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Illinois Compiled Statutes

720 ILCS 5/21-5 (2026)

Criminal trespass to State supported land

✓ current as of May 2026
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(720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
    (Text of Section before amendment by P.A. 104-457)
    Sec. 21-5. Criminal trespass to State supported land.
    (a) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land, after receiving, prior to the entry, notice from the State or its representative that the entry is forbidden, or remains upon the land or in the building after receiving notice from the State or its representative to depart, and who thereby interferes with another person's lawful use or enjoyment of the building or land.
    A person has received notice from the State within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her or a group of which he or she is a part, has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.
    (a-5) A person commits criminal trespass to State supported land when he or she enters upon a right of way, including facilities and improvements thereon, owned, leased, or otherwise used by a public body or district organized under the Metropolitan Transit Authority Act, the Local Mass Transit District Act, or the Regional Transportation Authority Act, after receiving, prior to the entry, notice from the public body or district, or its representative, that the entry is forbidden, or the person remains upon the right of way after receiving notice from the public body or district, or its representative, to depart, and in either of these instances intends to compromise public safety by causing a delay in transit service lasting more than 15 minutes or destroying property.
    A person has received notice from the public body or district within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her has been conspicuously posted or exhibited at any point of entrance to the right of way or the forbidden part of the right of way.
    As used in this subsection (a-5), "right of way" has the meaning ascribed to it in Section 18c-7502 of the Illinois Vehicle Code.
    (b) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to obtain permission from the State or its representative to enter the building or land; or remains upon the land or in the building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon the land or in the building, and who thereby interferes with another person's lawful use or enjoyment of the building or land.
    This subsection does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land in the performance of his or her official duties.
    (c) Sentence. Criminal trespass to State supported land is a Class A misdemeanor, except a violation of subsection (a-5) of this Section is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
 
    (Text of Section after amendment by P.A. 104-457)
    Sec. 21-5. Criminal trespass to State supported land.
    (a) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land, after receiving, prior to the entry, notice from the State or its representative that the entry is forbidden, or remains upon the land or in the building after receiving notice from the State or its representative to depart, and who thereby interferes with another person's lawful use or enjoyment of the building or land.
    A person has received notice from the State within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her or a group of which he or she is a part, has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.
    (a-5) A person commits criminal trespass to State supported land when he or she enters upon a right-of-way, including facilities and improvements thereon, owned, leased, or otherwise used by a public body or district organized under the Chicago Transit Authority Act, the Local Mass Transit District Act, or the Northern Illinois Transit Authority Act, after receiving, prior to the entry, notice from the public body or district, or its representative, that the entry is forbidden, or the person remains upon the right-of-way after receiving notice from the public body or district, or its representative, to depart, and in either of these instances intends to compromise public safety by causing a delay in transit service lasting more than 15 minutes or destroying property.
    A person has received notice from the public body or district within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her has been conspicuously posted or exhibited at any point of entrance to the right-of-way or the forbidden part of the right-of-way.
    As used in this subsection (a-5), "right-of-way" has the meaning ascribed to it in Section 18c-7502 of the Illinois Vehicle Code.
    (b) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to obtain permission from the State or its representative to enter the building or land; or remains upon the land or in the building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon the land or in the building, and who thereby interferes with another person's lawful use or enjoyment of the building or land.
    This subsection does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land in the performance of his or her official duties.
    (c) Sentence. Criminal trespass to State supported land is a Class A misdemeanor, except a violation of subsection (a-5) of this Section is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 104-457, Article 10, Section 10-70, eff. 6-1-26; 104-457, Article 15, Section 15-205, eff. 6-1-26.)

