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720 ILCS 5/19-4 – Criminal Trespass to a Residence

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Posted by Christopher Combs on April 3, 2026

720 ILCS 5/19-4 – Criminal Trespass to a Residence

This law makes it a crime to go into someone’s home without permission or stay there after being told to leave.

If someone goes inside another person’s home or stays there without permission, it’s called criminal trespass to a residence. The punishment depends on whether anyone was home at the time.

(a)(1) A person breaks this law if they knowingly go into or stay inside someone else’s home, including a house trailer, without that person’s permission.

(a)(2) A person also breaks this law if they knowingly enter someone else’s home without permission and know or should know that someone is inside, or if they stay inside after realizing someone is home.

(a-5) In apartment buildings or housing complexes, “residence” means only the part of the building where someone actually lives. It does not include shared areas like lobbies, hallways, or recreation spaces.

(b) Sentence:

  1. If the person commits the act in subsection (a)(1), it is a Class A misdemeanor.
  2. If the person commits the act in subsection (a)(2), it is a Class 4 felony.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.

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