CTTVV 720 ILCS 5/21-2 – Criminal Trespass to Vehicles in Illinois
Criminal trespass to vehicles (CTTV) is a big problem in Illinois. Section 720 ILCS 5/21-2 of the Illinois Compiled Statutes makes it illegal to tamper with or enter someone else’s vehicle without permission. As a lifelong Illinois resident, I’ve seen my fair share of smashed car windows and stolen radios back in the day. Let’s break down the law so you know your rights and can avoid unnecessary trouble.
The Basics of 720 ILCS 5/21-2
In a nutshell, 720 ILCS 5/21-2 states that you can’t mess around with someone else’s vehicle if you don’t have permission. That includes trying to get in, taking parts off of it, or damaging it. Seems pretty straightforward, right? Well in true legal fashion, the devil is in the details. There are a bunch of specifics about what counts as criminal trespass to a vehicle, what the penalties are, and potential defenses. Let’s get into it.
Unauthorized Entry of a Vehicle
First, it’s illegal to get into someone else’s vehicle without permission. We’re talking about opening the door, climbing through a window, popping the trunk – basically any way you could gain access. Even if you don’t take anything or break stuff, simply entering is criminal trespass. There are some exceptions, like if you need to get in to save someone’s life or prevent serious damage to the vehicle. But otherwise, look but don’t touch!
Tampering or Damaging a Vehicle
Second, you can’t tamper with or intentionally damage another person’s vehicle without permission. That means messing with parts under the hood, slashing tires, keying paint, smashing windows – anything that impairs how the vehicle functions or reduces its value. Again, there are exceptions for emergencies like getting someone out of a locked car on a hot day. But random vandalism or tampering for no good reason? That’s criminal trespass.
Potential Penalties
If you’re convicted of criminal trespass to a vehicle, the potential penalties include:
- Up to 1 year in jail
- Up to $2,500 in fines
- Probation
- Restitution to the vehicle owner
The penalties can be higher if the damage is more than $500, or if you have prior convictions. Pro tip: just don’t mess with other people’s cars!
Real World Examples
Let’s look at some real world examples so you can see how Illinois prosecutors apply this law:
The Curious Kid
Little Billy was walking home from school one day when he saw his neighbor’s new sports car in the driveway. He didn’t recognize this sweet ride, so he tried the door handle just to peek inside. The alarm went off, and the police came. Even though Billy didn’t take anything or break anything, he still got charged with criminal trespass to a vehicle. His parents had to hire a lawyer, and Billy learned a valuable lesson about looking but not touching.
The Messy Breakup
Jamal just went through a bad breakup with his girlfriend Michelle. One night he saw Michelle’s car parked downtown, so he decided to key it from front to back and slash all four tires. Big mistake, as he got arrested for criminal damage to her vehicle exceeding $500. Jamal had to pay a $1,000 fine plus the cost to repaint the car and replace the tires. He also got sentenced to 6 months of probation. The moral: don’t take out your breakup anger on someone’s car!
The Opportunistic Thief
Jane Doe came out of the grocery store and saw a purse sitting on the front seat of an unlocked car. She looked around, didn’t see anyone nearby, and took the purse. Unlucky for her, a security camera caught everything and she got charged with criminal trespass to a vehicle. Even though the car was unlocked, Jane still didn’t have permission to go inside and take the purse. She had to return it, pay a fine, and do community service.
Possible Defenses
If you do get charged with criminal trespass to a vehicle, there are some defenses that might get you off the hook:
Lack of Criminal Intent
If you can show you didn’t mean to break the law, that could help your case. Like if you got in someone’s unlocked car thinking it was your Uber. Or you scratched the paint while trying to brush snow off the windshield. No criminal intent, no crime.
Mistake of Fact
Honest and reasonable mistakes can also excuse criminal trespass. Like if your friend said you could borrow his car, but didn’t actually have permission from the owner. Or you thought the car was abandoned when it was actually just parked there temporarily.
Necessity
Actions that would normally be trespass are allowed if urgently necessary. Such as breaking a window to get access because a child or pet is trapped inside on a hot day. But the necessity defense doesn’t apply if you create the emergency situation in the first place.
Self-Defense
In limited cases, damaging a vehicle may be justified for self-defense. Like if someone tries to run you over, so you break the windshield with a baseball bat to stop them. The self-defense has to match the level of threat though.
How to Avoid Trouble
Hopefully this gives you a good idea of what not to do when it comes to other people’s vehicles. Here are some tips to avoid criminal trespass charges:
- Don’t touch cars that aren’t yours
- Don’t assume unlocked means you can go in
- Get explicit permission before borrowing a vehicle
- Leave note with contact info if you damage a car on accident
- If kids mess up, have them apologize and offer to make it right
And if you do get cited or arrested, be polite and cooperative with police but say you want to speak to a lawyer before answering questions. Criminal defense attorneys know how to challenge these charges when the circumstances warrant it.
I hope this overview gives you a better handle on criminal trespass to vehicles in Illinois. It’s not worth risking jail time and fines just to snoop around or take out your anger. So be cool, use common sense, and find positive ways to deal with your problems.
References
720 ILCS 5/21-2 – Official Statute Text
Casetext – 720 ILCS 5/21-2 Case Law