Trespassing essentially means being somewhere you are not supposed to be. Legally, trespassing means physically being on another person's property without their permission.
In Illinois, there are numerous types of criminal trespass, such as trespass to a residence, real property, vehicle, safe school zone, place of public amusement, and state supported land. Criminal Trespassing is generally prosecuted as a misdemeanor, but the misdemeanor class can vary depending on where the trespass occurred. Criminal trespass may also be charged as a felony in some cases.
Criminal Trespass to a residence, (720 ILCS 5/19-4), is a Class A misdemeanor, but may be charged as a felony if (a) the trespasser knew or had reason to know that there was someone in the residence or (b) the trespasser stayed in the residence after knowing someone was in the residence.
Criminal Trespass to real property, (720 ILCS 5/21-3), can occur in numerous ways such as entering a building without permission, entering or staying on the property of another after having notice to leave, or falsely representing yourself in order to gain access to the property.
Criminal Trespass to a vehicle, (720 ILCS 5/21-2), occurs when someone knowingly enters someone else's vehicle without authority or permission.
Criminal Trespass to state supported land, (720 ILCS 5/21-5), occurs when a person enters state or federal funded land after receiving notice not to enter or receiving notice to leave.
Criminal Trespass to a safe school zone occurs when a student or school employee enters or remains in the safe school zone after being denied access, due to suspension or expulsion.
Lastly, if a person enters or remains on a place of public amusement after receiving notice that the public is prohibited from accessing the area, then they may be charged with a Class 4 felony for Criminal Trespass to a place of public amusement.
Regardless of type, Criminal Trespassing can have serious consequences. Having an experienced attorney is crucial. Attorney John Callahan has experience in handling Criminal Trespass cases and can assist you in minimizing the impact of a Criminal Trespassing charge.