(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 |
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(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another
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| without his or her consent;
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(5) knowingly deposits on the land or in the building
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| 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;
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(6) knowingly damages any property, other than as
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| described in paragraph (2) of subsection (a) of Section 20-1, with intent to defraud an insurer;
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(7) knowingly shoots a firearm at any portion of a
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(8) knowingly, without proper authorization, cuts,
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| 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
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(9) intentionally, without proper authorization,
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(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
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(A) A violation of paragraph (8) or (9) is a
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(B) A violation of paragraph (1), (2), (3), (5),
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| or (6) is a Class A misdemeanor when the damage to property does not exceed $500.
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(C) A violation of paragraph (1), (2), (3), (5),
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| 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.
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(D) A violation of paragraph (4) is a Class 4
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| felony when the damage to property does not exceed $10,000.
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(E) A violation of paragraph (7) is a Class 4
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(F) A violation of paragraph (1), (2), (3), (5)
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| or (6) is a Class 4 felony when the damage to property exceeds $500 but does not exceed $10,000.
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(G) A violation of paragraphs (1) through (6) is
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| 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.
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(H) A violation of paragraphs (1) through (6) is
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| a Class 3 felony when the damage to property exceeds $10,000 but does not exceed $100,000.
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(I) A violation of paragraphs (1) through (6) is
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| 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.
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(J) A violation of paragraphs (1) through (6) is
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| 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.
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(2) When the damage to property exceeds $10,000, the
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| court shall impose upon the offender a fine equal to the value of the damages to the property.
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(3) In addition to any other sentence that may be
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| 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.
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The community service requirement does not apply when
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| the court imposes a sentence of incarceration.
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(4) In addition to any criminal penalties imposed
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| 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.
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(5) For the purposes of this subsection (d), "farm
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| equipment" means machinery or other equipment used in farming.
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(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
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(720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
Sec. 21-1.2. Institutional vandalism.
(a) A person commits institutional vandalism when, by reason of the actual
or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another
individual or group of individuals, regardless of the existence of any other
motivating factor or factors, he or she knowingly and without consent
inflicts damage to any of the following properties:
(1) A church, synagogue, mosque, or other building, |
| structure or place used for religious worship or other religious purpose;
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(2) A cemetery, mortuary, or other facility used for
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| the purpose of burial or memorializing the dead;
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(3) A school, educational facility or community
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(4) The grounds adjacent to, and owned or rented by,
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| any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a); or
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(5) Any personal property contained in any
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| institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a).
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(b) Sentence.
(1) Institutional vandalism is a Class 3 felony when
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| the damage to the property does not exceed $500. Institutional vandalism is a Class 2 felony when the damage to the property exceeds $500. Institutional vandalism is a Class 2 felony for any second or subsequent offense.
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(2) Upon imposition of any sentence, the trial court
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| shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of institutional vandalism. The court may also impose any other condition of probation or conditional discharge under this Section.
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(c) Independent of any criminal prosecution or the result of that
prosecution, a person suffering damage to property or injury to his or her
person as a result of institutional vandalism may bring a civil action for
damages, injunction or other appropriate relief. The court may award actual
damages, including damages for emotional distress, or punitive damages. A
judgment may include attorney's fees and costs. The parents or legal guardians
of an unemancipated minor, other than guardians appointed under the Juvenile
Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of
any judgment for actual damages rendered against the minor under this
subsection in an amount not exceeding the amount provided under Section
5
of the Parental Responsibility Law.
(d) As used in this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act.
(Source: P.A. 99-77, eff. 1-1-16; 99-631, eff. 1-1-17 .)
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(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property when the person
knowingly damages the property of another by
defacing, deforming, or otherwise damaging the property by the use of paint or
any other similar substance, or by the use of a writing instrument, etching
tool, or any other similar device. It is an affirmative defense to a violation of this Section that the owner of the property damaged consented to such damage.
(b) Sentence. (1) Criminal defacement of property is a Class A misdemeanor for a
first offense when the aggregate value of the damage to the property does not exceed $500. Criminal
defacement of property is a Class 4 felony when the aggregate value of the damage to property does not
exceed $500 and the property damaged is a school building or place of
worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans. Criminal
defacement of property is a Class 4 felony for a second or subsequent
conviction or when the aggregate value of the damage to the property exceeds $500.
