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Illinois Compiled Statutes

720 ILCS 5/19-4 (2026)

Criminal trespass to a residence

✓ current as of May 2026
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(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
    Sec. 19-4. Criminal trespass to a residence.
    (a) (1) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.
    (2) A person commits 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.
    (a-5) 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.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)

    
Notes of Decisions
Cited in 55 cases (21 in the last 5 years), 1994–2026 · leading case: Stanard v. Nygren, 658 F.3d 792 (7th Cir. 2011).
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Stanard v. Nygren, 658 F.3d 792 (7th Cir. 2011). · cites it 2× “e proceeds of specified unlawful activity with the intent to promote the carrying on of specified unlawful activity all in violation of RICO and the other laws set forth, herein, inter alia, as well as acts chargeable under any of the following provisions of the laws of the…”
People v. Reynolds, 832 N.E.2d 512 (Ill. App. Ct. 2005). · cites it 8× “Defendant requests that his conviction of felony criminal trespass to a residence be replaced with one of misdemeanor criminal trespass to a residence (720 ILCS 5/19-4(a)(1) (West 2002)), which defendant maintains is a lesser-included offense of the residential burglary offense…”
People v. Campbell, 802 N.E.2d 1205 (Ill. 2003). · cites it 2× “After the stipulation concerning Hoerr's testimony was read to the jury, both sides rested. The trial court then denied defendant's motion for a directed verdict.”
Milija Zivkovic v. Eric Holder, Jr., 724 F.3d 894 (7th Cir. 2013). · cites it 4× “Years later, on November 16, 2010, he was con- victed under 720 ILCS 5/19-4(a)(2) for criminal trespass to a residence with a person present; for that crime, he received a three-year sentence of imprisonment.”
People v. Burney, 2011 IL App (4th) 100343 (Ill. App. Ct. 2011). · cites it 2× “The State also charged defendant with one count of criminal trespass to a residence (count II) (720 ILCS 5/19-4(a)(2) (West 2008)), alleging he knowingly and without authority entered Krause’s residence at a time when defendant knew that one or more persons were present in the…”
People v. Raney, 2014 IL App (4th) 130551 (Ill. App. Ct. 2014). · cites it 2× “2(a)(1) (West 2010)), unlawful violation of an order of protection (720 ILCS 5/12-30(a)(1)(i) (West 2010)), and criminal trespass to a residence (720 ILCS 5/19-4(a)(1) (West 2010)). The jury found defendant guilty of all four counts.”
Herbert Williams v. City of Chicago, 733 F.3d 749 (7th Cir. 2013). “We credit Williams’s testimony on this point for purposes of summary judgment, and as explained above, Williams’s mere presence was not sufficient to extend the officers’ arguably reasonable belief that someone had entered the residence to commit arson into an “honest and sound…”
People v. Gaines, 2020 IL 125165 (Ill. 2020). “OPINION ¶1 Following the trial court’s sua sponte vacatur of defendant’s negotiated guilty plea in response to several comments made by defendant, defendant was convicted of felony criminal trespass to a residence (720 ILCS 5/19-4(a)(2) (West 2014)) and domestic battery (id.”
Hill v. Wells Fargo Bank, N.A., 946 F. Supp. 2d 817 (N.D. Ill. 2013). “1998) (under Illinois law, “[tjrespass is entry without consent”); 720 ILCS 5/19-4(a)(1) (“A person commits criminal trespass to a residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place…”
People v. Burney, 963 N.E.2d 430 (Ill. App. Ct. 2012). · cites it 2× “The State also charged defendant with one count of criminal trespass to a residence (count II) (720 ILCS 5/19-4(a)(2) (West 2008)), alleging he knowingly and without authority entered Krause's residence at a time when defendant knew that one or more persons were present in the…”
Shawn Michael Jones, a Minor by His Father & Next Friend, Terry D. Jones, & Terry D. Jones v. Charles Webb, Individually, 45 F.3d 178 (7th Cir. 1995). “…a residence when, without authority, he knowingly enters or remains within any residence, including a house trailer." 720 ILCS 5/19-4 (1994).”
