Ill. Pattern Jury Instr. (Criminal) 16.13

A person com

mits the offense of criminal damage to [(State) (government)] supported

property when he

[1] knowingly damages any property supported in whole or in part with [(State funds)

(Federal funds administered or granted through State agencies) (fu nds of a local government or

school district)] without the consent of the State[(.) (; and)]

[or]

[2] knowingly

, by means of [(fire) (explosive)], damages property supported in whole or

in part with [(State funds) (Federal funds administered or granted through State agencies) (funds

of a local government or school district)] [(.) (; and)]

[or]

[3] knowingly

starts a fire on property supported in whole or in part by [(State funds)

(Federal funds administered or granted through State agencies) (funds of a local government or

school district)] without the consent of the State[(.) (; and)]

[or]

[4] knowingly

deposits [(on the land) (in the building)] supported in whole or in part by

[(State funds) (Federal funds administered or granted through State agencies) (funds of a local

government or school district)] without the consent of the State, [(a stink bomb) (any offensive

smelling compound)] with the intent to interfere with the use by another of the [(land)

(building)] [(.) (; and)]

[5] the damage to the property [(exceeds $500) (exceeds $10,000) (exceeds $100,000)].

Committe

e Note

720 ILCS 5/

21-4 (West, 1994) (formerly Ill.Rev.Stat. ch. 38, §21- 4), amended by P.A.

86-1254, effective January 1, 1991<us>; and P.A. 89-31, effective January 1, 1996</us>.

P.A. 89-31 ame

nded Section 21-4 by (1) changing the title of the offense from “Criminal

Damage to State Supported Property” to “Criminal Damage to Government Supported Property,”

and (2) adding that the offense can be committed when property supported by “funds of a local

government or school district” is damaged. However, these changes become effective January 1,

1996, and apply prospectively only.

Do not use ei

ther bracketed alternative “government” or “funds of a local government or

school district” for offenses allegedly occurring before January 1, 1996.

Give I

nstruction 16.14.

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The Committee has included the value of the damage of the property as an issue to be

resolve

d by the jury because Section 21- 4(1) sets forth different penalties depending on the

damage to the property in question. See People v. Mays, 80 Ill.App.3d 340, 399 N.E.2d 718, 35

Ill.Dec. 652 (3d Dist.1980). Accordingly, the Committee has included paragraph [5] which

should be given when the value of the property exceeds $500.

If the am

ount of damage to 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, issue instruction, and verdict form so as to

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

exceeds $500, then this instruction would begin “A person commits the offense of criminal

damage to State supported property in excess of $500 when he ....”

Use appli

cable paragraphs and bracketed material.

The brack

eted numbers are present solely for the guidance of court and counsel and

should not be included in the instruction submitted to the jury.

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