720 ILCS 5/ Criminal Code of 1961.

(720 ILCS 5/16D‑6) (from Ch. 38, par. 16D‑6)

Sec. 16D‑6. Forfeiture of property. Any person who commits the offense of computer fraud as set forth in Section 16D‑5 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.)

(720 ILCS 5/16D‑7) (from Ch. 38, par. 16D‑7)

Sec. 16D‑7. Rebuttable Presumption ‑ without authority. In the event that a person accesses or causes to be accessed a computer, which access requires a confidential or proprietary code which has not been issued to or authorized for use by that person, a rebuttable presumption exists that the computer was accessed without the authorization of its owner or in excess of the authority granted.

(Source: P.A. 85‑926.)

(720 ILCS 5/Art. 16E heading) ARTICLE 16E. DELIVERY CONTAINER CRIME

(720 ILCS 5/16E‑1) (from Ch. 38, par. 16E‑1)

Sec. 16E‑1. Short title. This Article may be cited as the Delivery Container Crime Law.

(Source: P.A. 87‑613.)

(720 ILCS 5/16E‑2) (from Ch. 38, par. 16E‑2)

Sec. 16E‑2. Definitions. "Container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product. Any person who is the owner of any container upon which a trade mark has been placed or affixed, stamped, impressed, labeled, blown‑in or otherwise marked on it, may file with the Secretary of State a written statement or description of the trade mark used on any container in a manner provided in Section 3 of the Registered Container Trade Mark Act.

(Source: P.A. 87‑613.)

(720 ILCS 5/16E‑3) (from Ch. 38, par. 16E‑3)

Sec. 16E‑3. Offense.

(a) A person commits the offense of delivery container theft when he knowingly does any of the following:

(1) Uses for any purpose, when not on the premises of the owner or an adjacent parking area, a container of another person which is marked by a name or mark unless the use is authorized by the owner.

(2) Sells, or offers for sale, a container of another person which is marked by a name or mark unless the sale is authorized by the owner.

(3) Defaces, obliterates, destroys, covers up or otherwise removes or conceals a name or mark on a container of another person without the written consent of the owner.

(4) Removes the container of another person from the premises, parking area or any other area under the control of any processor, distributor or retail establishment, or from any delivery vehicle, without the consent of the owner of the container. Any person who possesses any marked or named container without the consent of the owner and while not on the premises, parking area or other area under control of a processor, distributor or retail establishment doing business with the owner shall be presumed to have removed the container in violation of this paragraph.

(b) Any common carrier or private carrier for hire, except those engaged in transporting bakery or dairy products to and from the places where they are produced, that receives or transports any container marked with a name or mark without having in its possession a bill of lading or invoice for that container commits the offense of delivery container theft.

(Source: P.A. 87‑613.)

(720 ILCS 5/16E‑4) (from Ch. 38, par. 16E‑4)

Sec. 16E‑4. Sentence. (a) Delivery container theft is a Class B misdemeanor. An offender may be sentenced to pay a fine of $150 for the first offense and $500 for a second or subsequent offense.

(Source: P.A. 87‑613.)

(720 ILCS 5/Art. 16F heading) ARTICLE 16F. WIRELESS SERVICE THEFT

(720 ILCS 5/16F‑1)

Sec. 16F‑1. Short title. This Article may be cited as the Wireless Service Theft Prevention Law.

(Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑2)

Sec. 16F‑2. Definitions. As used in this Article, the following words and phrases shall have the meanings given to them in this Section:

"Manufacture of an unlawful wireless device" means to produce or assemble an unlawful wireless device or to modify, alter, program, or reprogram a wireless device to be capable of acquiring or facilitating the acquisition of wireless service without the consent of the wireless service provider.

"Unlawful wireless device" means any electronic serial number, mobile identification number, personal identification number, or any wireless device that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider. The term includes, but is not limited to, phones altered to obtain service without the consent of the wireless service provider, tumbler phones, counterfeit or clone phones, tumbler microchips, counterfeit or clone microchips, scanning receivers of wireless service of a wireless service provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a wireless service provider.

"Wireless device" includes any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic or radio communications, or any part of such instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component that is capable of facilitating the transmission or reception of telephonic, electronic, or radio communications.

"Wireless service" or "telephone service" includes, but is not limited to, any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images and sounds, or intelligence of any nature by telephone, including cellular telephones, wireless, radio, electromagnetic, photoelectronic, or photo‑optical system.

"Wireless service provider" means a person or entity providing telecommunication service, including, but not limited to, a cellular, paging, or other wireless communications company or other person or entity that, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.

(Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑3)

Sec. 16F‑3. Theft of wireless service.

(a) A person commits the offense of theft of wireless service if he or she intentionally obtains wireless service by the use of an unlawful wireless device or without the consent of the wireless service provider.

(b) Theft of wireless service is a Class A misdemeanor when the aggregate value of service obtained is less than $300 and a Class 4 felony when the aggregate value of service obtained is $300 or more. For a second or subsequent offense, or if the person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction, theft of wireless service is a Class 2 felony.

(Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑4)

Sec. 16F‑4. Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services.

(a) A person commits the offense of facilitating theft of wireless service when he or she:

(1) makes, distributes, possesses, uses, or assembles an unlawful wireless device or modifies, alters, programs, or reprograms a wireless device designed, adapted, or that can be used:

(i) for commission of a theft of wireless service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or

(ii) to conceal or to assist another to conceal from any wireless service or from any lawful authority the existence or place of origin or of destination of any telecommunication; or

(2) sells, possesses, distributes, gives, or otherwise transfers to another or offers, promotes, or advertises for sale:

(i) any unlawful wireless device, or any plans or instructions for making or assembling an unlawful wireless device, under circumstances evidencing an intent to use or employ the unlawful wireless device, or to allow it to be used or employed, for a purpose described in paragraph (1) or knowing or having reason to believe that the unlawful wireless device is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling an unlawful wireless device; or

(ii) any material, including hardware, cables, tools, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful wireless device.

(b) Facilitating theft of wireless service is a Class A misdemeanor when the aggregate value of service obtained is less than $300 and a Class 4 felony when the aggregate value of service obtained is $300 or more. For a second or subsequent offense, or if the person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction, facilitating theft of wireless service is a Class 2 felony.

(Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑5)

Sec. 16F‑5. Restitution. The court may, in addition to any other sentence authorized by law, sentence a person convicted of violating this Article to make restitution in the manner described in Section 5‑5‑6 of the Unified Code of Corrections.

(Source: P.A. 89‑497, eff. 6‑27‑96.)