|
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 $300. |
(C) A violation of paragraph (1), (2), (3), (5), |
|
or (6) is a Class 4
felony when the damage to
property |
does not exceed $300 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 $300 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 $300 |
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. 96-529, eff. 8-14-09; 97-1108, eff. 1-1-13.)
|
(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 $300. Criminal
|
defacement of property is a Class 4 felony when the aggregate |
value of the damage to property does not
exceed $300 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, 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 $300.
Criminal defacement of property is a |
Class 3 felony when the aggregate value of the damage to |
|
property
exceeds $300 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, National |
Guard, or veterans.
|
(2) In addition to any other sentence that may be imposed
|
for a violation of this Section that is chargeable as a Class 3 |
or Class 4
felony,
a person convicted of
criminal defacement of
|
property shall be subject to a mandatory minimum fine of $500 |
plus 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.
|
(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. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
|
