(A) (1) A person commits criminal trespass to real property when he or she:
(a) Knowingly and without lawful authority enters or remains within or on a building;
(b) Enters upon the land of another, after receiving prior to the entry notice from the owner or occupant that the entry is forbidden;
(c) Remains upon the land of another, after receiving notice from the owner or occupant to depart;
(d) Presents false documents or falsely represents his or her identity orally to the owner or occupant of the building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
(e) 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
(f) 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.
(2) For purposes of this division (A), this section 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 section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.
(B) A person has received notice from the owner or occupant within the meaning of division (A) if the person has been notified personally, either orally or in writing, including a valid court order as defined by ILCS Chapter 725, Act 5, § 112A-3(7) granting remedy (2) of ILCS Chapter 725, Act 5, § 112A-14(b), 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.
(C) This section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of the owner’s 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 the owner’s 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 that person is so living upon the land.
(D) (1) A person shall be exempt from prosecution under this section if the person beautifies unoccupied and abandoned residential and industrial properties located within any municipality.
(2) For the purpose of this division (D), UNOCCUPIED AND ABANDONED RESIDENTIAL AND INDUSTRIAL PROPERTY means any real estate:
(a) In which the taxes have not been paid for a period of at least two years; and
(b) Which has been left unoccupied and abandoned for a period of at least one year.
(3) For the purpose of this division (D), BEAUTIFIES means to landscape, to clean up litter, or to repair dilapidated conditions on, or to board up windows and doors.
(E) 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 (D) of this section.
(F) (1) A mortgagee or agent of the mortgagee shall be exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.
(2) No mortgagee or agent of the mortgagee shall be liable to the mortgagor or other owner of an abandoned residential property in any civil action for negligence or civil trespass in connection with entering, securing, or maintaining the abandoned residential property.
(3) For the purposes of this division (F) only, ABANDONED RESIDENTIAL PROPERTY means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in Section 15-1200.5 of Article XV of the Code of Civil Procedure.
(G) This section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this division (G), 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.
(H) Division (A)(1)(d) 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.
(I) A violation of divisions (A)(1)(a) through (A)(1)(d) is a Class B misdemeanor. A violation of division (A)(1)(f) is a Class A misdemeanor.
(J) (1) 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 (A)(1)(f) of this section. A person may also be liable to the owner for court costs and reasonable attorney’s fees.
(a) The measure of damages shall be:
1. The actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act;
2. Twice the actual damages if the owner has previously notified the person to cease trespassing; or
3. In any other case, the actual damages, but not less than $50.
(b) 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.
(2) For the purposes of this division (J) the following definitions apply:
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. Has the same meaning as provided under Section 1-217 of the Illinois Vehicle Code.
(ILCS Chapter 720, Act 5, § 21-3) Penalty, see § 130.999