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Illinois Theft Laws


Illinois Theft Laws

 

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 1961.


     (720 ILCS 5/Art. 16 heading)

ARTICLE 16. THEFT AND RELATED OFFENSES

    (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
     Sec. 16-1. Theft.
     (a) A person commits theft when he knowingly:
         (1) Obtains or exerts unauthorized control over

property of the owner; or

        (2) Obtains by deception control over property of

the owner; or

        (3) Obtains by threat control over property of the

owner; or

        (4) Obtains control over stolen property knowing the

property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; or

        (5) Obtains or exerts control over property in the

custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen, and

            (A) Intends to deprive the owner permanently of

the use or benefit of the property; or

            (B) Knowingly uses, conceals or abandons the

property in such manner as to deprive the owner permanently of such use or benefit; or

            (C) Uses, conceals, or abandons the property

knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

    (b) Sentence.
         (1) Theft of property not from the person and not

exceeding $300 in value is a Class A misdemeanor.

        (1.1) Theft of property not from the person and not

exceeding $300 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

        (2) A person who has been convicted of theft of

property not from the person and not exceeding $300 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.

        (3) (Blank).
         (4) Theft of property from the person not exceeding

$300 in value, or theft of property exceeding $300 and not exceeding $10,000 in value, is a Class 3 felony.

        (4.1) Theft of property from the person not

exceeding $300 in value, or theft of property exceeding $300 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

        (5) Theft of property exceeding $10,000 and not

exceeding $100,000 in value is a Class 2 felony.

        (5.1) Theft of property exceeding $10,000 and not

exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

        (6) Theft of property exceeding $100,000 and not

exceeding $500,000 in value is a Class 1 felony.

        (6.1) Theft of property exceeding $100,000 in value

is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

        (6.2) Theft of property exceeding $500,000 in value

is a Class 1 non-probationable felony.

        (7) Theft by deception, as described by paragraph

(2) of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older is a Class 2 felony.

    (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.
(Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)


    (720 ILCS 5/16-1.1) (from Ch. 38, par. 16-1.1)
     Sec. 16-1.1. Theft by lessee; prima facie evidence. It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
(Source: P.A. 89-373, eff. 1-1-96.)


    (720 ILCS 5/16-1.2) (from Ch. 38, par. 16-1.2)
     Sec. 16-1.2. It shall be prima facie evidence of intent that a person "knowingly obtains by deception control over property of the owner" when he fails to return, within 45 days after written demand from the owner, the downpayment and any additional payments accepted under a promise, oral or in writing, to perform services for the owner for consideration of $3,000 or more, and the promisor willfully without good cause failed to substantially perform pursuant to the agreement after taking a downpayment of 10% or more of the agreed upon consideration. This provision shall not apply where the owner initiated the suspension of performance under the agreement, or where the promisor responds to the notice within the 45 day notice period. A notice in writing, addressed and mailed, by registered mail, to the promisor at the last known address of the promisor, shall constitute proper demand.
(Source: P.A. 84-992.)


    (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
     Sec. 16-1.3. Financial exploitation of an elderly person or a person with a disability.
     (a) A person commits the offense of financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
     Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
     (b) For purposes of this Section:
         (1) "Elderly person" means a person 60 years of age

or older.

        (2) "Person with a disability" means a person who

suffers from a permanent physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.

        (3) "Intimidation" means the communication to an

elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.

        (4) "Deception" means, in addition to its meaning as

defined in Section 15-4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.

    (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.
     (d) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
     (e) Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
     (f) It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
     (g) Civil Liability. A person who is charged by information or indictment with the offense of financial exploitation of an elderly person or person with a disability and who fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. The burden of proof that the defendant unlawfully obtained the victim's property shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been convicted of the offense.
(Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)


    (720 ILCS 5/16-2) (from Ch. 38, par. 16-2)
     Sec. 16-2. Theft of lost or mislaid property.
     A person who obtains control over lost or mislaid property commits theft when he:
     (a) Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner, and
     (b) Fails to take reasonable measures to restore the property to the owner, and
     (c) Intends to deprive the owner permanently of the use or benefit of the property.
     (d) Sentence.
     Theft of lost or mislaid property is a petty offense.
(Source: P. A. 78-255.)


