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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 1961.
720 ILCS 5/16A‑2.8
(720 ILCS 5/16A‑2.8) (from Ch. 38, par. 16A‑2.8)
Sec. 16A‑2.8.
"Premises of a Retail Mercantile Establishment"
includes, but is not limited to, the retail mercantile establishment;
any common use areas in shopping centers and all parking areas
set aside by a merchant or on behalf of a merchant for the parking
of vehicles for the convenience of the patrons of such retail mercantile
establishment.
(Source: P.A. 79‑840.)
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720 ILCS 5/16A‑2.9
(720 ILCS 5/16A‑2.9) (from Ch. 38, par. 16A‑2.9)
Sec. 16A‑2.9.
"Retail Mercantile Establishment" means any
place where merchandise is displayed, held, stored or offered
for sale to the public.
(Source: P.A. 79‑840.)
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720 ILCS 5/16A‑2.10
(720 ILCS 5/16A‑2.10) (from Ch. 38, par. 16A‑2.10)
Sec. 16A‑2.10.
"Shopping Cart" means those push carts of the
type or types which are commonly provided by grocery stores,
drug stores or other retail mercantile establishments for the
use of the public in transporting commodities in stores and
markets and, incidentally, from the stores to a place outside
the store.
(Source: P.A. 79‑840.)
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720 ILCS 5/16A‑2.11
(720 ILCS 5/16A‑2.11) (from Ch. 38, par. 16A‑2.11)
Sec. 16A‑2.11.
"Under‑ring" means to cause the cash register
or other sales recording device to reflect less than the full
retail value of the merchandise.
(Source: P.A. 79‑840.)
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720 ILCS 5/16A‑2.12
(720 ILCS 5/16A‑2.12) (from Ch. 38, par. 16A‑2.12)
Sec. 16A‑2.12.
"Theft detection shielding device" means any laminated
or coated bag or device designed and intended to shield merchandise from
detection by an electronic or magnetic theft alarm sensor.
(Source: P.A. 85‑749.)
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720 ILCS 5/16A‑2.13
(720 ILCS 5/16A‑2.13) (from Ch. 38, par. 16A‑2.13)
Sec. 16A‑2.13.
"Theft detection device remover" means any tool or
device specifically designed and intended to be used to remove any theft
detection device from any merchandise.
(Source: P.A. 85‑749.)
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720 ILCS 5/16A‑3
(720 ILCS 5/16A‑3) (from Ch. 38, par. 16A‑3)
Sec. 16A‑3.
Offense of Retail Theft.
A person commits the offense
of retail theft when he or she knowingly:
(a) Takes possession of, carries away, transfers or causes to be
carried away or transferred, any merchandise displayed, held, stored or
offered for sale in a retail mercantile establishment with the intention
of retaining such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of such
merchandise without paying the full retail value of such merchandise; or
(b) Alters, transfers, or removes any label, price tag, marking,
indicia of value or any other markings which aid in determining value
affixed to any merchandise displayed, held, stored or offered for sale,
in a retail mercantile establishment and attempts to purchase such
merchandise personally or in consort with another at less than the full
retail value with the intention of depriving the merchant of the full
retail value of such merchandise; or
(c) Transfers any merchandise displayed, held, stored or offered for
sale, in a retail mercantile establishment from the container in or on
which such merchandise is displayed to any other container with the
intention of depriving the merchant of the full retail value of such
merchandise; or
(d) Under‑rings with the intention of depriving the merchant of the
full retail value of the merchandise; or
(e) Removes a shopping cart from the premises of a retail mercantile
establishment without the consent of the merchant given at the time of
such removal with the intention of depriving the merchant permanently of
the possession, use or benefit of such cart; or
(f) Represents to a merchant that he or another is the lawful owner
of property, knowing that such representation is false, and conveys or attempts
to convey that property to a merchant who is the owner of the property in
exchange for money, merchandise credit or other property of the merchant; or
(g) Uses or possesses any theft detection shielding device or theft
detection device remover with the intention of using such device to deprive
the merchant permanently of the possession, use or benefit of any
merchandise displayed, held, stored or offered for sale in a retail
mercantile establishment without paying the full retail value of such
merchandise. A violation of this subsection shall be a Class A misdemeanor
for a first offense and a Class 4 felony for a second or subsequent offense; or
(h) Obtains or exerts unauthorized control over property of the owner
and thereby intends to deprive the owner permanently of the use or benefit
of the property when a lessee of the personal property of another fails to
return it to the owner, or if the lessee fails to pay the full retail value
of such property to the lessor in satisfaction of any contractual provision
requiring such, within 10 days after written demand from the owner for its
return. A notice in writing, given after the expiration of the leasing
agreement, by registered mail, to the lessee at the address given by the
lessee and shown on the leasing agreement shall constitute proper demand.
(Source: P.A. 89‑373, eff. 1‑1‑96.)
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