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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 2012.

720 ILCS 5/17-1a

    (720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
    Sec. 17-1a. (Repealed).
(Source: P.A. 90-721, eff. 1-1-99. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-1b

    (720 ILCS 5/17-1b)
    Sec. 17-1b. State's Attorney's bad check diversion program.
    (a) In this Section:
    "Offender" means a person charged with, or for whom probable cause exists to charge the person with, deceptive practices.
    "Pretrial diversion" means the decision of a prosecutor to refer an offender to a diversion program on condition that the criminal charges against the offender will be dismissed after a specified period of time, or the case will not be charged, if the offender successfully completes the program.
    "Restitution" means all amounts payable to a victim of deceptive practices under the bad check diversion program created under this Section, including the amount of the check and any transaction fees payable to a victim as set forth in subsection (g) but does not include amounts recoverable under Section 3-806 of the Uniform Commercial Code and subsection (E) of Section 17-1 of this Code.
    (b) A State's Attorney may create within his or her office a bad check diversion program for offenders who agree to voluntarily participate in the program instead of undergoing prosecution. The program may be conducted by the State's Attorney or by a private entity under contract with the State's Attorney. If the State's Attorney contracts with a private entity to perform any services in operating the program, the entity shall operate under the supervision, direction, and control of the State's Attorney. Any private entity providing services under this Section is not a "collection agency" as that term is defined under the Collection Agency Act.
    (c) If an offender is referred to the State's Attorney, the State's Attorney may determine whether the offender is appropriate for acceptance in the program. The State's Attorney may consider, but shall not be limited to consideration of, the following factors:
        (1) the amount of the check that was drawn or passed;
        (2) prior referrals of the offender to the program;
        (3) whether other charges of deceptive practices are
    
pending against the offender;
        (4) the evidence presented to the State's Attorney
    
regarding the facts and circumstances of the incident;
        (5) the offender's criminal history; and
        (6) the reason the check was dishonored by the
    
financial institution.
    (d) The bad check diversion program may require an offender to do one or more of the following:
        (i) pay for, at his or her own expense, and
    
successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney;
        (ii) make full restitution for the offense;
        (iii) pay a per-check administrative fee as set forth
    
in this Section.
    (e) If an offender is diverted to the program, the State's Attorney shall agree in writing not to prosecute the offender upon the offender's successful completion of the program conditions. The State's Attorney's agreement to divert the offender shall specify the offenses that will not be prosecuted by identifying the checks involved in the transactions.
    (f) The State's Attorney, or private entity under contract with the State's Attorney, may collect a fee from an offender diverted to the State's Attorney's bad check diversion program. This fee may be deposited in a bank account maintained by the State's Attorney for the purpose of depositing fees and paying the expenses of the program or for use in the enforcement and prosecution of criminal laws. The State's Attorney may require that the fee be paid directly to a private entity that administers the program under a contract with the State's Attorney. The amount of the administrative fees collected by the State's Attorney under the program may not exceed $35 per check. The county board may, however, by ordinance, increase the fees allowed by this Section if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service.
    (g)  (1) The private entity shall be required to maintain
    
adequate general liability insurance of $1,000,000 per occurrence as well as adequate coverage for potential loss resulting from employee dishonesty. The State's Attorney may require a surety bond payable to the State's Attorney if in the State's Attorney's opinion it is determined that the private entity is not adequately insured or funded.
        (2)  (A) Each private entity that has a contract with
        
the State's Attorney to conduct a bad check diversion program shall at all times maintain a separate bank account in which all moneys received from the offenders participating in the program shall be deposited, referred to as a "trust account", except that negotiable instruments received may be forwarded directly to a victim of the deceptive practice committed by the offender if that procedure is provided for by a writing executed by the victim. Moneys received shall be so deposited within 5 business days after posting to the private entity's books of account. There shall be sufficient funds in the trust account at all times to pay the victims the amount due them.
            (B) The trust account shall be established in a
        
financial institution which is federally or State insured or otherwise secured as defined by rule. If the account is interest bearing, the private entity shall pay to the victim interest earned on funds on deposit after the 60th day.
            (C) Each private entity shall keep on file the
        
name of the financial institution in which each trust account is maintained, the name of each trust account, and the names of the persons authorized to withdraw funds from each account. The private entity, within 30 days of the time of a change of depository or person authorized to make withdrawal, shall update its files to reflect that change. An examination and audit of a private entity's trust accounts may be made by the State's Attorney as the State's Attorney deems appropriate. A trust account financial report shall be submitted annually on forms acceptable to the State's Attorney.
        (3) The State's Attorney may cancel a contract
    
entered into with a private entity under this Section for any one or any combination of the following causes:
            (A) Conviction of the private entity or the
        
principals of the private entity of any crime under the laws of any U.S. jurisdiction which is a felony, a misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession.
            (B) A determination that the private entity has
        
engaged in conduct prohibited in item (4).
        (4) The State's Attorney may determine whether the
    
private entity has engaged in the following prohibited conduct:
            (A) Using or threatening to use force or violence
        
to cause physical harm to an offender, his or her family, or his or her property.
            (B) Threatening the seizure, attachment, or sale
        
of an offender's property where such action can only be taken pursuant to court order without disclosing that prior court proceedings are required.
            (C) Disclosing or threatening to disclose
        
information adversely affecting an offender's reputation for creditworthiness with knowledge the information is false.
            (D) Initiating or threatening to initiate
        
communication with an offender's employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by law or court order.
            (E) Communicating with the offender or any member
        
of the offender's family at such a time of day or night and with such frequency as to constitute harassment of the offender or any member of the offender's family. For purposes of this clause (E) the following conduct shall constitute harassment:
                (i) Communicating with the offender or any
            
member of his or her family at any unusual time or place or a time or place known or which should be known to be inconvenient to the offender. In the absence of knowledge of circumstances to the contrary, a private entity shall assume that the convenient time for communicating with a consumer is after 8 o'clock a.m. and before 9 o'clock p.m. local time at the offender's residence.
                (ii) The threat of publication or publication
            
of a list of offenders who allegedly refuse to pay restitution, except by the State's Attorney.
                (iii) The threat of advertisement or
            
advertisement for sale of any restitution to coerce payment of the restitution.
                (iv) Causing a telephone to ring or engaging
            
any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
                (v) Using profane, obscene or abusive
            
language in communicating with an offender, his or her family, or others.
                (vi) Disclosing or threatening to disclose
            
information relating to a offender's case to any other person except the victim and appropriate law enforcement personnel.
                (vii) Disclosing or threatening to disclose
            
information concerning the alleged criminal act which the private entity knows to be reasonably disputed by the offender without disclosing the fact that the offender disputes the accusation.
                (viii) Engaging in any conduct which the
            
State's Attorney finds was intended to cause and did cause mental or physical illness to the offender or his or her family.
                (ix) Attempting or threatening to enforce a
            
right or remedy with knowledge or reason to know that the right or remedy does not exist.
                (x) Except as authorized by the State's
            
Attorney, using any form of communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a governmental agency or official or by an attorney at law when it is not.
                (xi) Using any badge, uniform, or other
            
indicia of any governmental agency or official, except as authorized by law or by the State's Attorney.
                (xii) Except as authorized by the State's
            
Attorney, conducting business under any name or in any manner which suggests or implies that the private entity is bonded if such private entity is or is a branch of or is affiliated with any governmental agency or court if such private entity is not.
                (xiii) Misrepresenting the amount of the
            
restitution alleged to be owed.
                (xiv) Except as authorized by the State's
            
Attorney, representing that an existing restitution amount may be increased by the addition of attorney's fees, investigation fees, or any other fees or charges when those fees or charges may not legally be added to the existing restitution.
                (xv) Except as authorized by the State's
            
