720 ILCS 5/21-1 – Criminal Damage to Property

720 ILCS 5/21-1 – Criminal Damage to Property

This law makes it a crime to damage someone else’s property on purpose or by being reckless.

This Illinois law says that it’s illegal to harm or destroy another person’s property, animal, or certain public items like fire equipment. The punishment depends on how bad the damage is and what kind of property was harmed.

(a) A person commits criminal damage to property when he or she does any of the following:

1. Purposely damages someone else’s property.
2. Carelessly sets a fire or explosion that damages someone else’s property.
3. Intentionally starts a fire on another person’s land.
4. Purposely hurts someone else’s pet or farm animal without permission.
5. Puts a stink bomb or bad-smelling substance on another person’s land or building to keep them from using it.
6. Damages property to cheat an insurance company.
7. Shoots a gun at any part of a train.
8. Without permission, damages or tampers with fire hydrants or firefighting equipment.
9. Intentionally opens a fire hydrant without permission.

(b) When someone is charged with damaging property over a certain value, a judge or jury must decide if the damage is over that amount.

(c) It is a defense for some charges (like damaging/burning property, or using a stink bomb) if the owner said it was okay.

(d) Sentence:

1. Different punishments apply based on what was damaged and how much damage was done:
   1. Sentence: Damaging or opening fire hydrants without permission is a Class B misdemeanor.
   2. Sentence: Damaging property worth $500 or less is a Class A misdemeanor.
   3. Sentence: If the same type of damage under $500 is done to a school, church, farm equipment, veterans’ memorial, or similar property, it’s a Class 4 felony.
   4. Sentence: Hurting someone’s animal with less than $10,000 in damage is a Class 4 felony.
   5. Sentence: Shooting at a train is a Class 4 felony.
   6. Sentence: Damaging property between $500 and $10,000 is a Class 4 felony.
   7. Sentence: If that same damage happens to a school, church, farm equipment, or memorial, it’s a Class 3 felony.
   8. Sentence: Damage between $10,000 and $100,000 is a Class 3 felony.
   9. Sentence: If damage between $10,000 and $100,000 happens to a school, church, farm equipment, or memorial, it’s a Class 2 felony.
   10. Sentence: Damage over $100,000 is a Class 2 felony. If it happens to a school, church, farm equipment, or memorial, it’s a Class 1 felony.
2. If the damage is more than $10,000, the person must also pay a fine equal to the amount of damage done.
3. Courts must order anyone convicted to perform 30–120 hours of community service if available. This doesn’t apply if the person goes to jail.
4. If someone destroys another person’s crops, they must pay the owner up to twice the value of what was destroyed.
5. “Farm equipment” means machines or tools used for farming.

View the full statute here.

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