Criminal defacement of property is a Class 3 felony when the aggregate value of the damage to property
exceeds $500 and the property damaged is a school building or place of
worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans.
(2) In addition to any other sentence that may be imposed
for a violation of this Section,
a person convicted of
criminal defacement of
property shall: (A) pay the actual costs incurred by the property |
| owner or the unit of government to abate, remediate, repair, or remove the effect of the damage to the property. To the extent permitted by law, reimbursement for the costs of abatement, remediation, repair, or removal shall be payable to the person who incurred the costs; and
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(B) if convicted of criminal defacement of property
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| that is chargeable as a Class 3 or Class 4 felony, pay a mandatory minimum fine of $500.
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(3) In addition to any
other sentence that may be imposed, a court shall order any person convicted of
criminal defacement of property to perform community service for not less than
30 and not more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need
not be limited to, the cleanup and repair of the damage to property that was
caused by the offense, or similar damage to property located in the
municipality or county in which the offense occurred.
When the property damaged is a school building, the community service may
include cleanup, removal, or painting over the defacement.
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.
(4) For the purposes of this subsection (b), aggregate value shall be determined by adding the value of the damage to one or more properties if the offenses were committed as part of a single course of conduct.
(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13; 98-756, eff. 7-16-14; 99-631, eff. 1-1-17 .)
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(720 ILCS 5/21-2.5) Sec. 21-2.5. Electronic tracking devices prohibited. (a) As used in this Section: "Electronic tracking device" means any device |
| attached to a vehicle that reveals its location or movement by the transmission of electronic signals.
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"State agency" means all departments, officers,
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| commissions, boards, institutions, and bodies politic and corporate of the State. The term, however, does not mean the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the supreme court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, nor does it mean the legislature or its committees or commissions.
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"Telematics" includes, but is not limited to,
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| automatic airbag deployment and crash notification, remote diagnostics, navigation, stolen vehicle location, remote door unlock, transmitting emergency and vehicle location information to public safety answering points, and any other service integrating vehicle location technology and wireless communications.
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"Vehicle" has the meaning ascribed to it in Section
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| 1-217 of the Illinois Vehicle Code.
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(b) A person or entity in this State may not use an electronic tracking device to determine the location or movement of a person.
(c) This Section does not apply:
(1) when the registered owner, lessor, or lessee of a
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| vehicle has consented to the use of the electronic tracking device with respect to that vehicle;
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(2) to the lawful use of an electronic tracking
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| device by a law enforcement agency;
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(3) when the vehicle is owned or leased by a business
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| that is authorized to transact business in this State and the tracking device is used by the business for the purpose of tracking vehicles driven by employees of that business, its affiliates, or contractors of that business or its affiliates;
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(4) when the vehicle is under the control of a State
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| agency and the electronic tracking device is used by the agency, or the Inspector General appointed under the State Officials and Employees Ethics Act who has jurisdiction over that State agency, for the purpose of tracking vehicles driven by employees or contractors of that State agency; or
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(5) telematic services that were installed by the
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| manufacturer, or installed by or with the consent of the owner or lessee of the vehicle and to which the owner or lessee has subscribed. Consent by the owner or lessee of the vehicle constitutes consent for any other driver or passenger of that vehicle.
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(d) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-381, eff. 1-1-14.)
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(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
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;
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(2) enters upon the land of another, after receiving,
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| prior to the entry, notice from the owner or occupant that the entry is forbidden;
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(3) remains upon the land of another, after receiving
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| notice from the owner or occupant to depart;
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(3.5) presents false documents or falsely represents
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| 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;
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(3.7) intentionally removes a notice posted on
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| residential real estate as required by subsection (l) of Section 15-1505.8 of Article XV of the Code of Civil Procedure before the date and time set forth in the notice; or
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(4) enters a field used or capable of being used for
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| 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.
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For purposes of item (1) of this subsection, this Section shall not apply
to being in a building which is open to the public while the building is open
to the public during its normal hours of operation; nor shall this Section
apply to a person who enters a public building under the reasonable belief that
the building is still open to the public.