Attorney, representing that the private entity is an attorney at law or an agent for an attorney if the entity is not.
                (xvi) Collecting or attempting to collect any
            
interest or other charge or fee in excess of the actual restitution or claim unless the interest or other charge or fee is expressly authorized by the State's Attorney, who shall determine what constitutes a reasonable collection fee.
                (xvii) Communicating or threatening to
            
communicate with an offender when the private entity is informed in writing by an attorney that the attorney represents the offender concerning the claim, unless authorized by the attorney. If the attorney fails to respond within a reasonable period of time, the private entity may communicate with the offender. The private entity may communicate with the offender when the attorney gives his consent.
                (xviii) Engaging in dishonorable, unethical,
            
or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
        (5) The State's Attorney shall audit the accounts of
    
the bad check diversion program after notice in writing to the private entity.
        (6) Any information obtained by a private entity that
    
has a contract with the State's Attorney to conduct a bad check diversion program is confidential information between the State's Attorney and the private entity and may not be sold or used for any other purpose but may be shared with other authorized law enforcement agencies as determined by the State's Attorney.
    (h) The State's Attorney, or private entity under contract with the State's Attorney, shall recover, in addition to the face amount of the dishonored check or draft, a transaction fee to defray the costs and expenses incurred by a victim who received a dishonored check that was made or delivered by the offender. The face amount of the dishonored check or draft and the transaction fee shall be paid by the State's Attorney or private entity under contract with the State's Attorney to the victim as restitution for the offense. The amount of the transaction fee must not exceed: $25 if the face amount of the check or draft does not exceed $100; $30 if the face amount of the check or draft is greater than $100 but does not exceed $250; $35 if the face amount of the check or draft is greater than $250 but does not exceed $500; $40 if the face amount of the check or draft is greater than $500 but does not exceed $1,000; and $50 if the face amount of the check or draft is greater than $1,000.
    (i) The offender, if aggrieved by an action of the private entity contracted to operate a bad check diversion program, may submit a grievance to the State's Attorney who may then resolve the grievance. The private entity must give notice to the offender that the grievance procedure is available. The grievance procedure shall be established by the State's Attorney.
(Source: P.A. 95-41, eff. 1-1-08; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-2

    (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
    Sec. 17-2. False personation; solicitation.
    (a) False personation; solicitation.
        (1) A person commits a false personation when he or
    
she knowingly and falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when he or she knowingly exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act.
        (2) A person commits a false personation when he or
    
she knowingly and falsely represents himself or herself to be a veteran in seeking employment or public office. In this paragraph, "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States.
        (2.1) A person commits a false personation when he or
    
she knowingly and falsely represents himself or herself to be:
            (A) an active-duty member of the Armed Services
        
or Reserve Forces of the United States or the National Guard or a veteran of the Armed Services or Reserve Forces of the United States or the National Guard; and
            (B) obtains money, property, or another tangible
        
benefit through that false representation.
        In this paragraph, "member of the Armed Services or
    
Reserve Forces of the United States" means a member of the United States Navy, Army, Air Force, Marine Corps, or Coast Guard; and "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States or the National Guard.
        (2.5) A person commits a false personation when he or
    
she knowingly and falsely represents himself or herself to be:
            (A) another actual person and does an act in such
        
assumed character with intent to intimidate, threaten, injure, defraud, or to obtain a benefit from another; or
            (B) a representative of an actual person or
        
organization and does an act in such false capacity with intent to obtain a benefit or to injure or defraud another.
        (3) No person shall knowingly use the words "Police",
    
"Police Department", "Patrolman", "Sergeant", "Lieutenant", "Peace Officer", "Sheriff's Police", "Sheriff", "Officer", "Law Enforcement", "Trooper", "Deputy", "Deputy Sheriff", "State Police", or any other words to the same effect (i) in the title of any organization, magazine, or other publication without the express approval of the named public safety personnel organization's governing board or (ii) in combination with the name of any state, state agency, public university, or unit of local government without the express written authorization of that state, state agency, public university, or unit of local government.
        (4) No person may knowingly claim or represent that
    
he or she is acting on behalf of any public safety personnel organization when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the chief of the police department, fire department, and the corporate or municipal authority thereof, or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity and specifies and states clearly and fully the purpose for which the proceeds of the solicitation, contribution, or sale will be used.
        (5) No person, when soliciting financial
    
contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police", or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel unless:
            (A) the person is actually representing or acting
        
on behalf of the nongovernmental organization;
            (B) the nongovernmental organization is
        
controlled by and governed by a membership of and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers; and
            (C) before commencing the solicitation or the
        
sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used, has been entered into.
        (6) No person, when soliciting financial
    
contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements, may knowingly claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes the term "fireman", "fire fighter", "paramedic", or any other word or words which would reasonably be understood to imply that the organization is composed of fire fighter or paramedic personnel unless:
            (A) the person is actually representing or acting
        
on behalf of the nongovernmental organization;
            (B) the nongovernmental organization is
        
controlled by and governed by a membership of and represents a group or association of active duty, retired, or injured fire fighters (for the purposes of this Section, "fire fighter" has the meaning ascribed to that term in Section 2 of the Illinois Fire Protection Training Act) or active duty, retired, or injured emergency medical technicians - ambulance, emergency medical technicians - intermediate, emergency medical technicians - paramedic, ambulance drivers, or other medical assistance or first aid personnel; and
            (C) before commencing the solicitation or the
        
sale or delivery or the offers to sell or deliver any merchandise, goods, services, memberships, or advertisements, the soliciting or selling person and the nongovernmental organization have entered into a written contract that specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.
        (7) No person may knowingly claim or represent that
    
he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.
        (8) No person, firm, copartnership, or corporation
    
(except corporations organized and doing business under the Pawners Societies Act) shall knowingly use a name that contains in it the words "Pawners' Society".
    (b) False personation; public officials and employees. A person commits a false personation if he or she knowingly and falsely represents himself or herself to be any of the following:
        (1) An attorney authorized to practice law for
    
purposes of compensation or consideration. This paragraph (b)(1) does not apply to a person who unintentionally fails to pay attorney registration fees established by Supreme Court Rule.
        (2) A public officer or a public employee or an
    
official or employee of the federal government.
        (2.3) A public officer, a public employee, or an
    
official or employee of the federal government, and the false representation is made in furtherance of the commission of felony.
        (2.7) A public officer or a public employee, and the
    
false representation is for the purpose of effectuating identity theft as defined in Section 16-30 of this Code.
        (3) A peace officer.
        (4) A peace officer while carrying a deadly weapon.
        (5) A peace officer in attempting or committing a
    
felony.
        (6) A peace officer in attempting or committing a
    
forcible felony.
        (7) The parent, legal guardian, or other relation of
    
a minor child to any public official, public employee, or elementary or secondary school employee or administrator.
        (7.5) The legal guardian, including any
    
representative of a State or public guardian, of a person with a disability appointed under Article XIa of the Probate Act of 1975.
        (8) A fire fighter.
        (9) A fire fighter while carrying a deadly weapon.
        (10) A fire fighter in attempting or committing a
    
felony.
        (11) An emergency management worker of any
    
jurisdiction in this State.
        (12) An emergency management worker of any
    
jurisdiction in this State in attempting or committing a felony. For the purposes of this subsection (b), "emergency management worker" has the meaning provided under Section 2-6.6 of this Code.
    (b-5) The trier of fact may infer that a person falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government if the person:
        (1) wears or displays without authority any uniform,
    
badge, insignia, or facsimile thereof by which a public officer or public employee or official or employee of the federal government is lawfully distinguished; or
        (2) falsely expresses by word or action that he or
    
she is a public officer or public employee or official or employee of the federal government and is acting with approval or authority of a public agency or department.
    (c) Fraudulent advertisement of a corporate name.
        (1) A company, association, or individual commits
    
