(720 ILCS 5/16-32) Sec. 16-32. Facilitating identity theft. (a) A person commits facilitating identity theft when he or she, in the course of his or her employment or official duties, has access to the personal information of another person in the possession of the State of Illinois, whether written, recorded, or on computer disk, and knowingly, with the intent of committing identity theft, aggravated identity theft, or any violation of the Illinois Financial Crime Law, disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to, without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed. (b) Sentence. Facilitating identity theft is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(c) For purposes of this Section, "personal information" has the meaning provided in the Personal Information Protection Act.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-33) Sec. 16-33. Civil remedies. A person who is convicted of facilitating identity theft, identity theft, or aggravated identity theft is liable in a civil action to the person who
suffered
damages as a result of the violation. The person suffering damages may
recover court costs, attorney's
fees, lost wages, and actual damages. Where a person has been convicted of identity theft in violation of subdivision (a)(6) or subdivision (a)(7) of Section 16-30, in the absence of proof of actual damages, the person whose personal identification information or personal identification documents were used in the violation in question may recover damages of $2,000.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-34) Sec. 16-34. Offender's interest in the property; consent. (a) It is no defense to a
charge of aggravated identity
theft or identity theft that the offender has an interest in the
credit, money, goods, services, or
other property.
(b) It is no defense to a charge of aggravated identity theft or identity theft that the offender received the consent of any person to access any personal identification information or personal identification document, other than the person described by the personal identification information or personal identification document used by the offender.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-35) Sec. 16-35. Mandating law enforcement agencies to accept and provide
reports; judicial factual determination.
(a) A person who has learned or reasonably suspects that his or her
personal identifying information has been unlawfully used by another may
initiate a law enforcement investigation by contacting the local law
enforcement
agency that has jurisdiction over his or her actual residence, which shall take
a police report of the matter, provide the complainant with a copy of that
report, and begin an investigation of the facts, or, if the suspected crime was
committed in a different jurisdiction, refer the matter to the law enforcement
agency where the suspected crime was committed for an investigation of the
facts.
(b) A person who reasonably believes that he or she is the victim of
financial identity theft may petition a court, or upon application of the prosecuting attorney or on its own motion, the court may move for an expedited
judicial determination of his or her factual innocence, where the perpetrator
of
the financial identity theft was arrested for, cited for, or convicted of a
crime under the victim's identity, or where a criminal complaint has been filed
against the perpetrator in the victim's name, or where the victim's identity
has
been mistakenly associated with a criminal conviction. Any judicial
determination of factual innocence made pursuant to this subsection may be
heard and determined upon declarations, affidavits, police reports, or other
material, relevant, and reliable information submitted by the parties or
ordered
to be part of the record by the court. If the court determines that the
petition
or motion is meritorious and that there is no reasonable cause to believe that
the victim committed the offense for which the perpetrator of the identity
theft
was arrested, cited, convicted, or subject to a criminal complaint in the
victim's name, or that the victim's identity has been mistakenly associated
with
a record of criminal conviction, the court shall find the victim factually
innocent of that offense. If the victim is found factually innocent, the court
shall issue an order certifying this determination.
(c) After a court has issued a determination of factual innocence under
this Section, the court may order the name and associated personal identifying
information contained in the court records, files, and indexes accessible by
the
public sealed, deleted, or labeled to show that the data is impersonated and
does
not reflect the defendant's identity.
(d) A court that has issued a determination of factual innocence under
this Section may at any time vacate that determination if the petition, or any
information submitted in support of the petition, is found to contain any
material misrepresentation or fraud.
(e) Except for criminal and civil actions provided for by Sections 16-30 through 16-36, or for disciplinary or licensure-related proceedings involving the violation of Sections 16-30 through 16-36, no information acquired by, or as a result of, any violation of Section 16-30 shall be discoverable or admissible in any court or other proceeding, or otherwise subject to disclosure without the express permission of any person or persons identified in that information.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-36) Sec. 16-36. Venue. In addition to any other venues provided for by statute or otherwise, venue for any criminal prosecution or civil recovery action under Sections 16-30 through 16-36 shall be proper in any county where the person described in the personal identification information or personal identification document in question resides or has his or her principal place of business. Where a criminal prosecution or civil recovery action under Sections 16-30 through 16-36 involves the personal identification information or personal identification documents of more than one person, venue shall be proper in any county where one or more of the persons described in the personal identification information or personal identification documents in question resides or has his or her principal place of business.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-37) Sec. 16-37. Exemptions; relation to other laws. (a) Sections 16-30 through 16-36 do not: (1) prohibit the capture or transmission of personal | ||
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(2) apply to a peace officer of this State, or of the | ||
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(3) prohibit a licensed private detective or licensed | ||
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(4) apply to activities authorized under any other | ||
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(b) No criminal prosecution or civil action brought under Sections 16-30 through 16-36 shall prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate Sections 16-30 through 16-36.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/Art. 16, Subdiv. 20 heading) SUBDIVISION 20. MISCELLANEOUS THEFT-RELATED OFFENSES
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-40) Sec. 16-40. Internet offenses. (a) Online sale of stolen property. A person commits online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means. (b) Online theft by deception. A person commits online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder. (c) Electronic fencing. A person commits electronic fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this Section. (d) Sentence. A violation of this Section is a Class 4 felony if the full retail value of the stolen property or property obtained by deception does not exceed $300. A violation of this Section is a Class 2 felony if the full retail value of the stolen property or property obtained by deception exceeds $300.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/Art. 16A heading) ARTICLE 16A.
RETAIL THEFT
(Repealed)(Source: Repealed by P.A. 97-597, eff. 1-1-12.)
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