Criminal Trespass to Real Property in Illinois
Criminal trespass to real property is a serious offense in Illinois that can lead to fines, jail time, and a permanent criminal record. This article will explain what constitutes criminal trespass under Illinois law, potential defenses, and the implications of a conviction. I’ll also provide examples of real cases and link to relevant laws and articles to help folks understand this complex issue.
What is Criminal Trespass to Real Property in Illinois?
In Illinois, criminal trespass to real property is defined under 720 ILCS 5/21-3. This law states that a person commits criminal trespass when they:
- Knowingly and without lawful authority enter or remain within or on a building
- Remain upon the land of another, after receiving notice to depart
- Enter upon the land of another, after receiving notice that entry is forbidden
For the first point, “building” includes houses, apartments, stores, warehouses, schools, and any other structure designed for occupancy. The law applies to both private and public buildings.
For the second and third points, notice can be given in writing, orally, or by signs posted on the property. So if a property has a “No Trespassing” sign, entering is forbidden. Notice can also be given personally by the owner or occupant of a property.
Penalties for Criminal Trespass in Illinois
Criminal trespass is generally a Class B misdemeanor in Illinois. This can be punished by:
- Up to 6 months in jail
- Up to a $1,500 fine
However, criminal trespass is a Class A misdemeanor if the person enters or remains in a building used as a home, or in an outbuilding like a garage. This can be punished by:
- Up to 1 year in jail
- Up to a $2,500 fine
In addition to fines and jail time, a criminal trespass conviction remains on your record permanently. This can make it harder to find a job, rent an apartment, or qualify for student loans.
Defenses to Criminal Trespass Charges
There are several legal defenses that a skilled criminal defense lawyer may use to fight criminal trespass charges, such as:
- No notice given – If there were no “No Trespassing” signs posted and the person was not given direct notice to leave the property, they may not have “knowingly” trespassed.
- Public property – The trespass law does not apply to public property that is open to the public. This includes parks, government buildings, etc.
- Private necessity – In an emergency, a person is allowed to enter private property without permission, such as taking a shortcut to seek medical help.
- Mistake – If the person reasonably believed they had permission or the legal right to be on the property, they are not guilty of knowingly trespassing.
- Self-defense – A person may legally enter private property if it’s necessary to protect themselves from harm.
A skilled lawyer will carefully examine the details of each case to determine if any of these defenses apply.
Examples of Criminal Trespass Cases
Here are some real-life examples of criminal trespass charges in Illinois:
- A woman was charged with trespass for entering her ex-boyfriend’s home to retrieve her belongings, after he had changed the locks and told her not to enter without his permission.[1]
- A man was charged with trespass for cutting through a private parking lot as a shortcut while riding his bike at night. The parking lot had “private property” signs posted.[2]
- A group of teenagers were charged with trespass for building a makeshift skatepark on private commercial property that was vacant and not in use.
As you can see, criminal trespass can involve a wide variety of circumstances. An experienced criminal defense lawyer will carefully examine the details of each case to build the strongest defense.
What Are the Implications of a Criminal Trespass Conviction?
A criminal trespass conviction can carry lasting consequences beyond the court-ordered penalties. Some examples include:
- Difficulty finding a job, especially for positions that require background checks
- Trouble renting an apartment, as many landlords screen for criminal records
- Potential issues traveling abroad, as some countries may deny entry to persons with a criminal record
- Difficulty qualifying for student loans and other government programs
- Higher insurance rates
In addition, a second trespass offense is likely to be punished more harshly. Someone with multiple trespass convictions on their record could potentially face felony charges for repeat offenses.
Finding an Experienced Criminal Defense Lawyer
If you are facing criminal trespass charges, it’s essential to speak with an experienced criminal defense lawyer as soon as possible. A knowledgeable attorney will carefully examine the details of your case and advise you on the best legal strategies. They will also advocate on your behalf to achieve the best possible outcome.
When choosing a lawyer, look for someone with extensive experience handling trespass cases in your local area. Be sure to understand their fees and how they bill. Ask plenty of questions to understand how they plan to defend you. The right lawyer will take the time to address all of your concerns.
With an experienced lawyer on your side, it is possible to successfully fight criminal trespass charges and avoid a damaging conviction. Don’t leave the outcome to chance – let a skilled criminal defense attorney protect your rights.
References
[1] People v. Johnson, 2021 IL App (2d) 200021-U.
[2] People v. Smith, 2018 IL App (1st) 151402.