Trespassing in Illinois means more than simply walking through private property without an invitation. In fact, a person can be charged with trespassing if they enter a residence, a vehicle, an airport, state supported land, and more. Oddly enough, this past month Chicagoan Adam Hollingsworth, known as the Dreadhead Cowboy, was charged with trespassing for riding his horse on the Dan Ryan Expressway during a protest. Anyone charged with trespassing of any kind should contact a criminal justice lawyer right away.
Types of trespassing
As stated, there are many different types of trespassing in the state of Illinois. Most are classified as Class A Misdemeanors. This means a person could face up to one year in jail and $2,500 in fines. Depending on the circumstances – and the legal team behind them – a person may receive probation or community service.
Criminal trespass to a residence (720-5/19-4) occurs when someone enters or stays inside the home of another without the owner’s permission. So, even if you’ve been invited inside at first, you can be charged with trespassing if you refuse to leave after the owner has asked you to.
Criminal trespass to a vehicle (720-5/21-2) is basically the same situation, except it applies to cars, snowmobiles, boats, and any other type of vehicle. Even if you don’t operate the vehicle, you can still be charged with trespassing.
Criminal trespass to an airport (720-5/21-7) involves entering into or refusing to leave a restricted area anywhere in an airport’s facility. If you’ve got a weapon on you, the charge is bumped up to aggravated criminal trespass.
Criminal trespass to State Supported Land (720-5/21-5) occurs when a person “enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land,” after being told explicitly not to enter the property. According to the Illinois Commerce Commission, this includes walking on train tracks or subway lines. In 2019, 29 people were killed while trespassing on train lines in Illinois, the fourth highest in the nation.
Class B Misdemeanor
The one trespassing charge classified as a Class B Misdemeanor is criminal trespass on real property (720-5/21-3). Real property primarily focuses on buildings and land. For instance, a farmer may have signs lining the farm perimeter that say, “No Trespassing,” or, “Private Land. Keep Off.” It can also apply to a vacant house owned by someone trying to sell it or private office buildings.
Class B Misdemeanors are punishable by up to 180 days in jail and fines up to $1,500.
If you or someone you know is facing trespassing charges, contact Richard at Fenbert & Associates today for a free consultation.