(720 ILCS 5/17-43) Sec. 17-43. Prohibited deposits. (a) A person who, with intent to
defraud the issuer of a credit card or debit card or any person providing an item or items of value, or any other person,
deposits into his or her account or any account, via an electronic fund transfer
terminal, a check, draft, money order, or other such document, knowing
such document to be false, fictitious, forged, altered, counterfeit, or not
his or her lawful or legal property, is guilty of
a Class 4 felony. (b) A person who receives value as a result of a false, fictitious,
forged, altered, or counterfeit check, draft, money order, or other
such document having been deposited into an account via an electronic fund
transfer terminal, knowing at the time of receipt of the value that the
document so deposited was false, fictitious, forged, altered, counterfeit,
or not his or her lawful or legal property, is
guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-44) Sec. 17-44. Fraudulent use of electronic transmission. (a) A person
who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other
person, intercepts, taps, or alters electronic information between an
electronic fund transfer terminal and the issuer, or originates electronic
information to an electronic fund transfer terminal or to the issuer, via
any line, wire, or other means of electronic transmission, at any
junction, terminal, or device, or at any location within the EFT System,
with the intent to obtain value, is
guilty of a Class 4 felony. (b) Any person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or
any other person, intercepts, taps, or alters electronic information
between an electronic fund transfer terminal and the issuer, or originates
electronic information to an electronic fund transfer terminal or to the
issuer, via any line, wire, or other means of electronic transmission, at
any junction, terminal, or device, or at any location within the EFT System,
and thereby causes funds to be transferred from one account to any other
account, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-45) Sec. 17-45. Payment of charges without furnishing item of value. (a) No person shall process, deposit, negotiate, or obtain payment of a
credit card charge through a retail seller's account with a financial
institution or through a retail seller's agreement with a financial
institution, card issuer, or organization of financial institutions or card
issuers if that retail seller did not furnish or agree to furnish the
item or items of value that are the subject of the credit
card charge. (b) No retail seller shall permit any person to process, deposit,
negotiate, or obtain payment of a credit card charge through the retail
seller's account with a financial institution or the retail seller's
agreement with a financial institution, card issuer, or
organization of financial institutions or card issuers if that retail
seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge. (c) Subsections (a) and (b) do not apply to any of the following: (1) A person who furnishes goods or services on the |
| business premises of a general merchandise retail seller and who processes, deposits, negotiates, or obtains payment of a credit card charge through that general merchandise retail seller's account or agreement.
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|
(2) A general merchandise retail seller who permits a
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| person described in paragraph (1) to process, deposit, negotiate, or obtain payment of a credit card charge through that general merchandise retail seller's account or agreement.
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(3) A franchisee who furnishes the cardholder with an
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| item or items of value that are provided in whole or in part by the franchisor and who processes, deposits, negotiates, or obtains payment of a credit card charge through that franchisor's account or agreement.
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(4) A franchisor who permits a franchisee described
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| in paragraph (3) to process, deposit, negotiate, or obtain payment of a credit card charge through that franchisor's account or agreement.
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(5) The credit card issuer or a financial institution
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| or a parent, subsidiary, or affiliate of the card issuer or a financial institution.
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(6) A person who processes, deposits, negotiates, or
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| obtains payment of less than $500 of credit card charges in any one-year period through a retail seller's account or agreement. The person has the burden of producing evidence that the person transacted less than $500 in credit card charges during any one-year period.
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(7) A telecommunications carrier that includes
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| charges of other parties in its billings to its subscribers and those other parties whose charges are included in the billings of the telecommunications carrier to its subscribers.
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|
(d) A person injured by a violation of this Section may bring an
action for the recovery of damages, equitable relief, and reasonable
attorney's fees and costs.
(e) A person who violates this Section is guilty of a business offense
and shall be fined $10,000 for each offense.
Each occurrence in which a person processes, deposits, negotiates, or
otherwise seeks to obtain payment of a credit card charge in violation of
subsection (a) constitutes a separate offense.
(f) The penalties and remedies provided in this Section are in addition
to any other remedies or penalties provided by law.
(g) As used in this Section:
"Franchisor" and "franchisee" have the same meanings as in Section
3 of the Franchise Disclosure Act of 1987.
"Retail seller" has the same meaning as in Section 2.4 of the
Retail Installment Sales Act.
"Telecommunications carrier" has the same meaning as in Section
13-202 of the Public Utilities Act.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
Sec. 17-50. Computer fraud. (a) A person commits computer
fraud when he or she knowingly:
(1) Accesses or causes to be accessed a computer or |
| any part thereof, or a program or data, with the intent of devising or executing any scheme or artifice to defraud, or as part of a deception;
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|
(2) Obtains use of, damages, or destroys a computer
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| or any part thereof, or alters, deletes, or removes any program or data contained therein, in connection with any scheme or artifice to defraud, or as part of a deception; or
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(3) Accesses or causes to be accessed a computer or
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| any part thereof, or a program or data, and obtains money or control over any such money, property, or services of another in connection with any scheme or artifice to defraud, or as part of a deception.