    (720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
     Sec. 16-3. (a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.
     (b) A person commits theft when after renting or leasing a motor vehicle, obtaining a motor vehicle through a "driveaway" service mode of transportation or renting or leasing any other type of personal property exceeding $500 in value, under an agreement in writing which provides for the return of the vehicle or other personal property to a particular place at a particular time, he without good cause wilfully fails to return the vehicle or other personal property to that place within the time specified, and is thereafter served or sent a written demand mailed to the last known address, made by certified mail return receipt requested, to return such vehicle or other personal property within 3 days from the mailing of the written demand, and who without good cause wilfully fails to return the vehicle or any other personal property to any place of business of the lessor within such period.
     (c) Sentence.
     A person convicted of theft under subsection (a) of this Section is guilty of a Class A misdemeanor. A person convicted of theft under subsection (b) of this Section is guilty of a Class 4 felony.
(Source: P.A. 84-800.)


    (720 ILCS 5/16-3.1) (from Ch. 38, par. 16-3.1)
     Sec. 16-3.1. False Report of Theft and Other Losses. (a) A person who knowingly makes a false report of a theft, destruction, damage or conversion of any property to a law enforcement agency or other governmental agency with the intent to defraud an insurer is guilty of a Class A misdemeanor.
     (b) A person convicted of a violation of this Section a second or subsequent time is guilty of a Class 4 felony.
(Source: P.A. 83-1004.)


    (720 ILCS 5/16-4) (from Ch. 38, par. 16-4)
     Sec. 16-4. Offender's interest in the property.
     (a) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.
     (b) Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.
(Source: Laws 1961, p. 1983.)


    (720 ILCS 5/16-5) (from Ch. 38, par. 16-5)
     Sec. 16-5. Theft from coin operated machines.
     (a) A person commits theft from a coin-operated machine when he knowingly and without authority and with intent to commit a theft from such machine opens, breaks into, tampers with, or damages a coin-operated machine.
     (b) As used in this Section, the term "coin-operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer.
     (c) Sentence. A person convicted of theft from a coin-operated machine shall be guilty of a Class A misdemeanor. A person who has been convicted of theft from a coin-operated machine and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion is guilty of a Class 4 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
(Source: P.A. 90-655, eff. 7-30-98.)


    (720 ILCS 5/16-6) (from Ch. 38, par. 16-6)
     Sec. 16-6. Coin operated machines; possession of a key or device.
     (a) A person who possesses a key, a tool, an instrument, an explosive, a device, a substance, or a drawing, print, or mold of a key, a tool, an instrument, an explosive, a device, or a substance designed to open, break into, tamper with, or damage a coin-operated machine as defined in paragraph (b) of Section 16-5 of this Act, with intent to commit a theft from the machine, is guilty of a Class A misdemeanor. A person using any of the devices or substances listed in this subsection (a) with the intent to commit a theft from a coin-operated machine and who causes damage or loss to the coin-operated machine of more than $300 is guilty of a Class 4 felony.
     (b) The owner of a coin-operated machine may maintain a civil cause of action against a person engaged in the activities covered in this Section and may recover treble actual damages, reasonable attorney's fees, and costs.
     (c) As used in this Section, "substance" means a corrosive or acidic liquid or solid but does not include items purchased through a coin-operated machine at the location or acquired as condiments at the location of the coin-operated machine.
(Source: P.A. 89-32, eff. 1-1-96.)

 

    (720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
     Sec. 16-7. Unlawful use of recorded sounds or images.
     (a) A person commits unlawful use of recorded sounds or images when he:
         (1) Intentionally, knowingly or recklessly transfers

or causes to be transferred without the consent of the owner, any sounds or images recorded on any sound or audio visual recording with the purpose of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred.