(b) A person has received notice from the owner or occupant within the
meaning of Subsection (a) if he or she has been notified personally, either orally
or in writing including a valid court order as defined by subsection (7)
of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy
(2) of subsection (b) of Section 112A-14 of that Code, or if a printed or
written notice forbidding such entry has been conspicuously posted or
exhibited at the main entrance to the land or the forbidden part thereof.
(b-5) Subject to the provisions of subsection (b-10), as an alternative to the posting of real property as set forth in subsection (b), the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
(1) A vertical line of at least 8 inches in length
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| and the bottom of the mark shall be no less than 3 feet nor more than 5 feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or
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(2) A post capped or otherwise marked on at least its
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| top 2 inches. The bottom of the cap or mark shall be not less than 3 feet but not more than 5 feet 6 inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
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Nothing in this subsection (b-5) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument.
(b-10) Any owner or lessee who marks his or her real property using the method described in subsection (b-5) must also provide notice as described in subsection (b) of this Section. The public of this State shall be informed of the provisions of subsection (b-5) of this Section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These Departments shall conduct an information campaign for the general public concerning the interpretation and implementation of subsection (b-5). The information shall inform the public about the marking requirements and the applicability of subsection (b-5) including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The Departments shall also include information regarding the requirement that, until the date this subsection becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in subsection (b). The Departments may prepare a brochure or may disseminate the information through agency websites. Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of subsection (b-5) based on materials provided by the Departments. This subsection (b-10) is inoperative on and after January 1, 2013.
(b-15) Subsections (b-5) and (b-10) do not apply to real property located in a municipality of over 2,000,000 inhabitants.
(c) This Section does not apply to any person, whether a migrant worker
or otherwise, living on the land with permission of the owner or of his
or her agent having apparent authority to hire workers on this land and assign
them living quarters or a place of accommodations for living thereon, nor
to anyone living on the land at the request of, or by occupancy, leasing
or other agreement or arrangement with the owner or his or her agent, nor to
anyone invited by the migrant worker or other person so living on the
land to visit him or her at the place he is so living upon the land.
(d) A person shall be exempt from prosecution under this Section if
he or she beautifies unoccupied and abandoned residential and industrial properties
located within any municipality. For the purpose of this subsection,
"unoccupied and abandoned residential and industrial property" means any
real estate (1) in which the taxes have not been paid for a period of at
least 2 years; and (2) which has been left unoccupied and abandoned for a
period of at least one year; and "beautifies" means to landscape, clean up
litter, or to repair dilapidated conditions on or to board up windows
and doors.
(e) No person shall be liable in any civil action for money damages
to the owner of unoccupied and abandoned residential and industrial property
which that person beautifies pursuant to subsection (d) of this Section.
(e-5) Mortgagee or agent of the mortgagee exceptions.
(1) A mortgagee or agent of the mortgagee shall be
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| exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.
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(2) No mortgagee or agent of the mortgagee shall be
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| liable to the mortgagor or other owner of an abandoned residential property in any civil action for negligence or civil trespass in connection with entering, securing, or maintaining the abandoned residential property.
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(3) For the purpose of this subsection (e-5) only,
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| "abandoned residential property" means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in Section 15-1200.5 of Article XV of the Code of Civil Procedure.
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(f) This Section does not prohibit a person from entering a building or
upon the land of another for emergency purposes. For purposes of this
subsection (f), "emergency" means a condition or circumstance in which an
individual is or is reasonably believed by the person to be in imminent danger
of serious bodily harm or in which property is or is reasonably believed to be
in imminent danger of damage or destruction.
(g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
(h) Sentence. A violation of subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of subdivision (a)(4) is a Class A misdemeanor.
(i) Civil liability. A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (i):
"Land" includes, but is not limited to, land used for
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| crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.
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"Owner" means the person who has the right to
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| possession of the land, including the owner, operator or tenant.
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"Vehicle" has the same meaning as provided under
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| Section 1-217 of the Illinois Vehicle Code.
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(j) This Section does not apply to the following persons while serving process:
(1) a person authorized to serve process under
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| Section 2-202 of the Code of Civil Procedure; or
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(2) a special process server appointed by the circuit
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(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. 6-1-13 .)
