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(A) (1) Except as provided in division (A)(3) below, whoever commits any of the following commits a Class B misdemeanor:
(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 such entry notice from the owner or occupant that such entry is forbidden;
(c) Remains upon the land of another, after receiving notice from the owner or occupant to depart; or
(d) Presents false documents or falsely represent his or her identity orally to the owner of 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.
(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.
(3) Except as otherwise provided in this division (A), 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:
(a) A field that is used for growing crops or that is capable of being used for growing crops;
(b) An enclosed area containing livestock;
(c) An orchard; or
(d) A barn or other agricultural building containing livestock.
(B) A person has received notice from the owner or occupant within the meaning of division (A) above if the person has been notified personally, either orally or in writing, including a valid court order as defined by ILCS Ch. 725, Act 5, § 112A-3(7) granting remedy (2) of ILCS Ch. 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 such 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, 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) above.
(F) 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 (F), 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.
(G) Division (A)(1)(d) 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.
(H) (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)(3) above. 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 ILCS Ch. 525, Act 30, §§ 3.11 and 3.14;
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 purpose of this division (H), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 ILCS Ch. 625, Act 5, § 1-217.
(ILCS Ch. 720, Act 5, § 21-3) (1999 Code, § 131.02) Penalty, see § 130.99