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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 5/14-6

    (720 ILCS 5/14-6) (from Ch. 38, par. 14-6)
    Sec. 14-6. Civil remedies to injured parties.
    (1) Any or all parties to any conversation or electronic communication upon which eavesdropping is practiced contrary to this Article shall be entitled to the following remedies:
        (a) To an injunction by the circuit court prohibiting
    
further eavesdropping by the eavesdropper and by or on behalf of his principal, or either;
        (b) To all actual damages against the eavesdropper or
    
his principal or both;
        (c) To any punitive damages which may be awarded by
    
the court or by a jury;
        (d) To all actual damages against any landlord, owner
    
or building operator, or any common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned;
        (e) To any punitive damages which may be awarded by
    
the court or by a jury against any landlord, owner or building operator, or common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned.
    (2) No cause of action shall lie in any court against any common carrier by wire or its officers, agents or employees for providing information, assistance or facilities in accordance with the terms of a court order entered under Article 108A of the Code of Criminal Procedure of 1963.
    (3) No civil claim, cause of action, or remedy shall lie against a parent, step-parent, guardian, or grandparent for eavesdropping of electronic communications through access to their minor's electronic accounts during that parent, step-parent, guardian, or grandparent's exercise of his or her parental rights to supervise, monitor, and control the activities of a minor in his or her care, custody, or control. This provision does not diminish the protections given to electronic accounts of a minor under any existing law other than this Article.
(Source: P.A. 98-268, eff. 1-1-14.)

720 ILCS 5/14-7

    (720 ILCS 5/14-7) (from Ch. 38, par. 14-7)
    Sec. 14-7. Common carrier to aid in detection.
    Subject to regulation by the Illinois Commerce Commission, any common carrier by wire shall, upon request of any subscriber and upon responsible offer to pay the reasonable cost thereof, furnish whatever services may be within its command for the purpose of detecting any eavesdropping involving its wires which are used by said subscriber. All such requests by subscribers shall be kept confidential unless divulgence is authorized in writing by the requesting subscriber.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/14-8

    (720 ILCS 5/14-8) (from Ch. 38, par. 14-8)
    Sec. 14-8. Discovery of eavesdropping device by an individual, common carrier, private investigative agency or non-governmental corporation). Any agent, officer or employee of a private investigative agency or non-governmental corporation, or of a common carrier by wire, or any individual, who discovers any physical evidence of an eavesdropping device being used which such person does not know to be a legal eavesdropping device shall, within a reasonable time after such discovery disclose the existence of such eavesdropping device to the State's Attorney of the county where such device was found. The State's Attorney shall within a reasonable time notify the person or persons apparently being eavesdropped upon of the existence of that device if the device is illegal. A violation of this Section is a Business Offense for which a fine shall be imposed not to exceed $500.
(Source: P.A. 79-984; 79-1454.)

720 ILCS 5/14-9

    (720 ILCS 5/14-9) (from Ch. 38, par. 14-9)
    Sec. 14-9. Discovery of eavesdropping device by common carrier by wire - disclosure to subscriber.) Any agent, officer or employee of any common carrier by wire who discovers any physical evidence of an eavesdropping device which such person does not know to be a legal eavesdropping device shall, within a reasonable time after such discovery, disclose the existence of the eavesdropping device to the State's Attorney of the County where such device was found. The State's Attorney shall within a reasonable time notify the person or persons apparently being eavesdropped upon of the existence of that device if the device is illegal. A violation of this Section is a Business Offense for which a fine shall be imposed not to exceed $500.
(Source: P.A. 79-985.)

720 ILCS 5/Tit. III Pt. C

 
    (720 ILCS 5/Tit. III Pt. C heading)
PART C. OFFENSES DIRECTED AGAINST PROPERTY

720 ILCS 5/Art. 15

 
    (720 ILCS 5/Art. 15 heading)
ARTICLE 15. DEFINITIONS

720 ILCS 5/15-1

    (720 ILCS 5/15-1) (from Ch. 38, par. 15-1)
    Sec. 15-1. Property. As used in this Part C, "property" means anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor, or services, or otherwise of value to the owner; things growing on, affixed to, or found on land, or part of or affixed to any building; electricity, gas and water; telecommunications services; birds, animals and fish, which ordinarily are kept in a state of confinement; food and drink; samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, computer programs or data, prototypes or models thereof, or any other articles, materials, devices, substances and whole or partial copies, descriptions, photographs, prototypes, or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement.
(Source: P.A. 88-75.)

