Attorney Eric D. Puryear

Criminal Trespass to Real Property Charges in Illinois

Puryear Law » Legal Blog » Illinois Criminal Law » Criminal Trespass to Real Property Charges in Illinois

The crime of Criminal Trespass to Real Property in Illinois is defined by 720 ILCS 5/21-3 as follows:


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A person commits criminal trespass to real property when he or she:

(1) knowingly and without lawful authority enters or remains within or on a building;

(2) enters upon the land of another, after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden;


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(3) remains upon the land of another, after receiving notice from the owner or occupant to depart;

(3.5) presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;

(3.7) intentionally removes a notice posted on residential real estate as required by subsection (l) of Section 15-1505.8 of Article XV of the Code of Civil Procedure before the date and time set forth in the notice; or


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(4) enters a field used or capable of being used for growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.

In the state of Illinois, Criminal Trespass to Real Property is either a Class B misdemeanor or a Class A misdemeanor, depending upon the specific facts in the case.  The Class B misdemeanor version of Criminal Trespass to Real Property in Illinois is punishable by up to 6 months in the county jail, while the Class A misdemeanor version can carry a sentence of up to 1 year in the county jail. Illinois law also provides for civil liability for those convicted of Criminal Trespass to Real Property.

A person who is facing a Criminal Trespass to Real Property charge in Illinois should exercise their right to remain silent, and seek an attorney at once.


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