720 ILCS 5/ Criminal Code of 1961.

(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.)

(720 ILCS 5/16F‑6)

Sec. 16F‑6. Civil remedy. A wireless service provider aggrieved by a violation of this Article may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees.

(Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/Art. 16G heading) ARTICLE 16G. IDENTITY THEFT LAW

(720 ILCS 5/16G‑1)

Sec. 16G‑1. Short title. This Article may be cited as the Identity Theft Law.

(Source: P.A. 93‑401, eff. 7‑31‑03.)

(720 ILCS 5/16G‑5)

Sec. 16G‑5. Legislative declaration.

(a) It is the public policy of this State that the substantial burden placed upon the economy of this State as a result of the rising incidence of identity theft and the negative effect of this crime on the People of this State and its victims is a matter of grave concern to the People of this State who have the right to be protected in their health, safety, and welfare from the effects of this crime, and therefore identity theft shall be identified and dealt with swiftly and appropriately considering the onerous nature of the crime.

(b) The widespread availability and unauthorized access to personal identification information have led and will lead to a substantial increase in identity theft related crimes.

(Source: P.A. 93‑401, eff. 7‑31‑03.)

(720 ILCS 5/16G‑10)

Sec. 16G‑10. Definitions. In this Article unless the context otherwise requires:

(a) "Personal identification document" means a birth certificate, a drivers license, a State identification card, a public, government, or private employment identification card, a social security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the State of Illinois, or any other State political subdivision of any state, or any other governmental or quasi‑governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority.

(b) "Personal identifying information" means any of the following information:

(1) A person's name;

(2) A person's address;

(2.5) A person's date of birth;

(3) A person's telephone number;

(4) A person's drivers license number or State of Illinois identification card as assigned by the Secretary of State of the State of Illinois or a similar agency of another state;

(5) A person's Social Security number;

(6) A person's public, private, or government employer, place of employment, or employment identification number;

(7) The maiden name of a person's mother;

(8) The number assigned to a person's depository account, savings account, or brokerage account;

(9) The number assigned to a person's credit or debit card, commonly known as a "Visa Card", "Master Card", "American Express Card", "Discover Card", or other similar cards whether issued by a financial institution, corporation, or business entity;

(10) Personal identification numbers;

(11) Electronic identification numbers;

(12) Digital signals;

(12.5) User names, passwords, and any other word, number, character or combination of the same usable in whole or part to access information relating to a specific individual, or to the actions taken, communications made or received, or other activities or transactions of a specific individual.

(13) Any other numbers or information which can be used to access a person's financial resources, or to identify a specific individual, or the actions taken, communications made or received, or other activities or transactions of a specific individual.

(c) "Document‑making implement" means any implement, impression, template, computer file, computer disc, electronic device, computer hardware, computer software, instrument, or device that is used to make a real or fictitious or fraudulent personal identification document.

(d) "Financial transaction device" means any of the following:

(1) An electronic funds transfer card.

(2) A credit card.

(3) A debit card.

(4) A point‑of‑sale card.

(5) Any instrument, device, card, plate, code, account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or state identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:

(A) Obtaining money, cash refund or credit account, credit, goods, services, or any other thing of value.

(B) Certifying or guaranteeing to a person or business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.

(C) Providing the device holder access to a deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.

(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑38, eff. 6‑16‑05; 94‑1008, eff. 7‑5‑06.)

(720 ILCS 5/16G‑13)

Sec. 16G‑13. Facilitating identity theft.

(a) A person commits the offense of 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. 94‑969, eff. 1‑1‑07.)