An Overview of 720 ILCS 5/21-5 – Criminal Trespass to State Supported Land
720 ILCS 5/21-5, also known as criminal trespass to state supported land, is an Illinois statute that makes it illegal to trespass on certain types of government-owned property in the state. This article will provide an overview of the law, key definitions, penalties, and defenses. We’ll also look at some case examples and discuss the implications of this statute.
What Does the Law Say?
720 ILCS 5/21-5(a) states that a person commits criminal trespass to state supported land when they enter upon a right-of-way, facility, or improvement owned by the state without lawful authority. This includes things like highways, toll roads, rest areas, weigh stations, and maintenance facilities. Subsection (a-5) specifies that the law applies to rights-of-way, facilities, and improvements supported in whole or in part by state funds or federal funds granted through the state.
To be guilty under this statute, the trespass must be done “knowingly and without lawful authority.” This means the person must be aware they are on state supported land and have no legal right to be there. Simply wandering onto state property by accident would not qualify. There must be intent.
The law also prohibits trespassing in a way that “interferes with another person’s lawful use or enjoyment” of the state supported land. So even if someone has a right to be present on the property, they can still commit criminal trespass by interfering with others.
Subsection (b) exempts police officers and other government officials who enter state supported land while performing their official duties. So police can trespass when necessary to do their jobs, but regular citizens cannot.
Penalties
Under 720 ILCS 5/21-5(c), criminal trespass to state supported land is a Class A misdemeanor. This is punishable by up to 1 year in jail and/or a fine of up to $2,500 [1].
If the violation results in injury to another person or damage to property exceeding $300, it becomes a Class 4 felony. This is punishable by 1-3 years in prison and/or a fine up to $25,000 [2].
Courts can also order restitution to compensate victims for any losses.
What Qualifies as State Supported Land?
“State supported land” covers a broad range of government-owned property, as defined in 720 ILCS 5/21-5(d):
- Land purchased, leased, rented, or otherwise acquired using state funds.
- Land purchased, leased, rented, or acquired using federal funds granted through state agencies.
- Any building located on the above land.
- Highways, roads, streets, bridges, toll roads, interchanges, rest areas, wayside areas, and weigh stations.
Based on this definition, criminal trespass charges can arise from unauthorized entry onto land owned by the Illinois Department of Transportation, state parks, Secretary of State facilities, state police facilities, state office buildings, state universities, and more. Any property even partially funded by the state or federal money granted through the state may qualify.
Defenses
There are several legal defenses that can potentially beat a criminal trespass charge:
- No intent – If the trespass was a mistake or accident, and there was no intent to enter unlawfully, this could negate the “knowingly” requirement.
- Right to be present – Defendants who can show they had a lawful right to be on the property, such as an easement or invitation from the owner, may avoid liability.
- Necessity – In limited cases, a trespass may be justified by necessity, such as briefly cutting through state land to seek emergency medical care.
- Lack of notice – If there was no signage or other notice indicating state ownership, the defendant may argue they did not know the land was government supported.
- Mistake of fact – A defendant may claim they reasonably believed they had permission or authority to be on the property.
Raising a successful defense often requires solid evidence and legal arguments, so consulting an experienced criminal defense attorney is advisable.
Case Examples
Here are some real-world examples of criminal trespass charges under 720 ILCS 5/21-5:
- A group of protesters chained themselves to equipment at a highway construction site, shutting down work at the site. They were arrested and charged with criminal trespass to state supported land[3].
- A man was charged after he was found sleeping in his car, which was parked overnight at a highway rest area. He claimed he did not see any signs prohibiting overnight parking[4].
- A woman was arrested after she bypassed a toll booth without paying on the Illinois Tollway. She was charged with theft of services and criminal trespass[5].
- A group of teenagers were caught swimming after hours in a state park lake. They were charged with criminal trespass for entering the park when it was closed.
Implications
There are a few important implications and consequences of 720 ILCS 5/21-5:
- It protects state property and facilities from misuse and disruption.
- It deters protests and civil disobedience actions that interfere with state land.
- It provides law enforcement with broad authority to arrest anyone unlawfully on state property.
- It can result in criminal records and jail time for benign acts like overnight parking.
- It raises concerns about overreach, such as trespass charges for innocuous activities.
- The broad definition of “state supported land” allows charges even for minor property partially funded by the state.
Overall, 720 ILCS 5/21-5 grants the state extensive power to control access to and use of government-owned property. Critics argue it excessively punishes trivial offenses. But supporters say it’s a reasonable measure to protect taxpayer-funded assets.
Conclusion
Criminal trespass to state supported land under 720 ILCS 5/21-5 makes it illegal to knowingly and unlawfully enter or remain on a wide array of state-owned property, including highways, parks, rest stops, and government facilities. Violators face up to a year in jail. But several defenses may defeat the charges when properly raised. This statute remains controversial, as some view it as an overreach of government authority.
Sources:
[1] http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-55[2] http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-45
[3] https://www.chicagotribune.com/news/breaking/ct-illinois-state-police-protesters-arrested-work-stopped-i294-20200709-dmknh5xazjbs3nulr24v2z5u7q-story.html
[4] https://www.wandtv.com/news/man-arrested-for-trespassing-after-parking-overnight-at-rest-area/article_0cec6c34-b9b7-11ea-a114-4b1addaa723c.html
[5] https://www.dailyherald.com/news/20220406/woman-charged-with-driving-on-tollway-without-paying-fees
https://www.thetelegraph.com/news/article/Trespassing-charges-pending-for-swimmers-in-7370471.php