fraudulent advertisement of a corporate name if he, she, or it, not being incorporated, puts forth a sign or advertisement and assumes, for the purpose of soliciting business, a corporate name.
        (2) Nothing contained in this subsection (c)
    
prohibits a corporation, company, association, or person from using a divisional designation or trade name in conjunction with its corporate name or assumed name under Section 4.05 of the Business Corporation Act of 1983 or, if it is a member of a partnership or joint venture, from doing partnership or joint venture business under the partnership or joint venture name. The name under which the joint venture or partnership does business may differ from the names of the members. Business may not be conducted or transacted under that joint venture or partnership name, however, unless all provisions of the Assumed Business Name Act have been complied with. Nothing in this subsection (c) permits a foreign corporation to do business in this State without complying with all Illinois laws regulating the doing of business by foreign corporations. No foreign corporation may conduct or transact business in this State as a member of a partnership or joint venture that violates any Illinois law regulating or pertaining to the doing of business by foreign corporations in Illinois.
        (3) The provisions of this subsection (c) do not
    
apply to limited partnerships formed under the Revised Uniform Limited Partnership Act or under the Uniform Limited Partnership Act (2001).
    (d) False law enforcement badges.
        (1) A person commits false law enforcement badges if
    
he or she knowingly produces, sells, or distributes a law enforcement badge without the express written consent of the law enforcement agency represented on the badge or, in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency.
        (2) It is a defense to false law enforcement badges
    
that the law enforcement badge is used or is intended to be used exclusively: (i) as a memento or in a collection or exhibit; (ii) for decorative purposes; or (iii) for a dramatic presentation, such as a theatrical, film, or television production.
    (e) False medals.
        (1) A person commits a false personation if he or she
    
knowingly and falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States Government, irrespective of branch of service: The Congressional Medal of Honor, The Distinguished Service Cross, The Navy Cross, The Air Force Cross, The Silver Star, The Bronze Star, or the Purple Heart.
        (2) It is a defense to a prosecution under paragraph
    
(e)(1) that the medal is used, or is intended to be used, exclusively:
            (A) for a dramatic presentation, such as a
        
theatrical, film, or television production, or a historical re-enactment; or
            (B) for a costume worn, or intended to be worn,
        
by a person under 18 years of age.
    (f) Sentence.
        (1) A violation of paragraph (a)(8) is a petty
    
offense subject to a fine of not less than $5 nor more than $100, and the person, firm, copartnership, or corporation commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (c)(1) is a petty offense, and the company, association, or person commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (a)(2.1) or subsection (e) is a petty offense for which the offender shall be fined at least $100 and not more than $200.
        (2) A violation of paragraph (a)(1), (a)(3), or
    
(b)(7.5) is a Class C misdemeanor.
        (3) A violation of paragraph (a)(2), (a)(2.5),
    
(a)(7), (b)(2), or (b)(7) or subsection (d) is a Class A misdemeanor. A second or subsequent violation of subsection (d) is a Class 3 felony.
        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
    
(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a Class 4 felony.
        (5) A violation of paragraph (b)(4), (b)(9), or
    
(b)(12) is a Class 3 felony.
        (6) A violation of paragraph (b)(5) or (b)(10) is a
    
Class 2 felony.
        (7) A violation of paragraph (b)(6) is a Class 1
    
felony.
    (g) A violation of subsection (a)(1) through (a)(7) or subsection (e) of this Section may be accomplished in person or by any means of communication, including but not limited to the use of an Internet website or any form of electronic communication.
(Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16; 100-201, eff. 8-18-17.)

720 ILCS 5/17-2.5

    (720 ILCS 5/17-2.5)
    Sec. 17-2.5. (Repealed).
(Source: P.A. 93-239, eff. 7-22-03. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-3

    (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
    Sec. 17-3. Forgery.
    (a) A person commits forgery when, with intent to defraud, he or she knowingly:
        (1) makes a false document or alters any document to
    
make it false and that document is apparently capable of defrauding another; or
        (2) issues or delivers such document knowing it to
    
have been thus made or altered; or
        (3) possesses, with intent to issue or deliver, any
    
such document knowing it to have been thus made or altered; or
        (4) unlawfully uses the digital signature, as defined
    
in the Financial Institutions Electronic Documents and Digital Signature Act, of another; or
        (5) unlawfully uses the signature device of another
    
to create an electronic signature of that other person, as those terms are defined in the Electronic Commerce Security Act.
    (b) (Blank).
    (c) A document apparently capable of defrauding another includes, but is not limited to, one by which any right, obligation or power with reference to any person or property may be created, transferred, altered or terminated. A document includes any record or electronic record as those terms are defined in the Electronic Commerce Security Act. For purposes of this Section, a document also includes a Universal Price Code Label or coin.
    (c-5) For purposes of this Section, "false document" or "document that is false" includes, but is not limited to, a document whose contents are false in some material way, or that purports to have been made by another or at another time, or with different provisions, or by authority of one who did not give such authority.
    (d) Sentence.
        (1) Except as provided in paragraphs (2) and (3),
    
forgery is a Class 3 felony.
        (2) Forgery is a Class 4 felony when only one
    
Universal Price Code Label is forged.
        (3) Forgery is a Class A misdemeanor when an academic
    
degree or coin is forged.
    (e) It is not a violation of this Section if a false academic degree explicitly states "for novelty purposes only".
(Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/17-3.5

    (720 ILCS 5/17-3.5)
    Sec. 17-3.5. Deceptive sale of gold or silver.
    (a) Whoever makes for sale, or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article or articles construed in whole or in part, of gold or any alloy or imitation thereof, having thereon or on any box, package, cover, wrapper or other thing enclosing or encasing such article or articles for sale, any stamp, brand, engraving, printed label, trade mark, imprint or other mark, indicating or designed, or intended to indicate, that the gold, alloy or imitation thereof, in such article or articles, is different from or better than the actual kind and quality of such gold, alloy or imitation, shall be guilty of a petty offense and shall be fined in any sum not less than $50 nor more than $100.
    (b) Whoever makes for sale, sells or offers to sell or dispose of or has in his or her possession, with intent to sell or dispose of, any article or articles constructed in whole or in part of silver or any alloy or imitation thereof, having thereon--or on any box, package, cover, wrapper or other thing enclosing or encasing such article or articles for sale--any stamp, brand, engraving, printed label, trademark, imprint or other mark, containing the words "sterling" or "sterling silver," referring, or designed or intended to refer, to the silver, alloy or imitation thereof in such article or articles, when such silver, alloy or imitation thereof shall contain less than nine hundred and twenty-five one-thousandths thereof of pure silver, shall be guilty of a petty offense and shall be fined in any sum not less than $50 nor more than $100.
    (c) Whoever makes for sale, sells or offers to sell or dispose of or has in his or her possession, with intent to sell or dispose of, any article or articles constructed in whole or in part of silver or any alloy or imitation thereof, having thereon--or on any box, package, cover, wrapper or other thing enclosing or encasing such article or articles for sale--any stamp, brand, engraving, printed label, trademark, imprint, or other mark, containing the words "coin" or "coin silver," referring to or designed or intended to refer to, the silver, alloy or imitation thereof, in such article or articles, when such silver, alloy or imitation shall contain less than nine-tenths thereof pure silver, shall be guilty of a petty offense and shall be fined in any sum not less than $50 and not more than $100.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-4

    (720 ILCS 5/17-4) (from Ch. 38, par. 17-4)
    Sec. 17-4. (Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-5