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(720 ILCS 5/21-5.5) Sec. 21-5.5. Criminal trespass to a safe school zone. (a) As used in this Section: "Employee" means a person employed by a school whose relationship with that agency constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor. "Employee" includes, but is not limited to, a teacher, student teacher, aide, secretary, custodial engineer, coach, or his or her designee. "School administrator" means the school's principal, or his or her designee. "Safe school zone" means an area that encompasses any of the following places during regular school hours or within 60 minutes before or after the school day or 60 minutes before or after a school-sponsored activity. This shall include any school property, ground, or street, sidewalk, or public way immediately adjacent thereto and any public right-of-way situated immediately adjacent to school property. The safe school zone shall not include any portion of the highway not actually on school property. "School activity" means and includes any school session, any extracurricular activity or event sponsored by or participated in by the school, and the 60-minute periods immediately preceding and following any session, activity, or event. "Student" means any person enrolled or previously enrolled in a school. (b) A person commits the offense of criminal trespass to a safe school zone when he or she knowingly: (1) enters or remains in a safe school zone without |
| lawful business, when as a student or employee, who has been suspended, expelled, or dismissed for disrupting the orderly operation of the school, and as a condition of the suspension or dismissal, has been denied access to the safe school zone for the period of the suspension or in the case of dismissal for a period not to exceed the term of expulsion, and has been served in person or by registered or certified mail, at the last address given by that person, with a written notice of the suspension or dismissal and condition; or
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(2) enters or remains in a safe school zone without
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| lawful business, once being served either in person or by registered or certified mail that his or her presence has been withdrawn by the school administrator, or his or her designee, and whose presence or acts interfere with, or whenever there is reasonable suspicion to believe, such person will disrupt the orderly operation, or the safety, or peaceful conduct of the school or school activities. This clause (b)(2) has no application to conduct protected by the Illinois Educational Labor Relations Act or any other law applicable to labor relations. This clause (b)(2) has no application to conduct protected by the First Amendment to the Constitution of the United States or Article I of the Illinois Constitution, including the exercise of free speech, free expression, and the free exercise of religion or expression of religiously based views.
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(c) Sentence. Criminal trespass to a safe school zone is a Class A misdemeanor.
(Source: P.A. 97-547, eff. 1-1-12.)
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(720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
Sec. 21-7. Criminal trespass to restricted areas and restricted landing areas at airports; aggravated criminal trespass to restricted areas and restricted landing areas at airports.
(a) A person commits criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or remains in, any: (1) restricted area or restricted landing area used |
| in connection with an airport facility, or part thereof, in this State, after the person has received notice from the airport authority that the entry is forbidden;
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(2) restricted area or restricted landing area used
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| in connection with an airport facility, or part thereof, in this State by presenting false documents or falsely representing his or her identity orally to the airport authority;
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(3) restricted area or restricted landing area as
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| prohibited in paragraph (1) of this subsection, while dressed in the uniform of, improperly wearing the identification of, presenting false credentials of, or otherwise physically impersonating an airman, employee of an airline, employee of an airport, or contractor at an airport.
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(b) A person commits aggravated criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or
remains in, any restricted area or restricted landing area used in connection
with an airport facility, or part thereof, in this State, while in possession
of a weapon, replica of a weapon, or ammunition, after the person has received
notice from the airport authority that the entry is forbidden.
(c) Notice that the area is "restricted" and
entry thereto "forbidden", for purposes of this Section, means that the
person or persons have been notified personally, either orally or in writing,
or by a printed or written notice forbidding the entry to him or her or a group
or an organization of which he or she is a member, which has been conspicuously posted
or exhibited at every usable entrance to the area or the forbidden part thereof.
(d) (Blank).
(e) (Blank).
(f) The terms "Restricted area" or "Restricted landing area" in this Section
are defined to incorporate the meaning ascribed to those terms in Section
8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended,
and also include any other area of the airport that has been designated
such by the airport authority.
The terms "airman" and "airport" in this Section are defined to incorporate the meaning ascribed to those terms in Sections 6 and 12 of the Illinois Aeronautics Act.
(g) Paragraph (2) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a restricted area or a restricted landing area used in connection with an airport facility,
or part thereof, in the performance of his or her official duties.
(h) Sentence.
(1) A violation of paragraph (2) of subsection (a) is a Class A misdemeanor.
(2) A violation of paragraph (1) or (3) of subsection (a) is a Class 4 felony.
(3) A violation of subsection (b) is a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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