        (2) Intentionally, knowingly or recklessly sells,

offers for sale, advertises for sale, uses or causes to be used for profit any such article described in subsection 16-7(a)(1) without consent of the owner.

        (3) Intentionally, knowingly or recklessly offers or

makes available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of Section 16-8.

        (4) Intentionally, knowingly or recklessly transfers

or causes to be transferred without the consent of the owner, any live performance with the purpose of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.

    (b) As used in this Section and Section 16-8:
         (1) "Person" means any individual, partnership,

corporation, association or other entity.

        (2) "Owner" means the person who owns the master

sound recording on which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance.

        (3) "Sound or audio visual recording" means any

sound or audio visual phonograph record, disc, pre-recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.

        (4) "Master sound recording" means the original

physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.

        (5) "Unidentified sound or audio visual recording"

means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.

        (6) "Manufacturer" means the person who actually

makes or causes to be made a sound or audio visual recording. The term manufacturer does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.

    (c) Unlawful use of recorded sounds or images is a Class 4 felony; however:
         (1) If the offense involves more than 100 but not

exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and

        (2) If the offense involves more than 1,000

unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.

    (d) This Section shall neither enlarge nor diminish the rights of parties in private litigation.
     (e) This Section does not apply to any person engaged in the business of radio or television broadcasting who transfers, or causes to be transferred, any sounds (other than from the sound track of a motion picture) solely for the purpose of broadcast transmission.
     (f) If any provision or item of this Section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Section which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Section are hereby declared severable.
     (g) Each and every individual manufacture, distribution or sale or transfer for a consideration of such recorded devices in contravention of this Section constitutes a separate violation of this Section.
     (h) Any sound or audio visual recordings containing transferred sounds or a performance whose transfer was not authorized by the owner of the master sound recording or performance, in violation of this Section, or in the attempt to commit such violation as defined in Section 8-2, or in a solicitation to commit such offense as defined in Section 8-1, may be confiscated and destroyed upon conclusion of the case or cases to which they are relevant, except that the Court may enter an order preserving them as evidence for use in other cases or pending the final determination of an appeal.
     (i) It is an affirmative defense to any charge of unlawful use of recorded sounds or images that the recorded sounds or images so used are public domain material. For purposes of this Section, recorded sounds are deemed to be in the public domain if the recorded sounds were copyrighted pursuant to the copyright laws of the United States, as the same may be amended from time to time, and the term of the copyright and any extensions or renewals thereof has expired.
(Source: P.A. 95-485, eff. 1-1-08.)


    (720 ILCS 5/16-8) (from Ch. 38, par. 16-8)
     Sec. 16-8. Unlawful use of unidentified sound or audio visual recordings.
     (a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, advertises or offers for sale, sells, distributes, transports, vends, circulates, performs, leases, or possesses for such purposes, unidentified sound or audio visual recordings or causes the manufacture, advertisement or offer for sale, sale, distribution, transportation, vending, circulation, performance, lease, or possession for such purposes, unidentified sound or audio visual recordings.
     (b) Unlawful use of unidentified sound or audio visual recordings is a Class 4 felony; however:
         (1) If the offense involves more than 100 but not

exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and

        (2) If the offense involves more than 1,000

unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.

    (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.
     (c-5) Upon conviction of any violation of this Section, the offender shall be sentenced to make restitution to any owner or lawful producer of a master sound or audio visual recording, or to the trade association representing such owner or lawful producer, that has suffered injury resulting from the crime. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized sound or audio visual recordings corresponding to the non-conforming recorded devices involved in the offense, and shall include investigative costs relating to the offense.
     (d) If any provision or item of this Section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Section which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Section are hereby declared severable.
     (e) Any unidentified sound or audio visual recording used in violation of this Section, or in the attempt to commit such violation as defined in Section 8-4, or in a conspiracy to commit such violation as defined in Section 8-2, or in a solicitation to commit such offense as defined in Section 8-1, may be confiscated and destroyed upon conclusion of the case or cases to which they are relevant, except that the Court may enter an order preserving them as evidence for use in other cases or pending the final determination of an appeal.
(Source: P.A. 95-485, eff. 1-1-08.)

