Illinois Trespassing Penalties (2026)

Criminal trespassing charges charges in Illinois: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing trespassing charges in Illinois, consult a licensed Illinois criminal defense attorney.

Illinois Trespassing Penalties

OffensePenalty
First OffenseClass B misdemeanor: up to 6 months, $1,500 fine
Second OffenseClass A misdemeanor: up to 1 year

720 ILCS 5/21-3

Trespassing Statute of Limitations in Illinois

In Illinois, the statute of limitations for theft and property crimes is generally 3 years.

See all Illinois statutes of limitations →

Defending Against Trespassing Charges in Illinois

Common defenses in Illinois trespassing cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Illinois criminal defense attorney for advice.

Related Illinois Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication