Legal Question in Criminal Law in Illinois

Re: What is criminal trespassing?

Criminal Trespass to a residence is a violation of 720 ILCS 5/19-4.

a) (1) A person commits the offense of criminal trespass to a residence when, without authority, he knowingly enters or remains within

any residence, including a house trailer.

(2) A person commits the offense of criminal trespass to a residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason to know that one or more persons is present.

(3) For purposes of this Section, in the case of a multi-unit residential building or complex, "residence" shall only include the

portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational

areas or lobbies.

(b) Sentence.

(1) Criminal trespass to a residence under paragraph (1) of subsection (a) is a Class A misdemeanor.

(2) Criminal trespass to a residence under paragraph (2) of subsection (a) is a Class 4 felony.