    
Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2003–2025 · leading case: Hernandez v. Dart, 635 F. Supp. 2d 798 (N.D. Ill. 2009).
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Hernandez v. Dart, 635 F. Supp. 2d 798 (N.D. Ill. 2009). “) The deputies arrested Plaintiff for violation of 720 ILCS 5/21-5, criminal trespass to state supported land.”
People v. Taber, 2025 IL App (2d) 240562 (Ill. App. Ct. 2025). “BACKGROUND ¶3 On August 12, 2024, defendant was charged by complaint with criminal trespass to state land (720 ILCS 5/21-5(a) (West 2022)) (case No.”
People v. Coe, 2024 IL App (5th) 240976 (Ill. App. Ct. 2024). · cites it 2× “BACKGROUND ¶3 On January 9, 2024, defendant was charged, by information, with criminal trespass to state supported land, in violation of section 21-5 of the Criminal Code of 2012 (720 ILCS 5/21-5 (West 2022)), a Class A misdemeanor.”
People v. Quiroga, 2015 IL App (1st) 122585 (Ill. App. Ct. 2015). · cites it 2× “720 ILCS 5/21-5(a) (West 2010). We reverse on the lack of evidence that Quiroga hindered or disrupted or obstructed anyone's use or enjoyment of the school property that day.”
People v. Chai, 2014 IL App (2d) 121234 (Ill. App. Ct. 2014). “¶ 40 Comparing the elements of the instant offense to those of a related trespass offense, criminal trespass to State supported land (720 ILCS 5/21-5(a) (West 2010)) provides further support for the proposition that, to be convicted of criminal trespass to real property, the…”
People v. Chai, 2014 IL App (2d) 121234 (Ill. App. Ct. 2014). “¶ 40 Comparing the elements of the instant offense to those of a related trespass offense, criminal trespass to state-supported land (720 ILCS 5/21-5(a) (West 2010)) provides further support for the proposition that, to be convicted of criminal trespass to real property, the…”
People v. Baker, 2025 IL App (4th) 240668-U (Ill. App. Ct. 2025). · cites it 4× “¶2 Following a January 2024 bench trial, the trial court found defendant, Antar Baker, guilty of criminal trespass to State-supported land (720 ILCS 5/21-5(a) (West 2022)). In April 2024, the court sentenced defendant to 18 months’ court supervision.”
People v. Stiegler, 2021 IL App (1st) 200880-U (Ill. App. Ct. 2021). · cites it 3× “See 720 ILCS 5/21-5(a) (West 2018); People v.”
People v. McBride (Ill. App. Ct. 2009). · cites it 2× “1(a) (West 2004)) and one count of criminal trespass to state-supported land (720 ILCS 5/21-5(a) (West 2004)). In July 2004, in Perry County case number 04-CF-107, the defendant was charged with one count of harassment of a witness (720 ILCS 5/32-4a(a)(2) (West 2004)) and one 1…”
Preston v. Bd. of Trs. of Chicago State Univ., 120 F. Supp. 3d 801 (N.D. Ill. 2015). · cites it 2× “In, Preston’s defense, Plaintiffs argue that Preston believed he was allowed to *811 enter campus because, prior to entering campus on' October 18, 2013, he reviewed the Illinois Open Meetings 'Act, 720 ILCS 5/21-5, and determined that nothing in that statute precluded him from…”
People v. Davis (Ill. App. Ct. 2003). “98-CF-381 with (1) one count of possession of a controlled substance (720 ILCS 570/402(c) (West 1998)), (2) two counts of criminal trespass to State-supported property (720 ILCS 5/21-5 (West 1998)), and (3) one count of violating an order of protection (720 ILCS 5/12-30 (West…”
— 720 ILCS 5/21-5(a) — 9 cases
People v. Taber, 2025 IL App (2d) 240562 (Ill. App. Ct. 2025). “BACKGROUND ¶3 On August 12, 2024, defendant was charged by complaint with criminal trespass to state land (720 ILCS 5/21-5(a) (West 2022)) (case No.”
People v. Chai, 2014 IL App (2d) 121234 (Ill. App. Ct. 2014). “¶ 40 Comparing the elements of the instant offense to those of a related trespass offense, criminal trespass to State supported land (720 ILCS 5/21-5(a) (West 2010)) provides further support for the proposition that, to be convicted of criminal trespass to real property, the…”
People v. Coe, 2024 IL App (5th) 240976 (Ill. App. Ct. 2024). “BACKGROUND ¶3 On January 9, 2024, defendant was charged, by information, with criminal trespass to state supported land, in violation of section 21-5 of the Criminal Code of 2012 (720 ILCS 5/21-5 (West 2022)), a Class A misdemeanor.”
People v. Chai, 2014 IL App (2d) 121234 (Ill. App. Ct. 2014). “¶ 40 Comparing the elements of the instant offense to those of a related trespass offense, criminal trespass to state-supported land (720 ILCS 5/21-5(a) (West 2010)) provides further support for the proposition that, to be convicted of criminal trespass to real property, the…”
People v. Quiroga, 2015 IL App (1st) 122585 (Ill. App. Ct. 2015). “720 ILCS 5/21-5(a) (West 2010). We reverse on the lack of evidence that Quiroga hindered or disrupted or obstructed anyone's use or enjoyment of the school property that day.”
— 720 ILCS 5/21-5(b) — 1 case
People v. Quiroga, 2015 IL App (1st) 122585 (Ill. App. Ct. 2015). “720 ILCS 5/21-5(a) (West 2010). We reverse on the lack of evidence that Quiroga hindered or disrupted or obstructed anyone's use or enjoyment of the school property that day.”
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