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|
(b) Sentence.
(1) A violation of subdivision (a)(1) of this Section
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|
(2) A violation of subdivision (a)(2) of this Section
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(3) A violation of subdivision (a)(3) of this Section:
(i) is a Class 4 felony if the value of the
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| money, property, or services is $1,000 or less; or
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|
(ii) is a Class 3 felony if the value of the
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| money, property, or services is more than $1,000 but less than $50,000; or
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(iii) is a Class 2 felony if the value of the
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| money, property, or services is $50,000 or more.
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|
(c) Forfeiture of property. Any person who commits computer
fraud as set forth in subsection (a) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
Sec. 17-51. Computer tampering.
(a) A person commits
computer tampering when he or she knowingly and without the authorization of a
computer's owner or in excess of
the authority granted to him or her:
(1) Accesses or causes to be accessed a computer or |
| any part thereof, a computer network, or a program or data;
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|
(2) Accesses or causes to be accessed a computer or
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| any part thereof, a computer network, or a program or data, and obtains data or services;
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(3) Accesses or causes to be accessed a computer or
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| any part thereof, a computer network, or a program or data, and damages or destroys the computer or alters, deletes, or removes a computer program or data;
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|
(4) Inserts or attempts to insert a program into a
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| computer or computer program knowing or having reason to know that such program contains information or commands that will or may:
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(A) damage or destroy that computer, or any other
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| computer subsequently accessing or being accessed by that computer;
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(B) alter, delete, or remove a computer program
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| or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer; or
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(C) cause loss to the users of that computer or
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| the users of a computer which accesses or which is accessed by such program; or
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(5) Falsifies or forges electronic mail transmission
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| information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
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(a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or
otherwise
distribute or possess with the intent to sell, give, or distribute software
which:
(1) is primarily designed or produced for the purpose
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| of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
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(2) has only a limited commercially significant
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| purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
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(3) is marketed by that person or another acting in
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| concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
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(a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a
computer's owner if:
(1) the owner authorizes patrons, customers, or
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| guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner;
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(2) the owner authorizes the public to access the
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| computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner; or
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(3) the person accesses the computer network in
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| compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
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|
(b) Sentence.
(1) A person who commits computer tampering as set
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| forth in subdivision (a)(1) or (a)(5) or subsection (a-5) of this Section is guilty of a Class B misdemeanor.
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|
(2) A person who commits computer tampering as set
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| forth in subdivision (a)(2) of this Section is guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.
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(3) A person who commits computer tampering as set
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| forth in subdivision (a)(3) or (a)(4) of this Section is guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.
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(4) If an injury arises from the transmission of
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| unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
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|
(5) If an injury arises from the transmission of
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| unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.
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(6) The provisions of this Section shall not be
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| construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
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(c) Whoever suffers loss by reason of a violation of subdivision (a)(4)
of this Section may, in a civil action against the violator, obtain
appropriate relief. In
a civil action under this Section, the court may award to the prevailing
party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)
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(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) Sec. 17-52.5. Unlawful use of encryption. (a) For the purpose of this Section: "Computer" has the meaning ascribed to the term in |
|
"Encryption" means the use of any protective or
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| disruptive measure, including, without limitation, cryptography, enciphering, encoding, or a computer contaminant, to: (1) prevent, impede, delay, or disrupt access to any data, information, image, program, signal, or sound; (2) cause or make any data, information, image, program, signal, or sound unintelligible or unusable; or (3) prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network.
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|
"Network" means a set of related, remotely connected
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| devices and facilities, including more than one system, with the capability to transmit data among any of the devices and facilities. The term includes, without limitation, a local, regional, or global computer network.
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"Program" means an ordered set of data representing
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| coded instructions or statements which can be executed by a computer and cause the computer to perform one or more tasks.
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|
"System" means a set of related equipment, whether or
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| not connected, which is used with or for a computer.
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|
(b) A person shall not knowingly use or attempt to use encryption, directly or indirectly, to:
(1) commit, facilitate, further, or promote any
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|
(2) aid, assist, or encourage another person to
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| commit any criminal offense;
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(3) conceal evidence of the commission of any
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(4) conceal or protect the identity of a person who
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| has committed any criminal offense.
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(c) Telecommunications carriers and information service providers are not liable under this Section, except for willful and wanton misconduct, for providing encryption services used by others in violation of this Section.