 

 

    (720 ILCS 5/16-14) (from Ch. 38, par. 16-14)
     Sec. 16-14. (a) A person commits the offense of unlawful interference with public utility services when he or she knowingly, without the consent of the owner of the services, impairs or interrupts any public water, gas or power supply, telecommunications service, wireless service, or other public services, or diverts, or causes to be diverted in whole or in part, any public water, gas, or power supply, telecommunications service, wireless service, or other public services, or installs or removes any device for the purpose of such diversion, or knowingly delays restoration of such public services, as a result of the person's theft of wire used for such services.
     (b) The terms "public water, gas, or power supply, or other public services" mean any service subject to regulation by the Illinois Commerce Commission; any service furnished by a public utility that is owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State; any service furnished by any public utility that is owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act; or wireless service or other service regulated by the Federal Communications Commission.
     (c) Any instrument, apparatus, or device used in obtaining utility services without paying the full charge therefore or any meter that has been altered, tampered with, or bypassed so as to cause a lack of measurement or inaccurate measurement of utility services on premises controlled by the customer or by the person using or receiving the direct benefit of utility service at that location shall raise a rebuttable presumption of the commission of the offense described in subparagraph (a) by such person.
     (d) (1) A person convicted of unlawful interference with public utility services is guilty of a Class A misdemeanor unless the offense was committed for remuneration, in which case it is a Class 4 felony.
     (2) After a first conviction of unlawful interference with public utility services any subsequent conviction shall be a Class 4 felony.
     (3) If the disruption of the public utility services or the delay in the restoration of the public utility services occurs to 10 or more customers or affects an area of more than one square mile, unlawful interference with public utility services is a Class 2 felony.
(Source: P.A. 95-323, eff. 1-1-08.)


    (720 ILCS 5/16-15) (from Ch. 38, par. 16-15)
     Sec. 16-15. (a) A person commits unlawful use of a theft detection shielding device when he knowingly manufactures, sells, offers for sale or distributes any laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
     (b) A person commits unlawful possession of a theft detection shielding device when he knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft or retail theft.
     (c) A person commits unlawful possession of a theft detection device remover when he knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding said merchandise.
     (d) Any person convicted for the first time of violating the provisions of subsection (a), (b), or (c) of this Section is guilty of a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.
(Source: P.A. 91-357, eff. 7-29-99.)


    (720 ILCS 5/16-16)
     Sec. 16-16. Possession of a stolen firearm.
     (a) A person commits possession of a stolen firearm when he or she, not being entitled to the possession of a firearm, possesses or delivers the firearm, knowing it to have been stolen or converted. 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.
     (b) Possession of a stolen firearm is a Class 2 felony.
(Source: P.A. 91-544, eff. 1-1-00.)


    (720 ILCS 5/16-16.1)
     Sec. 16-16.1. Aggravated possession of a stolen firearm.
     (a) A person commits aggravated possession of a stolen firearm when he or she:
         (1) Not being entitled to the possession of not less

than 2 and not more than 5 firearms, possesses or delivers those firearms at the same time or within a one year period, knowing the firearms to have been stolen or converted.

        (2) Not being entitled to the possession of not less

than 6 and not more than 10 firearms, possesses or delivers those firearms at the same time or within a 2 year period, knowing the firearms to have been stolen or converted.

        (3) Not being entitled to the possession of not less

than 11 and not more than 20 firearms, possesses or delivers those firearms at the same time or within a 3 year period, knowing the firearms to have been stolen or converted.

