Property Damage & Trespass Offenses In Illinois
Property damage and trespass are serious offenses in Illinois that can result in misdemeanor or felony charges depending on the circumstances. This article provides an overview of the relevant laws and penalties for these crimes in Illinois.
Criminal Damage to Property
Under Illinois law, a person commits criminal damage to property when they:
- Knowingly damage any property of another
- Recklessly damage property of another by fire or explosive
- Knowingly start a fire on another person’s land
- Knowingly injure a domestic animal of another
- Knowingly deposit offensive smells or substances on another’s property
- Damage property to defraud an insurer
- Shoot a firearm at any part of a railroad train
- Damage fire hydrants, firefighting equipment, or open fire hydrants without authorization
The penalties depend on the value of the damaged property:
- Damaging property up to $500 is a Class A misdemeanor
- Damaging property between $500-$10,000 is a Class 4 felony
- Damaging property between $10,000-$100,000 is a Class 2 felony
- Damaging property over $100,000 is a Class 1 felony
Higher penalties apply if the damaged property was a school, place of worship, or farm equipment. Courts can also order restitution for the property damage.It is an affirmative defense if the property owner consented to the damage. Defendants may also argue they lacked the requisite intent if the damage was an accident.
Institutional Vandalism
Institutional vandalism occurs when a person knowingly damages:
- Any church, synagogue, mosque, or other building used for religious worship
- Any cemetery, mortuary, or other facility used for burial or memorializing the dead
- Any school, educational facility, or community center
- Any medical facility
- Any public land or building held for public use or owned by a government entity
- Any national guard armory
- Any forest preserve district facility, park, or land
- Any energy facility, telephone exchange, or other utility property
Penalties for institutional vandalism:
- Damage up to $300 is a Class 3 felony
- Damage over $300 is a Class 2 felony
Victims can recover damages, including for emotional distress, in a civil lawsuit.
Criminal Trespass to Vehicles
In Illinois, a person commits criminal trespass to vehicles by knowingly and without authority:
- Entering any part of a vehicle
- Operating any vehicle, aircraft, watercraft, or snowmobile
This is a Class A misdemeanor. Defendants often claim they had permission or did not realize the vehicle belonged to someone else.
Criminal Trespass to Real Property
A person commits criminal trespass to real property by:
- Entering or remaining in any building without authority
- Entering land after being notified entry is forbidden
- Remaining on land after being told to leave
- Presenting false documents or misrepresenting to enter property
Penalties depend on the nature of the trespass:
- Simple trespass is a Class B misdemeanor
- Trespass to residence is a Class A misdemeanor
- Trespass causing injury is a Class A misdemeanor
- Trespass to farmland is a petty offense
Property owners can post “No Trespassing” signs or personally notify trespassers to leave. Permission from the owner or occupant is a defense.
Criminal Trespass to State-Supported Land
It is illegal to trespass on any land supported by state or federal funds. This includes public schools, parks, forests, beaches, military bases, and more.
Penalties:
- First offense is a Class A misdemeanor
- Second offense is a Class 4 felony
The state must post notice or personally notify trespassers the entry is prohibited. Property owners can also bring civil trespass lawsuits.
Defenses
Common defenses to property crimes include:
- Lack of intent – the damage or trespass was an accident
- Consent – the property owner gave permission
- Public property – the area was open to the public
- Mistake – the defendant was unaware the property belonged to someone else
- Necessity – the conduct was necessary to prevent greater harm
In sum, Illinois laws impose serious penalties for property damage and trespass offenses. Defendants should consult with an experienced criminal defense attorney to explore possible defenses.