What Makes Me a Trespasser?

 Posted on April 24, 2018 in Criminal Defense

In Illinois,trespassingcan occur in several waysand include trespass to vehicles, trespass to real property, and trespass through the use of electronic tracking devices. Generally, trespassing is a misdemeanor crime. However, some properties hold a felony charge. One such example is trespassing on government buildings. Trespassing on government buildings will likely result in a felony trespassing charge. The intention behind the trespassing is also considered when assessing the severity of the crime and the appropriate punishments to follow.

Types of trespassing crimes in Illinois include the following:

• Criminal Trespass to Vehicles: Criminal trespass to vehicles is defined as a person entering any part of, or operating, any vehicle, aircraft, watercraft, or snowmobile. The individual must knowingly enter the vehicle and must not have any authority to do so.
• Criminal Trespass to Real Property: Criminal trespass to real property occurs when a person: (1) enters a building knowingly and without authority; (2) enters land of another without permission; and (3) continues to stay on another’s property after having been told to leave.
• Trespassing Through an Electronic Device: Trespassing using an electronic device is using an electronic tracking device to “determine the location or movement of a person.” There are exceptions to this rule. It is not illegal to place an electronic tracking device if the owner of the vehicle has givenhis or her consent, or the vehicle comes with a built in tracking device. Further, companies tracking employees company-wide are exempt, as well as government vehicles.
• Criminal Trespass to State Land: Criminal trespass to state land is entering and remaining on property after being told to leave or that it was prohibited, or trespassing on land that is funded by the state of Illinois.
• Criminal Trespass to Safe School Zone: Criminal trespass to a safe school zone is continuing to enter school property after you have been told you are not allowed to be on the school grounds.

Defenses to Trespass

Much like every facet of the law, there are exceptions to trespassing, as well as various defenses.

• If land is open to the public, generally criminal trespass to land will not occur. Further, there may be a defense to criminal trespass of land if you reasonably believe that the land is open to the public;
• If a building has been unoccupied or abandoned for at least one year, a person who enters the land to beautify itis not trespassing. In addition to being abandoned for one year, the taxes must not have been paid for two years; and
• A person can enter land for emergency purposes. There must be a danger or imminent danger or destruction for the entrance to be excused from criminal trespass to land.

We Can Help You Today

If you have been charged with any type of criminal trespass, The Law Offices of Christopher M. Cosley can help. Talented Rolling Meadows criminal defense attorney Christopher Cosley has the knowledge and passion to defend your case to a favorable outcome.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+21&ActID=1876&ChapterID=53&SeqStart=64500000&SeqEnd=66800000