    (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
    Sec. 17-5. Deceptive collection practices. A collection agency as defined in the Collection Agency Act or any employee of such collection agency commits a deceptive collection practice when, with the intent to collect a debt owed to an individual or a corporation or other entity, he, she, or it does any of the following:
        (a) Represents falsely that he or she is an attorney,
    
a policeman, a sheriff or deputy sheriff, a bailiff, a county clerk or employee of a county clerk's office, or any other person who by statute is authorized to enforce the law or any order of a court.
        (b) While attempting to collect an alleged debt,
    
misrepresents to the alleged debtor or to his or her immediate family the corporate, partnership or proprietary name or other trade or business name under which the debt collector is engaging in debt collections and which he, she, or it is legally authorized to use.
        (c) While attempting to collect an alleged debt, adds
    
to the debt any service charge, interest or penalty which he, she, or it is not entitled by law to add.
        (d) Threatens to ruin, destroy, or otherwise
    
adversely affect an alleged debtor's credit rating unless, at the same time, a disclosure is made in accordance with federal law that the alleged debtor has a right to inspect his or her credit rating.
        (e) Accepts from an alleged debtor a payment which
    
he, she, or it knows is not owed.
    Sentence. The commission of a deceptive collection practice is a Business Offense punishable by a fine not to exceed $3,000.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-5.5

    (720 ILCS 5/17-5.5)
    Sec. 17-5.5. Unlawful attempt to collect compensated debt against a crime victim.
    (a) A person or a vendor commits unlawful attempt to collect a compensated debt against a crime victim when, with intent to collect funds for a debt incurred by or on behalf of a crime victim, which debt has been approved for payment by the Court of Claims under the Crime Victims Compensation Act, but the funds are involuntarily withheld from the person or vendor by the Comptroller by virtue of an outstanding obligation owed by the person or vendor to the State under the Uncollected State Claims Act, the person or vendor:
        (1) communicates with, harasses, or intimidates the
    
crime victim for payment;
        (2) contacts or distributes information to affect the
    
compensated crime victim's credit rating as a result of the compensated debt; or
        (3) takes any other action adverse to the crime
    
victim or his or her family on account of the compensated debt.
    (b) Sentence. Unlawful attempt to collect a compensated debt against a crime victim is a Class A misdemeanor.
    (c) Nothing in this Code prevents the attempt to collect an uncompensated debt or an uncompensated portion of a compensated debt incurred by or on behalf of a crime victim and not covered under the Crime Victims Compensation Act.
    (d) As used in this Section, "crime victim" means a victim of a violent crime or applicant as defined in the Crime Victims Compensation Act. "Compensated debt" means a debt incurred by or on behalf of a crime victim and approved for payment by the Court of Claims under the Crime Victims Compensation Act.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-5.7

    (720 ILCS 5/17-5.7)
    Sec. 17-5.7. Deceptive advertising.
    (a) Any person, firm, corporation or association or agent or employee thereof, who, with intent to sell, purchase, or in any wise dispose of, or to contract with reference to merchandise, securities, real estate, service, employment, money, credit or anything offered by such person, firm, corporation or association, or agent or employee thereof, directly or indirectly, to the public for sale, purchase, loan, distribution, or the hire of personal services, or with intent to increase the consumption of or to contract with reference to any merchandise, real estate, securities, money, credit, loan, service or employment, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, or to make any loan, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this State, in a newspaper, magazine, or other publication, or in the form of a book, notice, handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, label, or over any radio or television station, or in any other way similar or dissimilar to the foregoing, an advertisement, announcement, or statement of any sort regarding merchandise, securities, real estate, money, credit, service, employment, or anything so offered for use, purchase, loan or sale, or the interest, terms or conditions upon which such loan will be made to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, misleading or deceptive, shall be guilty of a Class A misdemeanor.
    (b) Any person, firm or corporation offering for sale merchandise, commodities or service by making, publishing, disseminating, circulating or placing before the public within this State in any manner an advertisement of merchandise, commodities, or service, with the intent, design or purpose not to sell the merchandise, commodities, or service so advertised at the price stated therein, or otherwise communicated, or with intent not to sell the merchandise, commodities, or service so advertised, may be enjoined from such advertising upon application for injunctive relief by the State's Attorney or Attorney General, and shall also be guilty of a Class A misdemeanor.
    (c) Any person, firm or corporation who makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in this State, in a newspaper, magazine or other publication published in this State, or in the form of a book, notice, handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, or label distributed in this State, or over any radio or television station located in this State or in any other way in this State similar or dissimilar to the foregoing, an advertisement, announcement, statement or representation of any kind to the public relating to the sale, offering for sale, purchase, use or lease of any real estate in a subdivision located outside the State of Illinois may be enjoined from such activity upon application for injunctive relief by the State's Attorney or Attorney General and shall also be guilty of a Class A misdemeanor unless such advertisement, announcement, statement or representation contains or is accompanied by a clear, concise statement of the proximity of such real estate in common units of measurement to public schools, public highways, fresh water supply, public sewers, electric power, stores and shops, and telephone service or contains a statement that one or more of such facilities are not readily available, and name those not available.
    (d) Subsections (a), (b), and (c) do not apply to any medium for the printing, publishing, or disseminating of advertising, or any owner, agent or employee thereof, nor to any advertising agency or owner, agent or employee thereof, nor to any radio or television station, or owner, agent, or employee thereof, for printing, publishing, or disseminating, or causing to be printed, published, or disseminated, such advertisement in good faith and without knowledge of the deceptive character thereof.
    (e) No person, firm or corporation owning or operating a service station shall advertise or hold out or state to the public the per gallon price of gasoline, upon any sign on the premises of such station, unless such price includes all taxes, and unless the price, as so advertised, corresponds with the price appearing on the pump from which such gasoline is dispensed. Also, the identity of the product must be included with the price in any such advertisement, holding out or statement to the public. Any person who violates this subsection (e) shall be guilty of a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 10

 
    (720 ILCS 5/Art. 17, Subdiv. 10 heading)
SUBDIVISION 10. FRAUD ON A GOVERNMENTAL ENTITY
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-6

    (720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
    Sec. 17-6. State benefits fraud.
    (a) A person commits State benefits fraud when he or she obtains or attempts to obtain money or benefits from the State of Illinois, from any political subdivision thereof, or from any program funded or administered in whole or in part by the State of Illinois or any political subdivision thereof through the knowing use of false identification documents or through the knowing misrepresentation of his or her age, place of residence, number of dependents, marital or family status, employment status, financial status, or any other material fact upon which his eligibility for or degree of participation in any benefit program might be based.
    (b) Notwithstanding any provision of State law to the contrary, every application or other document submitted to an agency or department of the State of Illinois or any political subdivision thereof to establish or determine eligibility for money or benefits from the State of Illinois or from any political subdivision thereof, or from any program funded or administered in whole or in part by the State of Illinois or any political subdivision thereof, shall be made available upon request to any law enforcement agency for use in the investigation or prosecution of State benefits fraud or for use in the investigation or prosecution of any other crime arising out of the same transaction or occurrence. Except as otherwise permitted by law, information disclosed pursuant to this subsection shall be used and disclosed only for the purposes provided herein. The provisions of this Section shall be operative only to the extent that they do not conflict with any federal law or regulation governing federal grants to this State.
    (c) Any employee of the State of Illinois or any agency or political subdivision thereof may seize as evidence any false or fraudulent document presented to him or her in connection with an application for or receipt of money or benefits from the State of Illinois, from any political subdivision thereof, or from any program funded or administered in whole or in part by the State of Illinois or any political subdivision thereof.
    (d) Sentence.
    (1) State benefits fraud is a Class 4 felony except when more than $300 is obtained, in which case State benefits fraud is a Class 3 felony.
    (2) If a person knowingly misrepresents oneself as a veteran or as a dependent of a veteran with the intent of obtaining benefits or privileges provided by the State or its political subdivisions to veterans or their dependents, then State benefits fraud is a Class 3 felony when $300 or less is obtained and a Class 2 felony when more than $300 is obtained. For the purposes of this paragraph (2), benefits and privileges include, but are not limited to, those benefits and privileges available under the Veterans' Employment Act, the Viet Nam Veterans Compensation Act, the Prisoner of War Bonus Act, the War Bonus Extension Act, the Military Veterans Assistance Act, the Veterans' Employment Representative Act, the Veterans Preference Act, the Service Member's Employment Tenure Act, the Housing for Veterans with Disabilities Act, the Under Age Veterans Benefits Act, the Survivors Compensation Act, the Children of Deceased Veterans Act, the Veterans Burial Places Act, the Higher Education Student Assistance Act, or any other loans, assistance in employment, monetary payments, or tax exemptions offered by the State or its political subdivisions for veterans or their dependents.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/17-6.3

