“No Trespassing” signs are everywhere. The frequency with which people see them may mean people don’t take them as seriously as they should. Still, trespassing is a serious crime.

In fact, in Illinois, there are some scenarios where trespassing can result in felony charges. Here’s what you need to know.

What Is Trespassing in Illinois?

In Illinois, there are two types of trespassing: criminal and civil. In a situation involving civil trespass, a person may refuse to leave a place they are not legally allowed to be. A great example is staying in an apartment after failing to pay rent.

Criminal trespass, on the other hand, is more serious. It involves situations such as:

• Entering a property where there are “no trespassing” signs clearly posted
• Being on or using a boat, plane, vehicle, or snowmobile without the owner’s permission
• Entering a building without permission
• Using false documents to gain permission from an owner to remain in or enter a building
• Refusing to leave someone’s property after being asked by the owner to leave

Charges for Illinois Trespassers

In most cases, criminal trespass is prosecuted as a Class A or Class B misdemeanor. It may be charged as a Class 3 or Class 4 felony in some situations, though. See a rundown of the most common charges and their associated penalties below.

Vehicle Trespass

If you trespass on a person’s vehicle, then you can be charged with a Class A misdemeanor. This is punishable by up to 12 months in jail and potential fines reaching $2,500.

Residence Trespass

Trespassing into someone’s residence is normally a Class A misdemeanor, punishable by up to 12 months in jail and fines to $2,500.

However, if a person knowingly trespasses into a residence where they know people are present, then it can be charged as a Class 4 felony. Class 4 felony convictions can result in up to three years in prison and fines of $25,000.

Real Property Trespass

In most cases, real property trespass crimes are charged as a Class B misdemeanor. This can be punished by up to six months in jail and a potential fine of $1,500.

It can be charged as a Class A misdemeanor when you trespass on lands that are used for growing crops or drive a vehicle onto lands that grow crops. Class A misdemeanors are punishable by up to 12 months in jail and fines to $2,500.

State-Owned or Restricted Property Trespass

It should be noted that if you trespass on state-owned land, public places such a sports arenas, or nuclear facilities, then you can be charged with a Class 4 felony as well. That can result in up to three-year imprisonment and fines of $25,000.

Also, trespassing onto restricted areas at airports can result in Class 3 felony charges, punishable by up to five years imprisonment and a fine of $25,000.

Defenses to Illinois Criminal Trespass

In order to be found guilty in court for criminal trespass, prosecutors must be able to prove that the person being charged with the crime knew that they were not allowed to enter the property they are being accused of trespassing on.

It is accepted that written notices, court orders, or oral warnings are enough to be a valid notice that the property should not be entered. If this cannot be proven, then the case likely will not proceed.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Taxi drivers in Key West, Florida were more straightforward. They want a vomit fine because drunk people get sick in their cabs-often. A tentative ordinance by the Key West City Commission has ruled that drivers may charge $50 whenever a passenger vomits in their cab. According to the Miami Herald, the rule states , “In the event that a taxicab passenger soils the interior of a taxicab with bodily fluids or solids, a $50 clean-up fee will be added to the trip fare.” Five 6’s taxi company, a leader in pushing for the new ruling, says that five or six drunk passengers lose it all in the backseat of one of their cabs every year, especially during the 10-day Fantasy Fest in October and on New Year’s. To make it even more clear that taxi drivers were only looking to target drunk passengers, they stated that the fine would not be levied against small children or those who were ill.

Will Barf Fines Add to Increased DUI Arrests?

Any DUI attorney would be concerned by these rulings. Whatever happened to encouraging safe driving and responsible drinking? As Ron Klein, executive director of the St. Louis taxicab commission says, “We promote our cabs as the ultimate designated driver.” However, Klein was encouraging St. Louis lawmakers to consider a reasonable fine for vomiting when rogue taxi drivers started levying fines of their own. Klein’s former status as a St. Louis police sergeant makes it particularly disappointing that Klein would encourage such legislation. In his time as a law officer, he was on hand at hundreds of accidents related to drunk driving and recognizes that “cabs played a crucial role in keeping people who have had too much to drink from getting behind the wheel,” as Ken Leiser of the The St. Louis Post-Dispatch said.

While lawmakers rail against the dangers of drinking and driving, there appears to be little acknowledgement of or concern for those who need alternatives without fear of penalty. It seems that once again, a new law has veered off the true course of action, which is to ensure that drivers who are seriously impaired do not get behind the wheel of a car. Anything that deviates from that objective is of questionable value and also tends to punish light social drinkers who are fully capable of driving with the same heavy hand that seriously impaired drivers receive. If drunk driving laws are to have the intended impact, lawmakers must maintain tighter focus rather than try out every measure presented. We all agree that drunk driving is a real problem-but casting the net too widely only serves to dilute the solutions.

About the Author: Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a solo practitioner at the Law Offices of Andrew M. Weisberg.

Because there are so many variables that can impact the severity of criminal trespass in Chicago, as well as the seriousness of the penalties that might follow upon a conviction, it is imperative to have a seasoned and knowledgeable Chicago attorney on your side who will aggressively defend you and ensure that you are treated fairly. A criminal conviction at any level is definitely not something you want on your record nor do you want to have to spend time behind bars.

If you have been arrested for criminal trespass in Chicago, and you want to have the peace of mind that comes with knowing that you have an astute, expert defense attorney advocating for you and your rights, defense attorney Andrew M. Weisberg has a successful track record of handling cases similar to yours. To get the best possible outcome to your case, contact the Law Offices of Andrew M. Weisberg today for the sound legal counsel and representation you need.

Criminal Trespass Chicago – If you’ve been charged with criminal trespass in Chicago, no matter how straightforward or complex the charge, Andrew M. Weisberg is a Chicago defense lawyer known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit /, call the office at 312.854.7004 or call his cell phone 24/7 at 773.908.9811 or Text LAWYER to 25827 for a prompt call back. The initial consultation is free.