        (4) Not being entitled to the possession of not less

than 21 and not more than 30 firearms, possesses or delivers those firearms at the same time or within a 4 year period, knowing the firearms to have been stolen or converted.

        (5) Not being entitled to the possession of more

than 31 firearms, possesses or delivers those firearms at the same time or within a 5 year period, knowing the firearms to have been stolen or converted.

    (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.
     (c) Sentence.
         (1) A person who violates paragraph (1) of

subsection (a) of this Section commits a Class 1 felony.

        (2) A person who violates paragraph (2) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years.

        (3) A person who violates paragraph (3) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years.

        (4) A person who violates paragraph (4) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years.

        (5) A person who violates paragraph (5) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years.

(Source: P.A. 91-544, eff. 1-1-00.)


    (720 ILCS 5/16-17)
     Sec. 16-17. Theft of advertising services.
     (a) In this Section, "unauthorized advertisement" means any form of representation or communication, including any handbill, newsletter, pamphlet, or notice that contains any letters, words, or pictorial representation that is attached to or inserted in a newspaper or periodical without a contractual agreement between the publisher and an advertiser.
     (b) Any person who knowingly attaches or inserts an unauthorized advertisement in a newspaper or periodical, and who redistributes it to the public or who has the intent to redistribute it to the public, is guilty of the offense of theft of advertising services.
     (c) Sentence. Theft of advertising services is a Class A misdemeanor.
     (d) This Section applies to any newspaper or periodical that is offered for retail sale or is distributed without charge.
     (e) This Section does not apply if the publisher or authorized distributor of the newspaper or periodical consents to the attachment or insertion of the advertisement.
(Source: P.A. 92-428, eff. 8-17-01.)


    (720 ILCS 5/16-18)
     Sec. 16-18. Unlawful communication and access devices; definitions. As used in Sections 16-19, 16-20, and 16-21, unless the context otherwise indicates:
     "Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet-based, data transmission, or wireless distribution network, system or facility; or any part, accessory, or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any communication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals, or services.
     "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of signs, signals, data, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones or a wire, wireless, radio, electromagnetic, photo-electronic or photo-optical system; and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet-based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies.
     "Communication service provider" means: (1) any person or entity providing any communication service, whether directly or indirectly, as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (2) any person or entity owning or operating any cable television, fiber optic, satellite, telephone, wireless, microwave, radio, data transmission or Internet-based distribution network, system or facility; and (3) any person or entity providing any communication service directly or indirectly by or through any such distribution system, network or facility.
     "Unlawful communication device" means any electronic serial number, mobile identification number, personal identification number or any communication device that is capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider, or that has been altered, modified, programmed or reprogrammed, alone or in conjunction with another communication device or other equipment, to so acquire or facilitate the unauthorized acquisition of a communication service. "Unlawful communication device" also means:
         (1) any phone altered to obtain service without the

express consent or express authorization of the communication service provider, tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip or other instrument capable of disguising its identity or location or of gaining unauthorized access to a communications system operated by a communication service provider; and

        (2) any communication device which is capable of, or

has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another communication device or devices, so as to be capable of, facilitating the disruption, acquisition, receipt, transmission or decryption of a communication service without the express consent or express authorization of the communication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to or acquisition of any communication service provided by any communication service provider.

    "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.
     "Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software which is primarily possessed, used, designed, assembled, manufactured, sold, distributed or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions to protect any such communication, audio or video services, programs or transmissions from unauthorized access, acquisition, receipt, decryption, disclosure, communication, transmission or re-transmission.
     "Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re-program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re-transmission.
(Source: P.A. 92-728, eff. 1-1-03.)


