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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.)
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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.)
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(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.)
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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.)
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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.)
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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.)
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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.)
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