People v. Davis, 2012 IL App (2d) 100934 (Ill. App. Ct. 2012). · cites it 2× “Davis, was convicted of criminal trespass to a residence (720 ILCS 5/19-4(a)(2) (West 2008)) and sentenced to 32 months’ imprisonment.”
Show all 55 citing cases →
— 720 ILCS 5/19-4(2) — 1 case
People v. Ablahad, 2021 IL App (1st) 180499-U (Ill. App. Ct. 2021).
— 720 ILCS 5/19-4(a)(1) — 5 cases
People v. Raney, 2014 IL App (4th) 130551 (Ill. App. Ct. 2014). “2(a)(1) (West 2010)), unlawful violation of an order of protection (720 ILCS 5/12-30(a)(1)(i) (West 2010)), and criminal trespass to a residence (720 ILCS 5/19-4(a)(1) (West 2010)). The jury found defendant guilty of all four counts.”
Hill v. Wells Fargo Bank, N.A., 946 F. Supp. 2d 817 (N.D. Ill. 2013). “1998) (under Illinois law, “[tjrespass is entry without consent”); 720 ILCS 5/19-4(a)(1) (“A person commits criminal trespass to a residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place…”
People v. Reynolds, 832 N.E.2d 512 (Ill. App. Ct. 2005). “Defendant requests that his conviction of felony criminal trespass to a residence be replaced with one of misdemeanor criminal trespass to a residence (720 ILCS 5/19-4(a)(1) (West 2002)), which defendant maintains is a lesser-included offense of the residential burglary offense…”
People v. Holt, 2013 IL App (2d) 120476 (Ill. App. Ct. 2013).
People v. Miranda, 2025 IL App (1st) 232247-U (Ill. App. Ct. 2025).
— 720 ILCS 5/19-4(a)(2) — 35 cases
People v. Reynolds, 832 N.E.2d 512 (Ill. App. Ct. 2005). “Defendant requests that his conviction of felony criminal trespass to a residence be replaced with one of misdemeanor criminal trespass to a residence (720 ILCS 5/19-4(a)(1) (West 2002)), which defendant maintains is a lesser-included offense of the residential burglary offense…”
Milija Zivkovic v. Eric Holder, Jr., 724 F.3d 894 (7th Cir. 2013). “Years later, on November 16, 2010, he was con- victed under 720 ILCS 5/19-4(a)(2) for criminal trespass to a residence with a person present; for that crime, he received a three-year sentence of imprisonment.”
People v. Gaines, 2020 IL 125165 (Ill. 2020). “OPINION ¶1 Following the trial court’s sua sponte vacatur of defendant’s negotiated guilty plea in response to several comments made by defendant, defendant was convicted of felony criminal trespass to a residence (720 ILCS 5/19-4(a)(2) (West 2014)) and domestic battery (id.”
People v. Burney, 2011 IL App (4th) 100343 (Ill. App. Ct. 2011). “The State also charged defendant with one count of criminal trespass to a residence (count II) (720 ILCS 5/19-4(a)(2) (West 2008)), alleging he knowingly and without authority entered Krause’s residence at a time when defendant knew that one or more persons were present in the…”
People v. Davis, 2012 IL App (2d) 100934 (Ill. App. Ct. 2012). “Davis, was convicted of criminal trespass to a residence (720 ILCS 5/19-4(a)(2) (West 2008)) and sentenced to 32 months’ imprisonment.”
— 720 ILCS 5/19-4(a)(3) — 1 case
People v. Bean, 906 N.E.2d 738 (Ill. App. Ct. 2009).
— 720 ILCS 5/19-4(a)(l) — 1 case
Herbert Williams v. City of Chicago, 733 F.3d 749 (7th Cir. 2013). “We credit Williams’s testimony on this point for purposes of summary judgment, and as explained above, Williams’s mere presence was not sufficient to extend the officers’ arguably reasonable belief that someone had entered the residence to commit arson into an “honest and sound…”
— 720 ILCS 5/19-4(b)(2) — 3 cases
People v. Burney, 2011 IL App (4th) 100343 (Ill. App. Ct. 2011). “The State also charged defendant with one count of criminal trespass to a residence (count II) (720 ILCS 5/19-4(a)(2) (West 2008)), alleging he knowingly and without authority entered Krause’s residence at a time when defendant knew that one or more persons were present in the…”
People v. Burney, 963 N.E.2d 430 (Ill. App. Ct. 2012). “The State also charged defendant with one count of criminal trespass to a residence (count II) (720 ILCS 5/19-4(a)(2) (West 2008)), alleging he knowingly and without authority entered Krause's residence at a time when defendant knew that one or more persons were present in the…”
People v. Patterson, 2023 IL App (4th) 230113-U (Ill. App. Ct. 2023).
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