    (720 ILCS 5/16-19)
     Sec. 16-19. Prohibited acts. A person commits an offense if he or she knowingly:
     (1) obtains or uses a communication service without the authorization of, or compensation paid to, the communication service provider, or assists or instructs any other person in doing so with intent to defraud the communication service provider;
     (2) possesses, uses, manufactures, assembles, distributes, leases, transfers, or sells, or offers, promotes or advertises for sale, lease, use, or distribution an unlawful communication device:
         (A) for the commission of a theft of a communication

service or to receive, disrupt, transmit, decrypt, or acquire, or facilitate the receipt, disruption, transmission, decryption or acquisition, of any communication service without the express consent or express authorization of the communication service provider; or

        (B) to conceal or to assist another to conceal from

any communication service provider or from any lawful authority the existence or place of origin or destination of any communication;

    (3) modifies, alters, programs or reprograms a communication device for the purposes described in subdivision (2)(A) or (2)(B);
     (4) possesses, uses, manufactures, assembles, leases, distributes, sells, or transfers, or offers, promotes or advertises for sale, use or distribution, any unlawful access device; or
     (5) possesses, uses, prepares, distributes, gives or otherwise transfers to another or offers, promotes, or advertises for sale, use or distribution any:
         (A) plans or instructions for making or assembling

an unlawful communication or access device, under circumstances evidencing an intent to use or employ the unlawful communication or access device, or to allow the same to be used or employed, for a purpose prohibited by this Section, or knowing or having reason to believe that the plans or instructions are intended to be used for manufacturing or assembling the unlawful communication or access device for a purpose prohibited by this Section; or

        (B) material, including hardware, cables, tools,

data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or assembly of an unlawful communication or access device for a purpose prohibited by this Section.

(Source: P.A. 92-728, eff. 1-1-03.)


    (720 ILCS 5/16-20)
     Sec. 16-20. Criminal penalties.
     (a) Except for violations of Section 16-19 as provided for in subsection (b) or (c) of this Section, a person who violates Section 16-19 is guilty of a Class A misdemeanor.
     (b) An offense under Section 16-19 is a Class 4 felony if:
         (1) the defendant has been convicted previously

under Section 16-19 or convicted of any similar crime in this or any federal or other state jurisdiction; or

        (2) the violation of Section 16-19 involves at least

10, but not more than 50, unlawful communication or access devices; or

        (3) a person engages in conduct identified in

subdivision (3) of Section 16-19 for the purpose of, and with the intention of, substantially disrupting and impairing the ability of a communication service provider to deliver communication services to its lawful customers or subscribers.

    (c) An offense under Section 16-19 is a Class 3 felony if:
         (1) the defendant has been convicted previously on 2

or more occasions for offenses under Section 16-19 or for any similar crime in this or any federal or other state jurisdiction; or

        (2) the violation of Section 16-19 involves more

than 50 unlawful communication or access devices.

    (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.
     (e) As provided for in subdivisions (b)(1) and (c)(1) of this Section, in grading an offense under Section 16-19 based upon a prior conviction, the term "any similar crime" shall include, but not be limited to, offenses involving theft of service or fraud, including violations of the Cable Communications Policy Act of 1984 (Public Law 98-549, 98 Stat. 2779).
     (f) Separate offenses. For purposes of all criminal penalties or fines established for violations of Section 16-19, the prohibited activity established in Section 16-19 as it applies to each unlawful communication or access device shall be deemed a separate offense.
     (g) Fines. For purposes of imposing fines upon conviction of a defendant for an offense under Section 16-19, all fines shall be imposed in accordance with Article 9 of Chapter V of the Unified Code of Corrections.
     (h) Restitution. The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating Section 16-19 to make restitution in the manner provided in Article 5 of Chapter V of the Unified Code of Corrections.
     (i) Forfeiture of unlawful communication or access devices. Upon conviction of a defendant under Section 16-19, the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful communication or access devices in the defendant's possession or control which were involved in the violation for which the defendant was convicted.
     (j) Venue. An offense under Section 16-19 may be deemed to have been committed at either the place where the defendant manufactured or assembled an unlawful communication or access device, or assisted others in doing so, or the place where the unlawful communication or access device was sold or delivered to a purchaser or recipient. It is not a defense to a violation of Section 16-19 that some of the acts constituting the offense occurred outside of the State of Illinois.
(Source: P.A. 92-728, eff. 1-1-03; 93-701, eff. 7-9-04.)


