ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/21-1 (2026)

Criminal damage to property

✓ current as of May 2026
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(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
    Sec. 21-1. Criminal damage to property.
    (a) A person commits criminal damage to property when he or she:
        (1) knowingly damages any property of another;
        (2) recklessly by means of fire or explosive damages
    
property of another;
        (3) knowingly starts a fire on the land of another;
        (4) knowingly injures a domestic animal of another
    
without his or her consent;
        (5) knowingly deposits on the land or in the building
    
of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
        (6) knowingly damages any property, other than as
    
described in paragraph (2) of subsection (a) of Section 20-1, with intent to defraud an insurer;
        (7) knowingly shoots a firearm at any portion of a
    
railroad train;
        (8) knowingly, without proper authorization, cuts,
    
injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or
        (9) intentionally, without proper authorization,
    
opens any fire hydrant.
    (b) When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
    (c) It is an affirmative defense to a violation of paragraph (1), (3), or (5) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.
    (d) Sentence.
        (1) A violation of subsection (a) shall have the
    
following penalties:
            (A) A violation of paragraph (8) or (9) is a
        
Class B misdemeanor.
            (B) A violation of paragraph (1), (2), (3), (5),
        
or (6) is a Class A misdemeanor when the damage to property does not exceed $500.
            (C) A violation of paragraph (1), (2), (3), (5),
        
or (6) is a Class 4 felony when the damage to property does not exceed $500 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (D) A violation of paragraph (4) is a Class 4
        
felony when the damage to property does not exceed $10,000.
            (E) A violation of paragraph (7) is a Class 4
        
felony.
            (F) A violation of paragraph (1), (2), (3), (5)
        
or (6) is a Class 4 felony when the damage to property exceeds $500 but does not exceed $10,000.
            (G) A violation of paragraphs (1) through (6) is
        
a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (H) A violation of paragraphs (1) through (6) is
        
a Class 3 felony when the damage to property exceeds $10,000 but does not exceed $100,000.
            (I) A violation of paragraphs (1) through (6) is
        
a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (J) A violation of paragraphs (1) through (6) is
        
a Class 2 felony when the damage to property exceeds $100,000. A violation of paragraphs (1) through (6) is a Class 1 felony when the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
        (2) When the damage to property exceeds $10,000, the
    
court shall impose upon the offender a fine equal to the value of the damages to the property.
        (3) In addition to any other sentence that may be
    
imposed, a court shall order any person convicted of criminal damage to property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
        The community service requirement does not apply when
    
the court imposes a sentence of incarceration.
        (4) In addition to any criminal penalties imposed
    
for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed.
        (5) For the purposes of this subsection (d), "farm
    
equipment" means machinery or other equipment used in farming.
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)