(d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, unless the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law. If the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law, the person shall be punished as prescribed by law for that offense.
(e) A person who violates this Section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted under this Section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this Section.
(Source: P.A. 101-87, eff. 1-1-20 .)
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(720 ILCS 5/17-55) Sec. 17-55. Definitions. For the purposes of this subdivision 30: In addition to its meaning as defined in Section 15-1 of this Code,
"property" means: (1) electronic impulses;
(2) electronically produced data; (3) confidential, copyrighted, or proprietary
information; (4) private identification codes or numbers which permit access to
a computer by authorized computer users or generate billings to consumers
for purchase of goods and services, including but not limited to credit
card transactions and telecommunications services or permit electronic fund
transfers; (5) software or programs in either machine or human readable
form; or (6) any other tangible or intangible item relating to a computer
or any part thereof. "Access" means to use, instruct, communicate with, store data
in, retrieve or intercept data from, or otherwise utilize any services
of, a computer, a network, or data. "Services" includes but is not limited to computer time, data
manipulation, or storage functions. "Vital services or operations" means those services or operations
required to provide, operate, maintain, and repair network cabling,
transmission, distribution, or computer facilities necessary to ensure or
protect the public health, safety, or welfare. Those services or operations include, but are not limited to, services provided by medical
personnel or institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia personnel, private
and public utility companies, or law enforcement agencies.
(Source: P.A. 101-87, eff. 1-1-20 .) |
(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3) Sec. 17-56. Financial exploitation of an elderly person or a person with a disability. (a) A person commits 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: (1) by deception or intimidation obtains control over |
| the property of an elderly person or a person with a disability; or
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|
(2) illegally uses the assets or resources of an
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| elderly person or a person with a disability.
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|
(b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is 70 years of age or older 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.
(c) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age
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|
(2) "Person with a disability" means a person who
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| suffers from a 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.
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|
(3) "Intimidation" means the communication to an
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| 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 or conduct as provided in Section 12-6 of this Code.
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|
(4) "Deception" means, in addition to its meaning as
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| 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.
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|
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.
A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust.
(d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
(e) Good faith efforts. 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) Not a defense. 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. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent.
(g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability 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. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability.
(h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.
(Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24 .)
|
(720 ILCS 5/17-57) (was 720 ILCS 5/17-28) Sec. 17-57. Defrauding drug and alcohol screening tests. (a) It is unlawful for a person to: (1) manufacture, sell, give away, distribute, or |
| market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test;
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|
(2) substitute or spike a sample or advertise a
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| sample substitution or other spiking device or measure, with the intent of attempting to foil or defeat a drug or alcohol screening test;
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|
(3) adulterate synthetic or human substances with the
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| intent to defraud a drug or alcohol screening test; or
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|
(4) manufacture, sell, or possess adulterants that
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| are intended to be used to adulterate synthetic or human substances with the intent of defrauding a drug or alcohol screening test.
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|
(b) The trier of fact may infer intent to violate this Section if a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products.
(c) Sentence. A violation of this Section is a Class 4 felony for which the court shall impose a minimum fine of $1,000.
(d) For the purposes of this Section, "drug or alcohol screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
Sec. 18-1. Robbery; aggravated robbery.
(a) Robbery. A person commits robbery when he or she knowingly takes property, except a
motor vehicle covered by Section 18-3 or 18-4,
from the person or presence of another by the use of force or by
threatening the imminent use of force.
(b) Aggravated robbery. (1) A person commits aggravated robbery when he or |
| she violates subsection (a) while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense shall be applicable even though it is later determined that he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her possession when he or she committed the robbery.
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|
(2) A person commits aggravated robbery when he or
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| she knowingly takes property from the person or presence of another by delivering (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.
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|
(c) Sentence.
Robbery is a Class 2 felony, unless the victim is 60 years of age
or over or is a person with a physical disability, or the robbery is
committed
in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, in which case robbery is a Class 1 felony. Aggravated robbery is a Class 1 felony.
(d) Regarding penalties prescribed in subsection
(c) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether
children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2.
Armed robbery.
(a) A person commits armed robbery when he or she violates Section 18-1;
and
(1) he or she carries on or about his or her person |
| or is otherwise armed with a dangerous weapon other than a firearm; or
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|
(2) he or she carries on or about his or her person
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| or is otherwise armed with a firearm; or
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|
(3) he or she, during the commission of the offense,
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| personally discharges a firearm; or
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|
(4) he or she, during the commission of the offense,
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| personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
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|
(b) Sentence.
Armed robbery
in violation of subsection (a)(1)
is a Class X felony.