    (720 ILCS 5/17-6.3)
    Sec. 17-6.3. WIC fraud.
    (a) For the purposes of this Section, the Special Supplemental Food Program for Women, Infants and Children administered by the Illinois Department of Public Health or Department of Human Services shall be referred to as "WIC".
    (b) A person commits WIC fraud if he or she knowingly (i) uses, acquires, possesses, or transfers WIC Food Instruments or authorizations to participate in WIC in any manner not authorized by law or the rules of the Illinois Department of Public Health or Department of Human Services or (ii) uses, acquires, possesses, or transfers altered WIC Food Instruments or authorizations to participate in WIC.
    (c) Administrative malfeasance.
        (1) A person commits administrative malfeasance if he
    
or she knowingly or recklessly misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available for WIC.
        (2) An official or employee of the State or a unit of
    
local government who knowingly aids, abets, assists, or participates in a known violation of this Section is subject to disciplinary proceedings under the rules of the applicable State agency or unit of local government.
    (d) Unauthorized possession of identification document. A person commits unauthorized possession of an identification document if he or she knowingly possesses, with intent to commit a misdemeanor or felony, another person's identification document issued by the Illinois Department of Public Health or Department of Human Services. For purposes of this Section, "identification document" includes, but is not limited to, an authorization to participate in WIC or a card or other document that identifies a person as being entitled to WIC benefits.
    (e) Penalties.
        (1) If an individual, firm, corporation, association,
    
agency, institution, or other legal entity is found by a court to have engaged in an act, practice, or course of conduct declared unlawful under subsection (a), (b), or (c) of this Section and:
            (A) the total amount of money involved in the
        
violation, including the monetary value of the WIC Food Instruments and the value of commodities, is less than $150, the violation is a Class A misdemeanor; a second or subsequent violation is a Class 4 felony;
            (B) the total amount of money involved in the
        
violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 4 felony; a second or subsequent violation is a Class 3 felony;
            (C) the total amount of money involved in the
        
violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 3 felony; a second or subsequent violation is a Class 2 felony;
            (D) the total amount of money involved in the
        
violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $5,000 or more but less than $10,000, the violation is a Class 2 felony; a second or subsequent violation is a Class 1 felony; or
            (E) the total amount of money involved in the
        
violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $10,000 or more, the violation is a Class 1 felony and the defendant shall be permanently ineligible to participate in WIC.
        (2) A violation of subsection (d) is a Class 4 felony.
        (3) The State's Attorney of the county in which the
    
violation of this Section occurred or the Attorney General shall bring actions arising under this Section in the name of the People of the State of Illinois.
        (4) For purposes of determining the classification of
    
an offense under this subsection (e), all of the money received as a result of the unlawful act, practice, or course of conduct, including the value of any WIC Food Instruments and the value of commodities, shall be aggregated.
    (f) Seizure and forfeiture of property.
        (1) A person who commits a felony violation of this
    
Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
        (2) Property subject to forfeiture under this
    
subsection (f) may be seized by the Director of State Police or any local law enforcement agency upon process or seizure warrant issued by any court having jurisdiction over the property. The Director or a local law enforcement agency may seize property under this subsection (f) without process under any of the following circumstances:
            (A) If the seizure is incident to inspection
        
under an administrative inspection warrant.
            (B) If the property subject to seizure has been
        
the subject of a prior judgment in favor of the State in a criminal proceeding or in an injunction or forfeiture proceeding under Article 124B of the Code of Criminal Procedure of 1963.
            (C) If there is probable cause to believe that
        
the property is directly or indirectly dangerous to health or safety.
            (D) If there is probable cause to believe that
        
the property is subject to forfeiture under this subsection (f) and Article 124B of the Code of Criminal Procedure of 1963 and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable.
            (E) In accordance with the Code of Criminal
        
Procedure of 1963.
    (g) Future participation as WIC vendor. A person who has been convicted of a felony violation of this Section is prohibited from participating as a WIC vendor for a minimum period of 3 years following conviction and until the total amount of money involved in the violation, including the value of WIC Food Instruments and the value of commodities, is repaid to WIC. This prohibition shall extend to any person with management responsibility in a firm, corporation, association, agency, institution, or other legal entity that has been convicted of a violation of this Section and to an officer or person owning, directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate vendor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-6.5

    (720 ILCS 5/17-6.5)
    Sec. 17-6.5. Persons under deportation order; ineligibility for benefits.
    (a) An individual against whom a United States Immigration Judge has issued an order of deportation which has been affirmed by the Board of Immigration Review, as well as an individual who appeals such an order pending appeal, under paragraph 19 of Section 241(a) of the Immigration and Nationality Act relating to persecution of others on account of race, religion, national origin or political opinion under the direction of or in association with the Nazi government of Germany or its allies, shall be ineligible for the following benefits authorized by State law:
        (1) The homestead exemptions and homestead
    
improvement exemption under Sections 15-170, 15-175, 15-176, and 15-180 of the Property Tax Code.
        (2) Grants under the Senior Citizens and Persons with
    
Disabilities Property Tax Relief Act.
        (3) The double income tax exemption conferred upon
    
persons 65 years of age or older by Section 204 of the Illinois Income Tax Act.
        (4) Grants provided by the Department on Aging.
        (5) Reductions in vehicle registration fees under
    
Section 3-806.3 of the Illinois Vehicle Code.
        (6) Free fishing and reduced fishing license fees
    
under Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.
        (7) Tuition free courses for senior citizens under
    
the Senior Citizen Courses Act.
        (8) Any benefits under the Illinois Public Aid Code.
    (b) If a person has been found by a court to have knowingly received benefits in violation of subsection (a) and:
        (1) the total monetary value of the benefits
    
received is less than $150, the person is guilty of a Class A misdemeanor; a second or subsequent violation is a Class 4 felony;
        (2) the total monetary value of the benefits
    
received is $150 or more but less than $1,000, the person is guilty of a Class 4 felony; a second or subsequent violation is a Class 3 felony;
        (3) the total monetary value of the benefits
    
received is $1,000 or more but less than $5,000, the person is guilty of a Class 3 felony; a second or subsequent violation is a Class 2 felony;
        (4) the total monetary value of the benefits
    
received is $5,000 or more but less than $10,000, the person is guilty of a Class 2 felony; a second or subsequent violation is a Class 1 felony; or
        (5) the total monetary value of the benefits
    
received is $10,000 or more, the person is guilty of a Class 1 felony.
    (c) For purposes of determining the classification of an offense under this Section, all of the monetary value of the benefits received as a result of the unlawful act, practice, or course of conduct may be accumulated.
    (d) Any grants awarded to persons described in subsection (a) may be recovered by the State of Illinois in a civil action commenced by the Attorney General in the circuit court of Sangamon County or the State's Attorney of the county of residence of the person described in subsection (a).
    (e) An individual described in subsection (a) who has been deported shall be restored to any benefits which that individual has been denied under State law pursuant to subsection (a) if (i) the Attorney General of the United States has issued an order cancelling deportation and has adjusted the status of the individual to that of an alien lawfully admitted for permanent residence in the United States or (ii) the country to which the individual has been deported adjudicates or exonerates the individual in a judicial or administrative proceeding as not being guilty of the persecution of others on account of race, religion, national origin, or political opinion under the direction of or in association with the Nazi government of Germany or its allies.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/17-7

