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Criminal Trespass to land is usually considered a Class B misdemeanor, punishable by a jail sentence of up to six months and a maximum fine of $1,500. However, it can be a Class A misdemeanor under circumstances such as entering or remaining on agricultural property, fields, barns, and orchards with a motor vehicle.
In legal terms, trespassing is defined as physically being on another person's property without permission. Property owners have the right to call the police and have trespassers arrested and charged if they are on their premises. Generally, trespassing is charged as a misdemeanor offense in Illinois.
(b) A property owner, a lessee, an agent of either the owner or lessee, or a performer or participant may use reasonable force to restrain a trespasser and remove him or her from the restricted area; however, any use of force beyond reasonable force may subject that person to any applicable criminal penalty.
Under the new amendment, an officer can arrest someone for trespassing if: The person poses a threat to the community or any person; Arrest is necessary because criminal activity persists after issuance of the citation; or. The accused has an obvious medical or mental health issue that poses a risk to their safety.
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.