(A) Criminal defacement of property.
(1) A person commits criminal defacement of property when the person knowingly damages the property of another by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device. It is an affirmative defense to a violation of this division (A) that the owner of the property damaged consented to the damage.
(2) Criminal defacement of property is a Class A misdemeanor for a first offense if the aggregate value of the damage to the property does not exceed $300. In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal defacement of property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage to property that was caused by the offense, or similar damage to property located in the municipality or county in which the offense occurred. If the property damaged is a school building, the community service may include cleanup, removal, or painting over the defacement. In addition, whenever any person is placed on supervision for an alleged offense under this division (A), the supervision shall be conditioned upon the performance of the community service. For the purposes of this division (A)(2), aggregate value shall be determined by adding the value of the damage to one or more properties if the offenses were committed as part of a single course of conduct.
(ILCS Ch. 720, Act 5, § 21-1.3)
(B) Criminal trespass to real property.
(1) (a) Except as provided in division (B)(1)(c) of this section, whoever does any of the following commits a Class B misdemeanor:
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 such entry, notice from the owner or occupant that such entry is forbidden;
3. Remains upon the land of another, after receiving notice from the owner or occupant to depart; or
4. 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.
(b) For purposes of division (B)(1)(a)1. of this section, this division (B) shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this division (B) apply to a person who enters a public building under the reasonable belief that the building is still open to the public.
(c) Except as otherwise provided in this division (B)(1), whoever enters upon any of the following areas in or on a motor vehicle (including an off-road vehicle, motorcycle, moped or any other powered two-wheel vehicle) after receiving, prior to that 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 commits a Class A misdemeanor:
1. A field that is used for growing crops or that is capable of being used for growing crops;
2. An enclosed area containing livestock;
3. An orchard; or
4. A barn or other agricultural building containing livestock.
(2) (a) A person has received notice from the owner or occupant within the meaning of division (B)(1) above if he or she has been notified personally, either orally or in writing, including a valid court order as defined by division (7) of § 112A-3 of the Code of Criminal Procedure of 1963, being ILCS Ch. 725, Act 5, § 112A-3, granting remedy (2) of division (b) of ILCS Ch. 725, Act 5, § 112A-14, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.
(b) Subject to the provisions of division (B)(2)(c) of this section, as an alternative to the posting of real property as set forth in division (B)(2)(a) of this section, the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
1. A vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or
2. A post capped or otherwise marked on at least its top two inches. The bottom of the cap or mark shall be not less than three feet but not more than five feet six inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
3. Nothing in this division (B)(2)(b) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument.
(c) Any owner or lessee who marks his or her real property using the method described in division (B)(2)(b) of this section must also provide notice as described in division (B)(2)(a) of this section. The public of this state shall be informed of the provisions of division (B)(2)(b) of this section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These departments shall conduct an information campaign for the general public concerning the interpretation and implementation of division (B)(2)(b) of this section. The information shall inform the public about the marking requirements and the applicability of division (B)(2)(b) of this section including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The departments shall also include information regarding the requirement that, until the date this division becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in division (B)(2)(a) of this section. The departments may prepare a brochure or may disseminate the information through agency websites.
Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of division (B)(2)(b) of this section based on materials provided by the departments. This division (c) is inoperative on and after January 1, 2013.
(3) This division (B) does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his or her agent having apparent authority to hire workers on the land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on the land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his or her agent, nor to anyone invited by the migrant worker or other person so living on the land to visit him or her at the place he or she is so living upon the land.
(4) A person shall be exempt from prosecution under this division (B) if he or she beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this division,
UNOCCUPIED AND ABANDONED RESIDENTIAL AND INDUSTRIAL PROPERTY means any real estate (1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left unoccupied and abandoned for a period of at least one year; and BEAUTIFIES means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.
(5) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to division (4) of this division (B).
(6) This division (B) does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this division (B)(6),
EMERGENCY means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.
(7) Division (B)(1)(a)4. above does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
(8) A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under division (B)(1)(c) above. A person may also be liable to the owner for court costs and reasonable attorney’s fees.
(a) 1. The measure of damages shall be:
a. The actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in §§ 3.11 and 3.14 of the Illinois Natural Areas Preservation Act, being ILCS Ch. 525, Act 30;
b. Twice the actual damages if the owner has previously notified the person to cease trespassing; or
c. In any other case, the actual damages, but not less than $50.
2. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable.
(b) For the purposes of this division (B)(8):
LAND. Includes but is not limited to land used for crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. LAND does not include driveways or private roadways upon which the owner allows the public to drive.
OWNER. The person who has the right to possession of the land, including the owner, operator or tenant.
VEHICLE. The same meaning as provided under ILCS Ch. 625, Act 5, § 1-217.
(ILCS Ch. 720, Act 5, § 21-3)
Statutory reference:
Criminal defacement of property, felony offenses, see ILCS Ch. 720, Act 5, § 21-1.3
Institutional vandalism, a felony offense, see ILCS Ch. 720, Act 5, § 21-1.2