    
Notes of Decisions
Cited in 120 cases (43 in the last 5 years), 1993–2026 · leading case: People v. McLENNON, 957 N.E.2d 1241 (Ill. App. Ct. 2011).
Sort: Relevance Newest Treatment
People v. McLENNON, 957 N.E.2d 1241 (Ill. App. Ct. 2011). · cites it 4× “McLennon, was convicted of one count of criminal damage to property under $300 (720 ILCS 5/21-1(1)(a) (West 2008)) and one count of disorderly conduct in violation of section 26-1(a)(1) of the Criminal Code of 1961 (720 ILCS 5/26-1(a)(1) (West 2008)).”
People v. Snyder, 959 N.E.2d 656 (Ill. 2011). · cites it 2× “¶ 1 Pursuant to a partially negotiated plea, defendant, Deandra Snyder, pled guilty to intimidation (720 ILCS 5/12-6(a)(1) (West 2008)) and criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2008)) and was sentenced to concurrent extended terms of imprisonment of 10 and 6…”
People v. Snyder, 2011 IL 111382 (Ill. 2011). “1(a) (West 2008)), intimidation (720 ILCS 5/12-6(a)(1) (West 2008)), and criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2008)). She agreed to plead guilty to intimidation and criminal damage to property in exchange for dismissal of the remaining charges.”
People v. Hauschild, 871 N.E.2d 1 (Ill. 2007). “2(a)(1) (West 2000)); and criminal damage to property (720 ILCS 5/21-1(1)(d) (West 2000)). Following a jury trial, in which an accountability instruction was given, defendant was found guilty of attempted murder, armed robbery and home invasion.”
People v. Hanson, 2014 IL App (4th) 130330 (Ill. App. Ct. 2015). · cites it 2× “Hanson, of criminal damage to property (damage to property not exceeding $300) (720 ILCS 5/21-1(2) (West 2010)) and domestic battery (720 ILCS 5/12-3.”
People v. Thompson, 853 N.E.2d 378 (Ill. 2006). “2(a)(3) (West 2002)), one count of disarming a police officer (720 ILCS 5/31-1a (West 2002)), and one count of criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2002)). Defendant thereafter waived his right to a jury at sentencing.”
People v. Gaines, 2020 IL 125165 (Ill. 2020). “¶2 BACKGROUND ¶3 After a dispute at his parents’ house, defendant was charged with criminal damage to property (count I) (720 ILCS 5/21-1(a) (West 2014)), criminal trespass to a residence (count II) (id.”
People v. Castillo, 2024 IL App (1st) 232315 (Ill. App. Ct. 2024). “The State amended their charges, replacing the battery charge with criminal damage to property (720 ILCS 5/21-1(a)(1) (West 2022)). The circuit court initially denied Castillo bail on April 16, 2023.”
People v. Pacheco, 2023 IL 127535 (Ill. 2023). “1(a)(4) (West 2012)), criminal damage to property (720 ILCS 5/21-1(a)(1) (West 2012)), and two counts of driving under the influence (DUI) (625 ILCS 5/11- 501(a)(1), (2) (West 2012)).”
United States v. Curtis Barnett, 415 F.3d 690 (7th Cir. 2005). “1; 720 ILCS 5/21-1,-4), Barnett had been sentenced to a year of “Intensive Probation Supervision” in lieu of prison.”
People v. Minssen, 2024 IL App (4th) 231198 (Ill. App. Ct. 2024). “05(d)(4) (West 2022)), and criminal damage to property (720 ILCS 5/21-1(a)(1) (West 2022)). All charges arose from events that occurred on October 31, 2023.”
People v. Gabrys, 2013 IL App (3d) 110912 (Ill. App. Ct. 2014). · cites it 2× “¶2 FACTS ¶3 On January 4, 2008, the defendant was charged by indictment with three counts of Class 4 felony criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2006)) and one count of Class A misdemeanor criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2006)).”
Show all 120 citing cases →
— 720 ILCS 5/21-1(1) — 7 cases
People v. Stewart, 940 N.E.2d 273 (Ill. App. Ct. 2010).
People v. Forrest, 2015 IL App (4th) 130621 (Ill. App. Ct. 2015).
People v. Day, 958 N.E.2d 300 (Ill. App. Ct. 2011).
Kozel v. Vill. of Dolton, 804 F. Supp. 2d 740 (N.D. Ill. 2011).
People v. Phillips (Ill. App. Ct. 2008).
— 720 ILCS 5/21-1(1)(a) — 33 cases
People v. McLENNON, 957 N.E.2d 1241 (Ill. App. Ct. 2011). “McLennon, was convicted of one count of criminal damage to property under $300 (720 ILCS 5/21-1(1)(a) (West 2008)) and one count of disorderly conduct in violation of section 26-1(a)(1) of the Criminal Code of 1961 (720 ILCS 5/26-1(a)(1) (West 2008)).”
People v. Snyder, 959 N.E.2d 656 (Ill. 2011). “¶ 1 Pursuant to a partially negotiated plea, defendant, Deandra Snyder, pled guilty to intimidation (720 ILCS 5/12-6(a)(1) (West 2008)) and criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2008)) and was sentenced to concurrent extended terms of imprisonment of 10 and 6…”
