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Illinois Theft Laws
CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 1961.
ARTICLE 16. THEFT AND RELATED OFFENSES |
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1) |
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(2) Obtains by deception control over property of |
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(3) Obtains by threat control over property of the |
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(4) Obtains control over stolen property knowing the |
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(5) Obtains or exerts control over property in the |
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(A) Intends to deprive the owner permanently of |
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(B) Knowingly uses, conceals or abandons the |
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(C) Uses, conceals, or abandons the property |
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(b) Sentence. |
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(1.1) Theft of property not from the person and not |
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(2) A person who has been convicted of theft of |
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(3) (Blank). |
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(4.1) Theft of property from the person not |
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(5) Theft of property exceeding $10,000 and not |
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(5.1) Theft of property exceeding $10,000 and not |
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(6) Theft of property exceeding $100,000 and not |
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(6.1) Theft of property exceeding $100,000 in value |
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(6.2) Theft of property exceeding $500,000 in value |
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(7) Theft by deception, as described by paragraph |
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(c) When a charge of theft of property exceeding a specified value is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value. |
(720 ILCS 5/16-1.1) (from Ch. 38, par. 16-1.1) |
(720 ILCS 5/16-1.2) (from Ch. 38, par. 16-1.2) |
(720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3) |
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(2) "Person with a disability" means a person who |
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(3) "Intimidation" means the communication to an |
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(4) "Deception" means, in addition to its meaning as |
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(c) For purposes of this Section, a person stands in a position of trust and confidence with an elderly person or person with a disability when he (1) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (2) is a joint tenant or tenant in common with the elderly person or person with a disability, (3) has a legal or fiduciary relationship with the elderly person or person with a disability, or (4) is a financial planning or investment professional. |
(720 ILCS 5/16-2) (from Ch. 38, par. 16-2) |
(720 ILCS 5/16-3) (from Ch. 38, par. 16-3) |
(720 ILCS 5/16-3.1) (from Ch. 38, par. 16-3.1) |
(720 ILCS 5/16-4) (from Ch. 38, par. 16-4) |
(720 ILCS 5/16-5) (from Ch. 38, par. 16-5) |
(720 ILCS 5/16-6) (from Ch. 38, par. 16-6) |
(720 ILCS 5/16-7) (from Ch. 38, par. 16-7) |
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(2) Intentionally, knowingly or recklessly sells, |
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(3) Intentionally, knowingly or recklessly offers or |
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(4) Intentionally, knowingly or recklessly transfers |
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(b) As used in this Section and Section 16-8: |
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(2) "Owner" means the person who owns the master |
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(3) "Sound or audio visual recording" means any |
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(4) "Master sound recording" means the original |
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(5) "Unidentified sound or audio visual recording" |
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(6) "Manufacturer" means the person who actually |
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(c) Unlawful use of recorded sounds or images is a Class 4 felony; however: |
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(2) If the offense involves more than 1,000 |
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(d) This Section shall neither enlarge nor diminish the rights of parties in private litigation. |
(720 ILCS 5/16-8) (from Ch. 38, par. 16-8) |
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(2) If the offense involves more than 1,000 |
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(c) Each and every individual manufacture, advertisement or offer for sale, sale, distribution, transportation, vending, circulation, performance, lease, or possession for such purposes, an unidentified sound or audio visual recording constitutes a separate violation of this Section. |
(720 ILCS 5/16-14) (from Ch. 38, par. 16-14) |
(720 ILCS 5/16-15) (from Ch. 38, par. 16-15) |
(720 ILCS 5/16-16) |
(720 ILCS 5/16-16.1) |
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(2) Not being entitled to the possession of not less |
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(3) Not being entitled to the possession of not less |
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(4) Not being entitled to the possession of not less |
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(5) Not being entitled to the possession of more |
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(b) It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted. |
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(2) A person who violates paragraph (2) of |
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(3) A person who violates paragraph (3) of |
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(4) A person who violates paragraph (4) of |
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(5) A person who violates paragraph (5) of |
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(Source: P.A. 91-544, eff. 1-1-00.) |
(720 ILCS 5/16-17) |
(720 ILCS 5/16-18) |
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(2) any communication device which is capable of, or |
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"Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication device or to modify, alter, program or reprogram a communication device to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission or decryption of, a communication service without the express consent or express authorization of the communication service provider, or to knowingly assist others in those activities. |
(720 ILCS 5/16-19) |
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(B) to conceal or to assist another to conceal from |
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(3) modifies, alters, programs or reprograms a communication device for the purposes described in subdivision (2)(A) or (2)(B); |
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(B) material, including hardware, cables, tools, |
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(Source: P.A. 92-728, eff. 1-1-03.) |
(720 ILCS 5/16-20) |
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(2) the violation of Section 16-19 involves at least |
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(3) a person engages in conduct identified in |
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(c) An offense under Section 16-19 is a Class 3 felony if: |
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(2) the violation of Section 16-19 involves more |
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(d) For purposes of grading an offense based upon a prior conviction under Section 16-19 or for any similar crime under subdivisions (b)(1) and (c)(1) of this Section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under Section 16-19 or any similar crime in this or any federal or other state jurisdiction. |
(720 ILCS 5/16-21) |
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(3) award damages as described in subsection (c); |
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(5) as part of a final judgment or decree finding a |
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(c) Types of damages recoverable. Damages awarded by a court under this Section shall be computed as either of the following: |
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(2) Upon election by the complaining party at any |
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(d) For purposes of all civil remedies established for violations of Section 16-19, the prohibited activity established in this Section applies to each unlawful communication or access device and shall be deemed a separate violation. |
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Identity Theft State State Code Statute Title Statute, penalties and restitution Illinois
720 ILCS 5/16G-1 to 720 ILCS 5/16G-40
2007 P.A. 95-60Identity Theft Law
Facilitating identity theft
Transmission of personal identifying information
Identity theft
Aggravated identity theftClass A misdemeanor for first offense and Class 4 felony for subsequent offenses
Class A misdemeanor
(1) A person convicted of identity theft in violation of paragraph (1) of subsection (a) shall be sentenced as follows: (A) identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a Class 3 felony. Identity theft of credit, money, goods, services, or other property not exceeding $300 in value when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 3 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony. A person who has been convicted of identity theft of less than $300 when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a Class 2 felony. When a person has any such prior conviction, the information or indictment charging that person shall state the prior conviction so as to give notice of the state's intention to treat the charge as a Class 3 felony. (B) Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony. Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 2 felony. (C) Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony. Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 1 felony. (D) Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony. Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is a Class X felony. (E) Identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a Class X felony.
(2) A person convicted of any offense enumerated in paragraphs (2) through (7) of subsection (a) is guilty of a Class 3 felony. A person convicted of any offense enumerated in paragraphs (2) through (7) of subsection (a) when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.
(3) A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) a second or subsequent time when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
(4) A person who, within a 12 month period, is found in violation of any offense enumerated in paragraphs (2) through (5) of subsection (a) with respect to the identifiers of 3 or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony. A person who, within a 12 month period, is found in violation of any offense enumerated in paragraphs (2) through (7) of subsection (a) with respect to the identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
(5) A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identification information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine is guilty of a Class 2 felony for a first offense and a Class 1 felony for a second or subsequent offense. A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identification information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony for a first offense and a Class X felony for a second or subsequent offense.
(1) Aggravated identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a Class 3 felony. (2) Aggravated identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony. (3) Aggravated identity theft of credit, money, goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony. 4) Aggravated identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a Class X felony. (5) A person who has been previously convicted of aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.
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Disclaimer
Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender SolutionsT shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!
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