Ill. Pattern Jury Instr. (Criminal) 16.02

To sustai

n the charge of criminal damage to property, the State must prove the following

propositions:

[1] First

Proposition: That the defendant knowingly damaged the property of ____ [(.) (;

and)]

Second Propos

ition: That the damage to the property was [(more than $300) (more than

$10,000) (more than $100,000).]

[or]

Second Proposi

tion: That the damage to the property [(exceeds $500) (exceeding 500 and

not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds $100,000)](.)

and the damage occurred to [(property of a school) (property of a place of worship) (farm

equipment) (immovable items of agricultural production) (property which memorializes or

honors a [(group of)] [(police officer(s)) (fire fighter(s))]) (property which memorializes or

honors [(a member) (members)] of the [(United States Armed Forces) (National Guard)])

(property which memorializes or honors [(a veteran) (veterans)])].

[or]

[2] First

Proposition: That the defendant recklessly, by means of [(fire) (explosive)],

damaged the property of ____ [(.) (; and)]

Second Proposi

tion: That the damage to the property was [(more than $300) (more tha n

$10,000) (more than $100,000).]

[or]

Second Proposi

tion: That the damage to the property [(exceeds $500) (exceeding 500 and

not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds $100,000)](.)

and the damage occurred to [(property of a school) (property of a place of worship) (farm

equipment) (immovable items of agricultural production) (property which memorializes or

honors a [(group of)] [(police officer(s)) (fire fighter(s))]) (property which memorializes or

honors [(a member) (members)] of the [(United States Armed Forces) (National Guard)])

(property which memorializes or honors [(a veteran) (veterans)])].

[or]

[3] Firs

t Proposition: That the defendant knowingly started a fire on the land of ____

and

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Second Proposi

tion: That the damage to the property [(exceeds $500) (exceeding 500 and

not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds

$100,000)][(.)

[or]

Second Proposi

tion: That the damage to the property [(exceeds $500) (exceeding 500 and

not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds

$100,000)][(.) and the damage occurred to [(property of a school) (property of a place of

worship) (farm equipment) (immovable items of agricultural production) (property which

memorializes or honors a [(group of)] [(police officer(s)) (fire fighter(s))]) (property which

memorializes or honors [(a member) (members)] of the [(United States Armed Forces) (National

Guard)]) (property which memorializes or honors [(a veteran) (veterans)])].

[or]

[4] Firs

t Proposition: That t he defendant knowingly injured a domestic animal of

_________ ; and

Second Proposi

tion: That the defendant did so without the consent of ____[(.) (; and

Third Propos

ition: That the damage to the property was [(more than $10,000) (more than

$100,000).]

[or]

Third Propos

ition: That the damage to the property [(exceeds $500) (exceeding 500 and

not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds

$100,000)][(.) and the damage occurs to [(property of a school) (property of a place of

worship)].)

[5] Firs

t Proposition: That the defendant knowingly deposited [(a stink bomb) ( an

offensive smelling compound)] [(on the land) (in the building)] of ____; and

Second Proposition: That the defendant did so with the intent to interfere with ____'s use

of the [(land) (building)] and

Third Pr

oposition: That the damage to the property [(exceeds $ 500) (exceeding 500 and

not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds $100,000).

[or]

Third Propos

ition: That the damage to the property [(exceeds $500) (exceeding 500 and

not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds

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$100,000)][(.) and the damage occurred to [(property of a school) (property of a place of

worship) (farm equipment) (immovable items of agricultural production) (property which

memorializes or honors a [(group of)] [(police officer(s)) (fire fighter(s))]) (property which

memorializes or honors [(a member) (members)] of the [(United States Armed Forces) (National

Guard)]) (property which memorializes or honors [(a veteran) (veterans)])].

[or]

[6] First

Proposition: That the defendant knowingly damaged any property with intent to

defraud an insurer; and

Second Proposi

tion: That the damage to the property was [(exceeds $ 500) (exceeding

500 and not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds

$100,000)].

[or]

Second Proposi

tion: That the damage to the property [(exceeds $500) (exceeding 500 and

not exceeding $10,000) (exceeding $10,000 and not exceeding $100,000) (exceeds

$100,000)][(.) and the damage occurred to [(property of a school) (property of a place of

worship) (farm equipment) (immovable items of agricultural production) (property which

memorializes or honors a [(group of)] [(police officer(s)) (fire fighter(s))]) (property which

memorializes or honors [(a member) (members)] of the [(United States Armed Forces) (National

Guard)]) (property which memorializes or honors [(a veteran) (veterans)]).

If you fi

nd from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you fi

nd from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

Committe

e Note

Instruct

ion and Committee Note Approved December 1, 2017

720 ILCS 5/

21-1 (West 2017).amended by P.A. 86- 496, effective January 1, 1990; P.A.

86-1254, effective January 1, 1991; and P.A. 88 -406, effective August 20, 1993; P.A. 88-558,

effective January 1, 1995; P.A. 89- 8, effective March 21, 1995;P.A. 91 -360, effective July 29,

1999; P.A. 92- 454, effective January1, 2002; P.A. 94- 509, effective August 9, 2005; P.A. 95 -

553, effective June 1, 2008; P.A. 96- 529, effective August 14, 2009; P.A. 97- 1108, effective

January 1, 2013; and, P.A. 98-315, effective January 1, 2014.

Give Ins

truction 16.01.

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When the charge of criminal damage to property exceeding a specified value is brought,

the statu

te specifically states that 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.

Accordingly, give the final proposition in each set of propositions when the value of the property

exceeds the specified value.

Although not s

pecifically stated in the statute, the same logic would apply to a

determination regarding the enhanced classification for damage to certain specified property.

When the charge alleges an enhanced class of f elony based on damage to a spe cific type of

property, as listed in sections (d)(1)(C),(G), (I), or (J), it is the opinion of the Committee that the

trier of fact should determine, as an issue in the Instruction, if the damaged property is of the

type alleged in the charge. Accordingly , use the applicable bracketed material if paragraph [7]

when the c lass of f elony is enhanced based on an allegation of damage to a specific statutorily

stated type of property. If the value of the property is an issue, then separate definitional

instructions, issues instructions, and verdict forms should be given to permit the jury to resolve

that dispute with its verdict. Under these circumstances, the jury should receive instructions and

verdict forms for both the greater and lesser offenses. In addition , the name of the offense should

be expanded in each definitional instruction, issues instruction, and verdict form so as to

distinguish the greater offense from the lesser offense. For example, if the value of the property

exceeds $300, then this instruction would begin “To sustain the charge of criminal damage to

property in excess of $300, the State must prove . . . .”.

For an offe

nse brought under Section 21-1 (7) use Instruction 16.04. As stated in the