    (720 ILCS 5/17-7) (from Ch. 38, par. 17-7)
    (This Section was renumbered as Section 17-60 by P.A. 96-1551.)
    Sec. 17-7. (Renumbered).
(Source: P.A. 83-808. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-8

    (720 ILCS 5/17-8) (from Ch. 38, par. 17-8)
    Sec. 17-8. (Repealed).
(Source: P.A. 84-418. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-8.3

    (720 ILCS 5/17-8.3) (was 720 ILCS 5/17-22)
    Sec. 17-8.3. False information on an application for employment with certain public or private agencies; use of false academic degree.
    (a) It is unlawful for an applicant for employment with a public or private agency that provides State funded services to persons with mental illness or developmental disabilities to knowingly furnish false information regarding professional certification, licensing, criminal background, or employment history for the 5 years immediately preceding the date of application on an application for employment with the agency if the position of employment requires or provides opportunity for contact with persons with mental illness or developmental disabilities.
    (b) It is unlawful for a person to knowingly use a false academic degree for the purpose of obtaining employment or admission to an institution of higher learning or admission to an advanced degree program at an institution of higher learning or for the purpose of obtaining a promotion or higher compensation in employment.
    (c) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-8.5

    (720 ILCS 5/17-8.5)
    Sec. 17-8.5. Fraud on a governmental entity.
    (a) Fraud on a governmental entity. A person commits fraud on a governmental entity when he or she knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of any governmental entity by the making of a false claim of bodily injury or of damage to or loss or theft of property or by causing a false claim of bodily injury or of damage to or loss or theft of property to be made against the governmental entity, intending to deprive the governmental entity permanently of the use and benefit of that property.
    (b) Aggravated fraud on a governmental entity. A person commits aggravated fraud on a governmental entity when he or she commits fraud on a governmental entity 3 or more times within an 18-month period arising out of separate incidents or transactions.
    (c) Conspiracy to commit fraud on a governmental entity. If aggravated fraud on a governmental entity forms the basis for a charge of conspiracy under Section 8-2 of this Code against a person, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged violations.
    (d) Organizer of an aggravated fraud on a governmental entity conspiracy. A person commits being an organizer of an aggravated fraud on a governmental entity conspiracy if aggravated fraud on a governmental entity forms the basis for a charge of conspiracy under Section 8-2 of this Code and the person occupies a position of organizer, supervisor, financer, or other position of management within the conspiracy.
    For the purposes of this Section, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of subdivision (a)(1) of Section 17-10.5 or subsection (a) of Section 17-8.5 of this Code need not be the same person or persons for each violation, as long as the accused occupied a position of organizer, supervisor, financer, or other position of management in each of the 3 or more alleged violations.
    Notwithstanding Section 8-5 of this Code, a person may be convicted and sentenced both for the offense of being an organizer of an aggravated fraud conspiracy and for any other offense that is the object of the conspiracy.
    (e) Sentence.
        (1) A violation of subsection (a) in which the value
    
of the property obtained or attempted to be obtained is $300 or less is a Class A misdemeanor.
        (2) A violation of subsection (a) in which the value
    
of the property obtained or attempted to be obtained is more than $300 but not more than $10,000 is a Class 3 felony.
        (3) A violation of subsection (a) in which the value
    
of the property obtained or attempted to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
        (4) A violation of subsection (a) in which the value
    
of the property obtained or attempted to be obtained is more than $100,000 is a Class 1 felony.
        (5) A violation of subsection (b) is a Class 1
    
felony, regardless of the value of the property obtained, attempted to be obtained, or caused to be obtained.
        (6) The offense of being an organizer of an
    
aggravated fraud conspiracy is a Class X felony.
        (7) Notwithstanding Section 8-5 of this Code, a
    
person may be convicted and sentenced both for the offense of conspiracy to commit fraud and for any other offense that is the object of the conspiracy.
    (f) Civil damages for fraud on a governmental entity. A person who knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of a governmental entity by the making of a false claim of bodily injury or of damage to or loss or theft of property, intending to deprive the governmental entity permanently of the use and benefit of that property, shall be civilly liable to the governmental entity that paid the claim or against whom the claim was made or to the subrogee of the governmental entity in an amount equal to either 3 times the value of the property wrongfully obtained or, if property was not wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, plus reasonable attorney's fees.
    (g) Determination of property value. For the purposes of this Section, if the exact value of the property attempted to be obtained is either not alleged by the claimant or not otherwise specifically set, the value of the property shall be the fair market replacement value of the property claimed to be lost, the reasonable costs of reimbursing a vendor or other claimant for services to be rendered, or both.
    (h) Actions by State licensing agencies.
        (1) All State licensing agencies, the Illinois State
    
Police, and the Department of Financial and Professional Regulation shall coordinate enforcement efforts relating to acts of fraud on a governmental entity.
        (2) If a person who is licensed or registered under
    
the laws of the State of Illinois to engage in a business or profession is convicted of or pleads guilty to engaging in an act of fraud on a governmental entity, the Illinois State Police must forward to each State agency by which the person is licensed or registered a copy of the conviction or plea and all supporting evidence.
        (3) Any agency that receives information under this
    
Section shall, not later than 6 months after the date on which it receives the information, publicly report the final action taken against the convicted person, including but not limited to the revocation or suspension of the license or any other disciplinary action taken.
    (i) Definitions. For the purposes of this Section, "obtain", "obtains control", "deception", "property", and "permanent deprivation" have the meanings ascribed to those terms in Article 15 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-9

    (720 ILCS 5/17-9) (from Ch. 38, par. 17-9)
    Sec. 17-9. Public aid wire and mail fraud.
    (a) Whoever knowingly (i) makes or transmits any communication by means of telephone, wire, radio, or television or (ii) places any communication with the United States Postal Service, or with any private or other mail, package, or delivery service or system, such communication being made, transmitted, placed, or received within the State of Illinois, intending that such communication be made, transmitted, or delivered in furtherance of any plan, scheme, or design to obtain, unlawfully, any benefit or payment under the Illinois Public Aid Code, commits public aid wire and mail fraud.
    (b) Whoever knowingly directs or causes any communication to be (i) made or transmitted by means of telephone, wire, radio, or television or (ii) placed with the United States Postal Service, or with any private or other mail, package, or delivery service or system, intending that such communication be made, transmitted, or delivered in furtherance of any plan, scheme, or design to obtain, unlawfully, any benefit or payment under the Illinois Public Aid Code, commits public aid wire and mail fraud.
    (c) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-10

    (720 ILCS 5/17-10) (from Ch. 38, par. 17-10)
    Sec. 17-10. (Repealed).
(Source: P.A. 84-1438. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-10.2

    (720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29)
    Sec. 17-10.2. Businesses owned by minorities, females, and persons with disabilities; fraudulent contracts with governmental units.
    (a) In this Section:
        "Minority person" means a person who is any of the
    
following:
        (1) American Indian or Alaska Native (a person having
    
origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
        (2) Asian (a person having origins in any of the
    
original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
        (3) Black or African American (a person having
    
origins in any of the black racial groups of Africa). Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".
        (4) Hispanic or Latino (a person of Cuban, Mexican,
    
Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
        (5) Native Hawaiian or Other Pacific Islander (a
    
person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
        "Female" means a person who is of the female gender.
        "Person with a disability" means a person who is a
    
person qualifying as having a disability.
        "Disability" means a severe physical or mental
    
disability that: (1) results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disabilities, or end stage renal failure disease; and (2) substantially limits one or more of the person's major life activities.
        "Minority owned business" means a business concern
    
that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it.
        "Female owned business" means a business concern that
    
is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it.
        "Business owned by a person with a disability" means
    
a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".
        "Governmental unit" means the State, a unit of local
    
government, or school district.
    (b) In addition to any other penalties imposed by law or by an ordinance or resolution of a unit of local government or school district, any individual or entity that knowingly obtains, or knowingly assists another to obtain, a contract with a governmental unit, or a subcontract or written commitment for a subcontract under a contract with a governmental unit, by falsely representing that the individual or entity, or the individual or entity assisted, is a minority owned business, female owned business, or business owned by a person with a disability is guilty of a Class 2 felony, regardless of whether the preference for awarding the contract to a minority owned business, female owned business, or business owned by a person with a disability was established by statute or by local ordinance or resolution.
    (c) In addition to any other penalties authorized by law, the court shall order that an individual or entity convicted of a violation of this Section must pay to the governmental unit that awarded the contract a penalty equal to one and one-half times the amount of the contract obtained because of the false representation.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/17-10.3

    (720 ILCS 5/17-10.3)
    Sec. 17-10.3. Deception relating to certification of disadvantaged business enterprises.
    (a) Fraudulently obtaining or retaining certification. A person who, in the course of business, fraudulently obtains or retains certification as a minority owned business, female owned business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony.
    (b) Willfully making a false statement. A person who, in the course of business, willfully makes a false statement whether by affidavit, report or other representation, to an official or employee of a State agency or the Minority and Female Business Enterprise Council for the purpose of influencing the certification or denial of certification of any business entity as a minority owned business, female owned business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony.
    (c) Willfully obstructing or impeding an official or employee of any agency in his or her investigation. Any person who, in the course of business, willfully obstructs or impedes an official or employee of any State agency or the Minority and Female Business Enterprise Council who is investigating the qualifications of a business entity which has requested certification as a minority owned business, female owned business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony.
    (d) Fraudulently obtaining public moneys reserved for disadvantaged business enterprises. Any person who, in the course of business, fraudulently obtains public moneys reserved for, or allocated or available to, minority owned businesses, female owned businesses, service-disabled veteran-owned small businesses, or veteran-owned small businesses commits a Class 2 felony.
    (e) Definitions. As used in this Article, "minority owned business", "female owned business", "State agency" with respect to minority owned businesses and female owned businesses, and "certification" with respect to minority owned businesses and female owned businesses shall have the meanings ascribed to them in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. As used in this Article, "service-disabled veteran-owned small business", "veteran-owned small business", "State agency" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses, and "certification" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses have the same meanings as in Section 45-57 of the Illinois Procurement Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-260, eff. 8-5-11.)

720 ILCS 5/Art. 17, Subdiv. 15

 
    (720 ILCS 5/Art. 17, Subdiv. 15 heading)
SUBDIVISION 15. FRAUD ON A PRIVATE ENTITY
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-10.5

    (720 ILCS 5/17-10.5)
    Sec. 17-10.5. Insurance fraud.
    (a) Insurance fraud.
        (1) A person commits insurance fraud when he or she
    
knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of an insurance company or self-insured entity by the making of a false claim or by causing a false claim to be made on any policy of insurance issued by an insurance company or by the making of a false claim or by causing a false claim to be made to a self-insured entity, intending to deprive an insurance company or self-insured entity permanently of the use and benefit of that property.
        (2) A person commits health care benefits fraud
    
against a provider, other than a governmental unit or agency, when he or she knowingly obtains or attempts to obtain, by deception, health care benefits and that obtaining or attempt to obtain health care benefits does not involve control over property of the provider.
    (b) Aggravated insurance fraud.
        (1) A person commits aggravated insurance fraud on a
    
private entity when he or she commits insurance fraud 3 or more times within an 18-month period arising out of separate incidents or transactions.
        (2) A person commits being an organizer of an
    
aggravated insurance fraud on a private entity conspiracy if aggravated insurance fraud on a private entity forms the basis for a charge of conspiracy under Section 8-2 of this Code and the person occupies a position of organizer, supervisor, financer, or other position of management within the conspiracy.
    (c) Conspiracy to commit insurance fraud. If aggravated insurance fraud on a private entity forms the basis for charges of conspiracy under Section 8-2 of this Code, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged violations.
    If aggravated insurance fraud on a private entity forms the basis for a charge of conspiracy under Section 8-2 of this Code, and the accused occupies a position of organizer, supervisor, financer, or other position of management within the conspiracy, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation as long as the accused occupied a position of organizer, supervisor, financer, or other position of management in each of the 3 or more alleged violations.
    (d) Sentence.
        (1) A violation of paragraph (a)(1) in which the
    
value of the property obtained, attempted to be obtained, or caused to be obtained is $300 or less is a Class A misdemeanor.
        (2) A violation of paragraph (a)(1) in which the
    
value of the property obtained, attempted to be obtained, or caused to be obtained is more than $300 but not more than $10,000 is a Class 3 felony.
        (3) A violation of paragraph (a)(1) in which the
    
value of the property obtained, attempted to be obtained, or caused to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
        (4) A violation of paragraph (a)(1) in which the
    
value of the property obtained, attempted to be obtained, or caused to be obtained is more than $100,000 is a Class 1 felony.
        (5) A violation of paragraph (a)(2) is a Class A
    
misdemeanor.
        (6) A violation of paragraph (b)(1) is a Class 1
    
felony, regardless of the value of the property obtained, attempted to be obtained, or caused to be obtained.
        (7) A violation of paragraph (b)(2) is a Class X
    
felony.
        (8) A person convicted of insurance fraud, vendor
    
fraud, or a federal criminal violation associated with defrauding the Medicaid program shall be ordered to pay monetary restitution to the insurance company or self-insured entity or any other person for any financial loss sustained as a result of a violation of this Section, including any court costs and attorney's fees. An order of restitution shall include expenses incurred and paid by the State of Illinois or an insurance company or self-insured entity in connection with any medical evaluation or treatment services.
        (9) Notwithstanding Section 8-5 of this Code, a
    
person may be convicted and sentenced both for the offense of conspiracy to commit insurance fraud or the offense of being an organizer of an aggravated insurance fraud conspiracy and for any other offense that is the object of the conspiracy.
    (e) Civil damages for insurance fraud.
        (1) A person who knowingly obtains, attempts to
    
obtain, or causes to be obtained, by deception, control over the property of any insurance company by the making of a false claim or by causing a false claim to be made on a policy of insurance issued by an insurance company, or by the making of a false claim or by causing a false claim to be made to a self-insured entity, intending to deprive an insurance company or self-insured entity permanently of the use and benefit of that property, shall be civilly liable to the insurance company or self-insured entity that paid the claim or against whom the claim was made or to the subrogee of that insurance company or self-insured entity in an amount equal to either 3 times the value of the property wrongfully obtained or, if no property was wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, plus reasonable attorney's fees.
        (2) An insurance company or self-insured entity that
    
brings an action against a person under paragraph (1) of this subsection in bad faith shall be liable to that person for twice the value of the property claimed, plus reasonable attorney's fees. In determining whether an insurance company or self-insured entity acted in bad faith, the court shall relax the rules of evidence to allow for the introduction of any facts or other information on which the insurance company or self-insured entity may have relied in bringing an action under paragraph (1) of this subsection.
    (f) Determination of property value. For the purposes of this Section, if the exact value of the property attempted to be obtained is either not alleged by the claimant or not specifically set by the terms of a policy of insurance, the value of the property shall be the fair market replacement value of the property claimed to be lost, the reasonable costs of reimbursing a vendor or other claimant for services to be rendered, or both.
    (g) Actions by State licensing agencies.
        (1) All State licensing agencies, the Illinois State
    
