CTTResidence 720 ILCS 5/19-4 – What You Need to Know
CTTResidence 720 ILCS 5/19-4 is an Illinois statute that deals with criminal trespass to a residence. This law makes it illegal to enter or remain in someone else’s residence without authority. Let’s break down what you need to know about this law.
What does the law say?
Here’s what CTTResidence 720 ILCS 5/19-4 actually says:
(a) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.
(b) For purposes of this Section, in the case of a multi-unit residential building or complex, “residence” shall only include the portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational areas or lobbies.
(c) Criminal trespass to a residence is a Class 4 felony.
So in plain English, it’s against the law to go into someone else’s home, apartment, or other dwelling without permission. Even if other people like visitors can enter parts of an apartment building, someone’s individual unit is considered their “residence.”
What does “without authority” mean?
The key phrase in this law is “without authority.” That means you can’t just walk into someone else’s home whenever you feel like it. You have to have permission or some other lawful reason to be there.
For example, it would be illegal to:
Go into your neighbor’s house when they aren’t home, even if the door is unlocked
Sneak into your ex’s apartment to take back gifts you gave them
Enter a foreclosed home “just to look around”
But it wouldn’t necessarily be trespassing if:
You’re entering because of an emergency
You have the owner’s consent to be there
You’re a repairman or delivery person there for a legitimate purpose
Consent can be implied in some cases too. Like if you regularly go over to a friend’s place to hang out, you can assume you’re allowed there unless they revoke permission.
What are the penalties?
Criminal trespass to a residence is a Class 4 felony under Illinois law. That’s pretty serious – felonies can come with fines up to $25,000 and 1 to 3 years in prison.
In practice, a lot depends on the specific circumstances of the case. A first-time offense for something like a drunken misunderstanding would likely get a lighter sentence. But penalties go up if there are aggravating factors like:
- The trespasser intended to commit another crime
- The residence was occupied at the time
- The trespasser had a weapon
- The trespasser entered forcibly or broke in
- The trespasser has prior convictions
When determining a sentence, courts also consider things like the harm done to victims and whether the offender seems likely to commit more crimes.
What are some defenses?
There are a few main ways a skilled defense attorney might get a criminal trespass charge dismissed or reduced:
- Consent – Argue the defendant had permission to enter the residence or reasonably believed they did.
- Misidentification – Challenge whether the defendant actually entered the residence in question.
- Necessity – Argue the defendant had a lawful purpose, like responding to an emergency.
- Mistake of fact – Argue the defendant didn’t realize it was someone’s residence.
Self-defense or defense of others could also potentially apply if, for example, someone enters a residence to stop violence.
It’s also possible prosecutors may offer a plea deal resulting in a lesser charge like criminal trespass to real property. A good lawyer will negotiate aggressively to get charges dropped or reduced, especially for first-time offenders.
When does this law apply?
Remember, CTTResidence 720 ILCS 5/19-4 only applies to trespassing in someone’s actual residence, not other private property. Different laws cover criminal trespass to land, businesses, and vehicles.
Also, this statute only applies within Illinois. Other states have their own similar laws regarding trespass to dwellings. And federal laws may come into play on properties like military bases.
What if I’m facing criminal trespass charges?
If you’re accused of illegally entering someone’s home, take the charges very seriously. Hire an experienced criminal defense lawyer right away to protect your rights. An attorney can often get charges reduced or dismissed, particularly for first-time offenders.
Don’t try to represent yourself and negotiate with prosecutors. That’s a good way to end up with a criminal record if you admit to something the state can’t actually prove. A lawyer knows how to identify weaknesses in the prosecution’s case and defend you at trial if necessary.
The penalties for criminal trespass to a residence can be severe. But an aggressive defense can often avoid or minimize consequences. So don’t panic – get proactive and speak to a criminal defense attorney as soon as possible.
Key Takeaways
- CTTResidence 720 ILCS 5/19-4 makes it illegal to enter someone’s home or dwelling without authority.
- Penalties can include hefty fines and years in prison, but depend on specifics of the case.
- Possible defenses include consent, misidentification, necessity, or mistake of fact.
- An experienced criminal defense lawyer can often get charges reduced or dismissed.
- Don’t try to negotiate with prosecutors yourself – hire a lawyer immediately.
I hope this overview has helped explain this Illinois criminal law and what to do if you’re facing charges. Let me know if you have any other questions!
References
720 ILCS 5/19-4 | Illinois General Assembly
Illinois Theft Crimes & Penalties | CriminalDefenseLawyer.com
A Guide to Understanding Criminal Trespass Laws in Illinois – Avvo