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  1. #1
    Join Date
    Jun 2013
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    Lockport, Illinois, United States
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    Default What is the Definition of Trespassing in Illinois

    My question involves criminal law for the state of: Illinois

    What is the legal definition of trespassing for Illinois. On non government sites and many people state it as "being some place with out permission" but government site(.gov and .us) that I look at it say "being some place with out permission and having harming intent" which makes a lot more sense to me given Urban exploration(which is what we were doing) is fairly low key. Also I might add I'm 24 with some driving tickets and one pass trespassing on train tracks (taking a shortcut, i was charged 75 dollars)

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: What is the Definition of Trespassing in Illinios

    If you're charged with violating 625 ILCS 5/18c-7503 (Trespassing on Railroad Property), the definition of what constitutes that offense is in that statute. Is that the statute underlying your charge?

  3. #3
    Join Date
    Dec 2009
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    Default Re: What is the Definition of Trespassing in Illinios

    I can hardly believe the Illinois government thinks it's OK (i.e., legal) for people to go into other people's houses without permission as long as they don't have harmful intent. What, if I lived in Illinois it would be legal for some guy to come into my house and hang around in my bedroom, maybe even sleep in my bed as long as he isn't planning to attack me?

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: What is the Definition of Trespassing in Illinios

    Quote Quoting eerelations
    View Post
    I can hardly believe the Illinois government thinks it's OK (i.e., legal) for people to go into other people's houses without permission as long as they don't have harmful intent. What, if I lived in Illinois it would be legal for some guy to come into my house and hang around in my bedroom, maybe even sleep in my bed as long as he isn't planning to attack me?
    That's a ridiculous and irrational rant.

    Suppose you tell us exactly what the circumstances were and exactly the statute number that you were charged with.

  5. #5
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: What is the Definition of Trespassing in Illinios

    Jack - you know I love you, right?

    But you really need to look at who is posting. That is not the OP - that is another long-time poster responding to the OP's definition - and I read his definition exactly the same way she did.

    That said, I agree that the OP should provide more info.

  6. #6
    Join Date
    May 2011
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    Illinois
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    1,376

    Default Re: What is the Definition of Trespassing in Illinios

    (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
    (Text of Section before amendment by P.A. 97-1164)
    Sec. 21-3. Criminal trespass to real property.
    (a) A person commits criminal trespass to real property when he or she:
    (1) knowingly and without lawful authority enters or
    remains within or on a building;

    (2) enters upon the land of another, after receiving,
    prior to the entry, notice from the owner or occupant that the entry is forbidden;

    (3) remains upon the land of another, after receiving
    notice from the owner or occupant to depart;

    (3.5) presents false documents or falsely represents
    his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land; or

    (4) 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.

    - - - Updated - - -

    I'm a little curious too...

  7. #7
    Join Date
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    Default Re: What is the Definition of Trespassing in Illinios

    Quote Quoting adjusterjack
    View Post
    That's a ridiculous and irrational rant.

    Suppose you tell us exactly what the circumstances were and exactly the statute number that you were charged with.
    Huh? What's your problem? The OP posted that government websites say that trespassing is legal as long as the tresspasser doesn't have any harmful intent, and I was questioning that...a bit sarcastically, I will admit...so you're against sarcasm? Even when someone posts something truly dopey here? Wow.

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: What is the Definition of Trespassing in Illinios

    Quote Quoting eerelations
    View Post
    I can hardly believe the Illinois government thinks it's OK (i.e., legal) for people to go into other people's houses without permission as long as they don't have harmful intent. What, if I lived in Illinois it would be legal for some guy to come into my house and hang around in my bedroom, maybe even sleep in my bed as long as he isn't planning to attack me?
    there is a huge difference between trespassing upon the lands of another and trespassing or quite possibly breaking and entering of a domicile, especially when it is occupied.


    I do know that the code in my state does not consider casual entry upon another's lands trespassing unless the trespasser was given notice that entry of the land would be considered trespassing. That means, if there is no sign and I have not otherwise been given notice, I can start walking at one state line and walk across the state without ever trespassing.

    It appears Illinois law is quite similar:

    (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
    (Text of Section before amendment by P.A. 97-1164)
    Sec. 21-3. Criminal trespass to real property.
    (a) A person commits criminal trespass to real property when he or she:

    (1) knowingly and without lawful authority enters or

    remains within or on a building;


    (2) enters upon the land of another, after receiving,
    prior to the entry, notice from the owner or occupant that the entry is forbidden;

    (3) remains upon the land of another, after receiving
    notice from the owner or occupant to depart;

    (3.5) presents false documents or falsely represents
    his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land; or

    (4) 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.
    the .gov site is somewhat correct. Entering property with intent to cause damage falls under other laws. You can see though that if there is no malicious intent and there has been no notice restricting entry, it is not trespassing to enter the lands of another.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: What is the Definition of Trespassing in Illinios

    In defense of eerelations here, thought, I think she was deliberately forcing a comparison to make a point. The way the OP stated things, one could easily interpret his understanding that way.

  10. #10
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: What is the Definition of Trespassing in Illinios

    Yes that's what I was doing. Why everyone (except cbg of course) is jumping all over me about it I don't know.

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