Police, and the Department of Financial and Professional Regulation shall coordinate enforcement efforts relating to acts of insurance fraud.
        (2) If a person who is licensed or registered under
    
the laws of the State of Illinois to engage in a business or profession is convicted of or pleads guilty to engaging in an act of insurance fraud, the Illinois State Police must forward to each State agency by which the person is licensed or registered a copy of the conviction or plea and all supporting evidence.
        (3) Any agency that receives information under this
    
Section shall, not later than 6 months after the date on which it receives the information, publicly report the final action taken against the convicted person, including but not limited to the revocation or suspension of the license or any other disciplinary action taken.
    (h) Definitions. For the purposes of this Section, "obtain", "obtains control", "deception", "property", and "permanent deprivation" have the meanings ascribed to those terms in Article 15 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/17-10.6

    (720 ILCS 5/17-10.6)
    Sec. 17-10.6. Financial institution fraud.
    (a) Misappropriation of financial institution property. A person commits misappropriation of a financial institution's property whenever he or she knowingly obtains or exerts unauthorized control over any of the moneys, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution, or under the custody or care of any agent, officer, director, or employee of such financial institution.
    (b) Commercial bribery of a financial institution.
        (1) A person commits commercial bribery of a
    
financial institution when he or she knowingly confers or offers or agrees to confer any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with the intent to influence his or her conduct in relation to his or her employer's or principal's affairs.
        (2) An employee, agent, or fiduciary of a financial
    
institution commits commercial bribery of a financial institution when, without the consent of his or her employer or principal, he or she knowingly solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to his or her employer's or principal's affairs.
    (c) Financial institution fraud. A person commits financial institution fraud when he or she knowingly executes or attempts to execute a scheme or artifice:
        (1) to defraud a financial institution; or
        (2) to obtain any of the moneys, funds, credits,
    
assets, securities, or other property owned by or under the custody or control of a financial institution, by means of pretenses, representations, or promises he or she knows to be false.
    (d) Loan fraud. A person commits loan fraud when he or she knowingly, with intent to defraud, makes any false statement or report, or overvalues any land, property, or security, with the intent to influence in any way the action of a financial institution to act upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security.
    (e) Concealment of collateral. A person commits concealment of collateral when he or she, with intent to defraud, knowingly conceals, removes, disposes of, or converts to the person's own use or to that of another any property mortgaged or pledged to or held by a financial institution.
    (f) Financial institution robbery. A person commits robbery when he or she knowingly, by force or threat of force, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion, any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, a financial institution.
    (g) Conspiracy to commit a financial crime.
        (1) A person commits conspiracy to commit a financial
    
crime when, with the intent that any violation of this Section be committed, he or she agrees with another person to the commission of that offense.
        (2) No person may be convicted of conspiracy to
    
commit a financial crime unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by that person or by a co-conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity.
        (3) It shall not be a defense to conspiracy to commit
    
a financial crime that the person or persons with whom the accused is alleged to have conspired:
            (A) has not been prosecuted or convicted;
            (B) has been convicted of a different offense;
            (C) is not amenable to justice;
            (D) has been acquitted; or
            (E) lacked the capacity to commit the offense.
    (h) Continuing financial crimes enterprise. A person commits a continuing financial crimes enterprise when he or she knowingly, within an 18-month period, commits 3 or more separate offenses constituting any combination of the following:
        (1) an offense under this Section;
        (2) a felony offense in violation of Section 16A-3 or
    
subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or
        (3) if involving a financial institution, any other
    
felony offense under this Code.
    (i) Organizer of a continuing financial crimes enterprise.
        (1) A person commits being an organizer of a
    
continuing financial crimes enterprise when he or she:
            (A) with the intent to commit any offense, agrees
        
with another person to the commission of any combination of the following offenses on 3 or more separate occasions within an 18-month period:
                (i) an offense under this Section;
                (ii) a felony offense in violation of Section
            
16A-3 or subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or
                (iii) if involving a financial institution,
            
any other felony offense under this Code; and
            (B) with respect to the other persons within the
        
conspiracy, occupies a position of organizer, supervisor, or financier or other position of management.
        (2) The person with whom the accused agreed to commit
    
the 3 or more offenses under this Section, or, if involving a financial institution, any other felony offenses under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses.
    (j) Sentence.
        (1) Except as otherwise provided in this subsection,
    
a violation of this Section, the full value of which:
            (A) does not exceed $500, is a Class A
        
misdemeanor;
            (B) does not exceed $500, and the person has been
        
previously convicted of a financial crime or any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion, is guilty of a Class 4 felony;
            (C) exceeds $500 but does not exceed $10,000, is
        
a Class 3 felony;
            (D) exceeds $10,000 but does not exceed $100,000,
        
is a Class 2 felony;
            (E) exceeds $100,000 but does not exceed
        
$500,000, is a Class 1 felony;
            (F) exceeds $500,000 but does not exceed
        
$1,000,000, is a Class 1 non-probationable felony; when a charge of financial crime, the full value of which exceeds $500,000 but does not exceed $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $500,000;
            (G) exceeds $1,000,000, is a Class X felony; when
        
a charge of financial crime, the full value of which exceeds $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $1,000,000.
        (2) A violation of subsection (f) is a Class 1 felony.
        (3) A violation of subsection (h) is a Class 1 felony.
        (4) A violation for subsection (i) is a Class X
    
felony.
    (k) A "financial crime" means an offense described in this Section.
    (l) Period of limitations. The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the offense is committed.
    (m) Forfeiture. Any violation of subdivision (2) of subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to the remedies, procedures, and forfeiture as set forth in subsections (f) through (s) of Section 29B-1 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532, eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/17-10.7

    (720 ILCS 5/17-10.7)
    Sec. 17-10.7. Insurance claims for excessive charges.
    (a) A person who sells goods or services commits insurance claims for excessive charges if:
        (1) the person knowingly advertises or promises to
    
provide the goods or services and to pay:
            (A) all or part of any applicable insurance
        
deductible; or
            (B) a rebate in an amount equal to all or part of
        
any applicable insurance deductible;
        (2) the goods or services are paid for by the
    
consumer from proceeds of a property or casualty insurance policy; and
        (3) the person knowingly charges an amount for the
    
goods or services that exceeds the usual and customary charge by the person for the goods or services by an amount equal to or greater than all or part of the applicable insurance deductible paid by the person to an insurer on behalf of an insured or remitted to an insured by the person as a rebate.
    (b) A person who is insured under a property or casualty insurance policy commits insurance claims for excessive charges if the person knowingly:
        (1) submits a claim under the policy based on charges
    
that are in violation of subsection (a) of this Section; or
        (2) knowingly allows a claim in violation of
    
subsection (a) of this Section to be submitted, unless the person promptly notifies the insurer of the excessive charges.
    (c) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 20

 
    (720 ILCS 5/Art. 17, Subdiv. 20 heading)
SUBDIVISION 20. FRAUDULENT TAMPERING
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-11

    (720 ILCS 5/17-11) (from Ch. 38, par. 17-11)
    Sec. 17-11. Odometer or hour meter fraud. A person commits odometer or hour meter fraud when he or she disconnects, resets, or alters, or causes to be disconnected, reset, or altered, the odometer of any used motor vehicle or the hour meter of any used farm implement to conceal or change the actual miles driven or hours of operation with the intent to defraud another. A violation of this Section is a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. This Section does not apply to legitimate practices of automotive or implement parts recyclers who recycle used odometers or hour meters for resale.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-11.1

    (720 ILCS 5/17-11.1)
    Sec. 17-11.1. (Repealed).
(Source: P.A. 89-626, eff. 8-9-96. Repealed by P.A. 96-1551, eff. 7-1-11.)