A violation of subsection (a)(2) is a Class X felony for which 15 years shall
be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(3) is a Class X felony for which 20 years shall be added to the
term of imprisonment imposed by the court. A violation of subsection (a)(4) is
a Class X felony for which 25 years or up to a term of natural life shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 91-404, eff. 1-1-00 .)
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(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he or she violates
Section 18-3; and
(1) the person from whose immediate presence the |
| motor vehicle is taken is a person with a physical disability or a person 60 years of age or over; or
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|
(2) a person under 16 years of age is a passenger in
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| the motor vehicle at the time of the offense; or
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|
(3) he or she carries on or about his or her person,
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| or is otherwise armed with a dangerous weapon, other than a firearm; or
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|
(4) he or she carries on or about his or her person
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| or is otherwise armed with a firearm; or
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|
(5) he or she, during the commission of the offense,
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| personally discharges a firearm; or
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|
(6) he or she, during the commission of the offense,
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| personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
|
|
(b) Sentence. Aggravated vehicular hijacking in violation of subsections
(a)(1) or (a)(2) is a Class X felony.
A violation of subsection (a)(3) is a Class X
felony for which a term of imprisonment of not less than 7 years shall be
imposed.
A violation of subsection (a)(4) is a Class X
felony for which 15 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(5) is
a Class X felony for which 20 years shall be added to the term of imprisonment
imposed by the court. A violation of subsection
(a)(6) is a Class X felony for which 25 years or up to a term of natural life
shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 99-143, eff. 7-27-15.)
|
(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or she knowingly enters
or without authority remains within a building, housetrailer, watercraft,
aircraft, motor vehicle, railroad
car, freight container, or any part thereof, with intent to commit therein a felony or theft.
This offense shall not include the offenses set out in Section 4-102 of the
Illinois Vehicle Code.
(b) Sentence.
Burglary committed in, and without causing damage to, a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 3 felony. Burglary committed in a building, housetrailer, or any part thereof or while causing damage to a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 2 felony. A burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of
worship is a
Class 1 felony, except that this provision does not apply to a day care center, day care home, group day care home, or part day child care facility operated in a private residence used as a dwelling.
(c) Regarding penalties prescribed in subsection
(b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 102-546, eff. 1-1-22 .)
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(720 ILCS 5/19-2) (from Ch. 38, par. 19-2)
Sec. 19-2. Possession of burglary tools.
(a) A person commits
possession of burglary tools when he
or she possesses any key, tool, instrument, device, or any explosive, suitable for
use in breaking into a building, housetrailer, watercraft, aircraft, motor
vehicle, railroad car, or any
depository designed for the safekeeping of property, or any part thereof,
with intent to enter that place and with intent to commit therein a
felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey. (a-5) A person also commits possession of burglary tools when he or she, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use |
| or possession of the key to the motor vehicle; or
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(2) capture or duplicate a signal from the key fob
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| of a motor vehicle to unlock or start the motor vehicle without the use or possession of the key to the motor vehicle.
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(b) Sentence. Possession of burglary tools is a Class 4
felony.
(Source: P.A. 102-903, eff. 1-1-23 .)
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(720 ILCS 5/19-6) (was 720 ILCS 5/12-11) Sec. 19-6. Home Invasion. (a) A person who is not a peace officer acting
in the line of duty commits home invasion when
without authority he or she knowingly enters the dwelling place of another when
he or she knows or has reason to know that one or more persons is present
or he or she knowingly enters the dwelling place of another and remains
in the dwelling place until he or she knows or has reason to know that one
or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and (1) While armed with a dangerous weapon, other than a |
| firearm, uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
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(2) Intentionally causes any injury, except as
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| provided in subsection (a)(5), to any person or persons within the dwelling place, or
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(3) While armed with a firearm uses force or
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| threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
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(4) Uses force or threatens the imminent use of force
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| upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or
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(5) Personally discharges a firearm that proximately
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| causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or
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(6) Commits, against any person or persons within
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| that dwelling place, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
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(b) It is an affirmative defense to a charge of home invasion that
the accused who knowingly enters the dwelling place of another and remains
in the dwelling place until he or she knows or has reason to know that one
or more persons is present either immediately leaves the premises or
surrenders to the person or persons lawfully present therein without either
attempting to cause or causing serious bodily injury to any person present
therein.
(c) Sentence. Home invasion in violation of subsection (a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of subsection (a)(3) is a Class X felony for
which 15 years shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(4) is a Class X felony for which 20 years
shall be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(5) is a Class X felony for which 25 years or up to a term of
natural life shall be added to the term of imprisonment imposed by the court.
(d) For purposes of this Section, "dwelling place of another" includes
a dwelling place where the defendant
maintains a tenancy interest but from which the defendant has been barred by a
divorce decree, judgment of dissolution of marriage, order of protection, or
other court order.
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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