720 ILCS 5/21-1.3 – Criminal Defacement of Property
This law makes it a crime to damage someone else’s property with paint, writing, or similar tools without permission.
This law says that if you write on, paint, or damage someone else’s property without their permission, you can be charged with a crime. The punishment depends on how much damage you caused and what kind of property was damaged.
(a) A person breaks this law if they knowingly hurt or damage someone else’s property by painting, drawing, scratching, or marking it in any way using paint, ink, or similar materials. If the owner said it was okay, then it is not a crime.
(b) Sentence:
- The punishment depends on how bad the damage is and what kind of property it is:
- If the damage is $500 or less, it is a Class A misdemeanor the first time.
- If the damage is $500 or less but it happens to a school, church, military or police memorial, or place honoring soldiers, it is a Class 4 felony.
- If it is your second time doing this or the damage is more than $500, it is a Class 4 felony.
- If the damage is more than $500 and to a school, church, or memorial, it is a Class 3 felony.
- In addition, a person must:
- Pay the full cost to clean up, fix, or remove the damage, paying back whoever paid for the repairs.
- If the damage is a Class 3 or 4 felony, pay at least a $500 fine.
- The court must also order community service between 30 and 120 hours if possible. This service should include fixing or cleaning up the damaged property or other similar work in the community. If the property was a school, service can include repainting or repairing the building. Anyone placed on supervision must also complete the community service.
- When figuring out the total, or “aggregate value,” the court adds up all the damage from one event, even if more than one property was affected.
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