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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‑9

    (720 ILCS 5/16A‑9) (from Ch. 38, par. 16A‑9)
    Sec. 16A‑9. Continuation of prior law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment.
(Source: P.A. 79‑840.)

720 ILCS 5/16A‑10

    (720 ILCS 5/16A‑10) (from Ch. 38, par. 16A‑10)
    Sec. 16A‑10. Sentence.
    (1) Retail theft of property, the full retail value of which does not exceed $300, is a Class A misdemeanor. Theft by emergency exit of property, the full retail value of which does not exceed $300, is a Class 4 felony.
    (2) A person who has been convicted of retail theft of property, the full retail value of which does not exceed $300, 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. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $300, 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 3 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 of retail theft 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) Any retail theft of property, the full retail value of which exceeds $300 in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $300 in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 2 felony. When a charge of retail theft of property or theft by emergency exit of property, the full value of which exceeds $300, 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 $300.
(Source: P.A. 96‑1301, eff. 1‑1‑11.)


      (720 ILCS 5/Art. 16B heading)
ARTICLE 16B. PROTECTION OF LIBRARY MATERIALS

720 ILCS 5/16A‑11

    (720 ILCS 5/16A‑11)
    Sec. 16A‑11. Venue. Multiple thefts committed by the same person as part of a continuing course of conduct in different jurisdictions that have been aggregated in one jurisdiction may be prosecuted in any jurisdiction in which one or more of the thefts occurred.
(Source: P.A. 96‑1301, eff. 1‑1‑11.)

720 ILCS 5/16B‑1

    (720 ILCS 5/16B‑1) (from Ch. 38, par. 16B‑1)
    Sec. 16B‑1. Definitions. As used in this Article:
    (a) "Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.
    (b) "Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.
    (c) "Premises of a library facility" means the interior of a building, structure or other enclosure in which a library facility is located and in which the library facility keeps, displays and makes available for inspection or borrowing library material, but for purposes of this Article, such premises do not include the exterior appurtenances to such building, structure or enclosure nor the land on which such building, structure or other enclosure is located.
    (d) "Library card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on such borrowing by the library facility issuing such card.
(Source: P.A. 84‑1308.)

720 ILCS 5/16B‑2

    (720 ILCS 5/16B‑2) (from Ch. 38, par. 16B‑2)
    Sec. 16B‑2. Library Theft. A person commits the offense of library theft when he or she:
    (a) Knowingly and intentionally removes any library material from the premises of a library facility without authority to do so; or
    (b) Knowingly and intentionally conceals any library material upon his or her person or among his or her belongings, while still in the premises of a library facility and in such manner that the library material is not visible through ordinary observation although there may be some notice of its presence, and removes such library material beyond the last point in the premises of that library facility at which library material may be borrowed in accordance with procedures established by that library facility for the borrowing of library material; or
    (c) With the intent to deceive borrows or attempts to borrow any library material from a library facility by (i) use of a library card issued to another without the other's consent, or (ii) use of a library card knowing that it is revoked, cancelled or expired, or (iii) use of a library card knowing that it is falsely made, counterfeit or materially altered; or
    (d) Borrows from a library facility library material which has an aggregate value of $50 or more pursuant to an agreement with or procedure established by the library facility for the return of such library material, and willfully without good cause fails to return the library material so borrowed in accordance with such agreement or procedure, and further willfully without good cause fails to return such library material within 30 days after receiving written notice by certified mail from the library facility demanding the return of such library material.
    A person who violates this subsection (d) is liable to the library for the cost of postage and attorney fees.
(Source: P.A. 87‑898.)

720 ILCS 5/16B‑2.1

    (720 ILCS 5/16B‑2.1) (from Ch. 38, par. 16B‑2.1)
    Sec. 16B‑2.1. Criminal mutilation or vandalism of library materials. A person commits criminal mutilation or vandalism of library materials when he knowingly tears, marks on, maliciously renders imperfect or otherwise damages or destroys library materials.
(Source: P.A. 87‑435.)

720 ILCS 5/16B‑3

    (720 ILCS 5/16B‑3) (from Ch. 38, par. 16B‑3)
    Sec. 16B‑3. Posting of Warning. Each library facility shall post a copy of this Act at a location adjacent to each entrance to the premises of the library facility and at each point in the premises of the library facility at which the borrowing of library materials occurs.
(Source: P.A. 82‑603.)

720 ILCS 5/16B‑4

    (720 ILCS 5/16B‑4) (from Ch. 38, par. 16B‑4)
    Sec. 16B‑4. Continuation of Prior Law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment.
(Source: P.A. 82‑603.)