People v. Snyder, 2011 IL 111382 (Ill. 2011). “1(a) (West 2008)), intimidation (720 ILCS 5/12-6(a)(1) (West 2008)), and criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2008)). She agreed to plead guilty to intimidation and criminal damage to property in exchange for dismissal of the remaining charges.”
People v. Thompson, 853 N.E.2d 378 (Ill. 2006). “2(a)(3) (West 2002)), one count of disarming a police officer (720 ILCS 5/31-1a (West 2002)), and one count of criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2002)). Defendant thereafter waived his right to a jury at sentencing.”
People v. Gabrys, 2013 IL App (3d) 110912 (Ill. App. Ct. 2014). “¶2 FACTS ¶3 On January 4, 2008, the defendant was charged by indictment with three counts of Class 4 felony criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2006)) and one count of Class A misdemeanor criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2006)).”
— 720 ILCS 5/21-1(1)(b) — 3 cases
Am. Fam. Ins. Co. v. Westfield Ins. Co., 2011 IL App (4th) 110088 (Ill. App. Ct. 2011).
People v. Phillips (Ill. App. Ct. 2008).
People v. Ryles (Ill. App. Ct. 1998).
— 720 ILCS 5/21-1(1)(c) — 1 case
People v. Ryles (Ill. App. Ct. 1998).
— 720 ILCS 5/21-1(1)(d) — 4 cases
People v. Hauschild, 871 N.E.2d 1 (Ill. 2007). “2(a)(1) (West 2000)); and criminal damage to property (720 ILCS 5/21-1(1)(d) (West 2000)). Following a jury trial, in which an accountability instruction was given, defendant was found guilty of attempted murder, armed robbery and home invasion.”
People v. Gill, 886 N.E.2d 1043 (Ill. App. Ct. 2008).
People v. Soliday (Ill. App. Ct. 2000).
People v. Gill (Ill. App. Ct. 2008).
— 720 ILCS 5/21-1(2) — 7 cases
People v. Hanson, 2014 IL App (4th) 130330 (Ill. App. Ct. 2015). “Hanson, of criminal damage to property (damage to property not exceeding $300) (720 ILCS 5/21-1(2) (West 2010)) and domestic battery (720 ILCS 5/12-3.”
In Interest of Mz, 695 N.E.2d 587 (Ill. App. Ct. 1998).
People v. Snyder, 935 N.E.2d 137 (Ill. App. Ct. 2010).
People v. Rodriguez, 2014 IL App (2d) 130148 (Ill. App. Ct. 2014).
People v. Rodriguez, 2014 IL App (2d) 130148 (Ill. App. Ct. 2014).
— 720 ILCS 5/21-1(a) — 3 cases
People v. Gaines, 2020 IL 125165 (Ill. 2020). “¶2 BACKGROUND ¶3 After a dispute at his parents’ house, defendant was charged with criminal damage to property (count I) (720 ILCS 5/21-1(a) (West 2014)), criminal trespass to a residence (count II) (id.”
People v. Kuhns, 866 N.E.2d 1181 (Ill. App. Ct. 2007).
People v. Caraballo, 2026 IL App (1st) 241878-U (Ill. App. Ct. 2026).
— 720 ILCS 5/21-1(a)(1) — 59 cases
People v. Castillo, 2024 IL App (1st) 232315 (Ill. App. Ct. 2024). “The State amended their charges, replacing the battery charge with criminal damage to property (720 ILCS 5/21-1(a)(1) (West 2022)). The circuit court initially denied Castillo bail on April 16, 2023.”
People v. Pacheco, 2023 IL 127535 (Ill. 2023). “1(a)(4) (West 2012)), criminal damage to property (720 ILCS 5/21-1(a)(1) (West 2012)), and two counts of driving under the influence (DUI) (625 ILCS 5/11- 501(a)(1), (2) (West 2012)).”
People v. Minssen, 2024 IL App (4th) 231198 (Ill. App. Ct. 2024). “05(d)(4) (West 2022)), and criminal damage to property (720 ILCS 5/21-1(a)(1) (West 2022)). All charges arose from events that occurred on October 31, 2023.”
People v. McDonald, 2018 IL App (3d) 150507 (Ill. App. Ct. 2018).
People v. Tucek, 2019 IL App (2d) 160788 (Ill. App. Ct. 2019).
— 720 ILCS 5/21-1(a)(2) — 1 case
People v. Porter, 2022 IL App (1st) 200990-U (Ill. App. Ct. 2022).
— 720 ILCS 5/21-1(b) — 4 cases
People v. Comer, 2023 IL App (5th) 220098-U (Ill. App. Ct. 2023).
People v. Pierce, 2023 IL App (1st) 192378-U (Ill. App. Ct. 2023).
People v. Ramirez, 2024 IL App (2d) 220376-U (Ill. App. Ct. 2024).
People v. Wilson, 2026 IL App (1st) 241584-U (Ill. App. Ct. 2026).
— 720 ILCS 5/21-1(d) — 1 case
People v. Stowe, 2021 IL App (2d) 200383-U (Ill. App. Ct. 2021).
— 720 ILCS 5/21-1(d)(1)(B) — 3 cases
People v. Musawwir, 2022 IL App (1st) 211546-U (Ill. App. Ct. 2022).
People v. Holmes, 2025 IL App (2d) 240194 (Ill. App. Ct. 2025).
People v. Calabrese, 2020 IL App (1st) 172828-U (Ill. App. Ct. 2020).
— 720 ILCS 5/21-1(d)(1)(C) — 1 case
People v. Calabrese, 2020 IL App (1st) 172828-U (Ill. App. Ct. 2020).
— 720 ILCS 5/21-1(d)(1)(F) — 3 cases
People v. Musawwir, 2022 IL App (1st) 211546-U (Ill. App. Ct. 2022).
People v. Pierce, 2023 IL App (1st) 192378-U (Ill. App. Ct. 2023).
People v. Rector, 2020 IL App (5th) 170131-U (Ill. App. Ct. 2020).
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