5) Any personal property contained in any
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institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a).
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(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.)
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(720 ILCS 5/21‑3)
(from Ch. 38, par. 21‑3)
(Text of Section from P.A. 94‑263)
Sec. 21‑3.
Criminal trespass to real property.
(a) Whoever:
(1) knowingly and without lawful authority enters or
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remains within or on a building; or
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(2) enters upon the land of another, after
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receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or
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(3) remains upon the land of another, after
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receiving notice from the owner or occupant to depart; or
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(3.5) presents false documents or falsely represents
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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; or
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(4) enters upon one of the following areas in or on
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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:
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(A) any field that is used for growing crops or
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which is capable of being used for growing crops; or
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(B) an enclosed area containing livestock; or
(C) or an orchard; or
(D) a barn or other agricultural building
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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.
(g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
(Source: P.A. 94‑263, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑509)
Sec. 21‑3. Criminal trespass to real property.
(a) Except as provided in subsection (a‑5), whoever:
(1) knowingly and without lawful authority enters or
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remains within or on a building; or
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(2) enters upon the land of another, after receiving,
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prior to such entry, notice from the owner or occupant that such entry is forbidden; or
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(3) remains upon the land of another, after receiving
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notice from the owner or occupant to depart;
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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.
(a‑5) Except as otherwise provided in this subsection, whoever enters upon
any 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 commits a
Class A
misdemeanor:
(1) A field that is used for growing crops or that is
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capable of being used for growing crops.
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(2) An enclosed area containing livestock.
(3) An orchard.
(4) A barn or other agricultural building containing
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(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. 94‑509, eff. 8‑9‑05.)
(Text of Section from P.A. 94‑512)
Sec. 21‑3. Criminal trespass to real property.
(a) Whoever:
(1) knowingly and without lawful authority enters or
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remains within or on a building; or
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(2) enters upon the land of another, after
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receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or
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(3) remains upon the land of another, after
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receiving notice from the owner or occupant to depart; or
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(4) enters upon one of the following areas in or on
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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:
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(A) any field that is used for growing crops or
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which is capable of being used for growing crops; or
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(B) an enclosed area containing livestock; or
(C) or an orchard; or
(D) a barn or other agricultural building
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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.
(g) A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (g):
"Land" includes, but is not limited to, land used for
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crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.
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"Owner" means the person who has the right to
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possession of the land, including the owner, operator or tenant.
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"Vehicle" has the same meaning as provided under
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Section 1‑217 of the Illinois Vehicle Code.
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(Source: P.A. 94‑512, eff. 1‑1‑06.)
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(720 ILCS 5/21‑4) (from Ch. 38, par. 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 Class 2 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 |
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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
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(b) Knowingly, by means of fire or explosive damages
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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
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(c) Knowingly starts a fire on property supported in
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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
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(d) Knowingly deposits on land or in a building
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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.
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(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.)
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