    (720 ILCS 5/16-21)
     Sec. 16-21. Civil actions.
     (a) Any person aggrieved by a violation of Section 16-19 may bring a civil action in any court of competent jurisdiction.
     (b) The court may:
         (1) grant preliminary and final injunctions to

prevent or restrain violations of Section 16-19 without a showing by the plaintiff of special damages, irreparable harm or inadequacy of other legal remedies;


         (2) at any time while an action is pending, order

the impounding, on such terms as it deems reasonable, of any unlawful communication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of Section 16-19;

        (3) award damages as described in subsection (c);
         (4) in its discretion, award reasonable attorney's

fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and

        (5) as part of a final judgment or decree finding a

violation of Section 16-19, order the remedial modification or destruction of any unlawful communication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (2) of this subsection (b).

    (c) Types of damages recoverable. Damages awarded by a court under this Section shall be computed as either of the following:
         (1) Upon his or her election of such damages at any

time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation of Section 16-19 and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his or her deductible expenses and the elements of profit attributable to factors other than the violation; or

        (2) Upon election by the complaining party at any

time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of not less than $250 and not more than $10,000 for each unlawful communication or access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just. In any case, if the court finds that any of the violations of Section 16-19 were committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful communication or access device involved in the action.

    (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.
(Source: P.A. 92-728, eff. 1-1-03.)


    (720 ILCS 5/16-22)
     Sec. 16-22. Tampering with a security, fire, or life safety system.
     (a) A person commits the offense of tampering with a security, fire, or life safety system when he or she knowingly damages, sabotages, destroys, or causes a permanent or temporary malfunction in any physical or electronic security, fire, or life safety system or any component part of any of those systems including, but not limited to, card readers, magnetic stripe readers, Wiegand card readers, smart card readers, proximity card readers, digital keypads, keypad access controls, digital locks, electromagnetic locks, electric strikes, electronic exit hardware, exit alarm systems, delayed egress systems, biometric access control equipment, intrusion detection systems and sensors, burglar alarm systems, wireless burglar alarms, silent alarms, duress alarms, hold-up alarms, glass break detectors, motion detectors, seismic detectors, glass shock sensors, magnetic contacts, closed circuit television (CCTV), security cameras, digital cameras, dome cameras, covert cameras, spy cameras, hidden cameras, wireless cameras, network cameras, IP addressable cameras, CCTV camera lenses, video cassette recorders, CCTV monitors, CCTV consoles, CCTV housings and enclosures, CCTV pan-and-tilt devices, CCTV transmission and signal equipment, wireless video transmitters, wireless video receivers, radio frequency (RF) or microwave components, or both, infrared illuminators, video motion detectors, video recorders, time lapse CCTV recorders, digital video recorders (DVRs), digital image storage systems, video converters, video distribution amplifiers, video time-date generators, multiplexers, switchers, splitters, fire alarms, smoke alarm systems, smoke detectors, flame detectors, fire detection systems and sensors, fire sprinklers, fire suppression systems, fire extinguishing systems, public address systems, intercoms, emergency telephones, emergency call boxes, emergency pull stations, telephone entry systems, video entry equipment, annunciators, sirens, lights, sounders, control panels and components, and all associated computer hardware, computer software, control panels, wires, cables, connectors, electromechanical components, electronic modules, fiber optics, filters, passive components, and power sources including batteries and back-up power supplies.
     (b) Sentence. A violation of this Section is a Class 4 felony.

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. 95-60

Identity Theft Law
Facilitating identity theft
Transmission of personal identifying information
Identity theft


























































































Aggravated identity theft

Class 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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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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