720 ILCS 5/15-2

    (720 ILCS 5/15-2) (from Ch. 38, par. 15-2)
    Sec. 15-2. Owner.
    As used in this Part C, "owner" means a person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/15-3

    (720 ILCS 5/15-3) (from Ch. 38, par. 15-3)
    Sec. 15-3. Permanent deprivation.
    As used in this Part C, to "permanently deprive" means to:
    (a) Defeat all recovery of the property by the owner; or
    (b) Deprive the owner permanently of the beneficial use of the property; or
    (c) Retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or
    (d) Sell, give, pledge, or otherwise transfer any interest in the property or subject it to the claim of a person other than the owner.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/15-4

    (720 ILCS 5/15-4) (from Ch. 38, par. 15-4)
    Sec. 15-4. Deception.
    As used in this Part C "deception" means knowingly to:
    (a) Create or confirm another's impression which is false and which the offender does not believe to be true; or
    (b) Fail to correct a false impression which the offender previously has created or confirmed; or
    (c) Prevent another from acquiring information pertinent to the disposition of the property involved; or
    (d) Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or
    (e) Promise performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not evidence that the offender did not intend to perform.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/15-5

    (720 ILCS 5/15-5) (from Ch. 38, par. 15-5)
    Sec. 15-5. Threat.
    As used in this Part C, "threat" means a menace, however communicated, to:
    (a) Inflict physical harm on the person threatened or any other person or on property; or
    (b) Subject any person to physical confinement or restraint; or
    (c) Commit any criminal offense; or
    (d) Accuse any person of a criminal offense; or
    (e) Expose any person to hatred, contempt or ridicule; or
    (f) Harm the credit or business repute of any person; or
    (g) Reveal any information sought to be concealed by the person threatened; or
    (h) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
    (i) Bring about or continue a strike, boycott or other similar collective action if the property is not demanded or received for the benefit of the group which he purports to represent; or
    (j) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
    (k) Inflict any other harm which would not benefit the offender.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/15-6

    (720 ILCS 5/15-6) (from Ch. 38, par. 15-6)
    Sec. 15-6. Stolen property. As used in this Part C, "stolen property" means property over which control has been obtained by theft.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/15-7

    (720 ILCS 5/15-7) (from Ch. 38, par. 15-7)
    Sec. 15-7. Obtain.
    As used in this Part C, "obtain" means:
    (a) In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another, and
    (b) In relation to labor or services, to secure the performance thereof.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/15-8

    (720 ILCS 5/15-8) (from Ch. 38, par. 15-8)
    Sec. 15-8. Obtains control. As used in this Part C, the phrase "obtains or exerts control" over property, includes but is not limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of property.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/15-9

    (720 ILCS 5/15-9) (from Ch. 38, par. 15-9)
    Sec. 15-9. Value.
    As used in this Part C, the "value" of property consisting of any commercial instrument or any written instrument representing or embodying rights concerning anything of value, labor, or services or otherwise of value to the owner shall be:
    (a) The "market value" of such instrument if such instrument is negotiable and has a market value; and
    (b) The "actual value" of such instrument if such instrument is not negotiable or is otherwise without a market value. For the purpose of establishing such "actual value", the interest of any owner or owners entitled to part or all of the property represented by such instrument, by reason of such instrument, may be shown, even if another "owner" may be named in the complaint, information or indictment.
(Source: Laws 1967, p. 2849.)

720 ILCS 5/15-10

    (720 ILCS 5/15-10)
    Sec. 15-10. Governmental property. As used in this Part C, "governmental property" means funds or other property owned by the State, a unit of local government, or a school district.
(Source: P.A. 94-134, eff. 1-1-06.)

720 ILCS 5/Art. 16

 
    (720 ILCS 5/Art. 16 heading)
ARTICLE 16. THEFT AND RELATED OFFENSES

720 ILCS 5/Art. 16, Subdiv. 1

 
    (720 ILCS 5/Art. 16, Subdiv. 1 heading)
SUBDIVISION 1. DEFINITIONS
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-0.1

    (720 ILCS 5/16-0.1)
    Sec. 16-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated:
    "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.
    "Coin-operated machine" includes any automatic vending machine or any part thereof, parking meter, coin telephone, coin-operated transit turnstile, transit fare box, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer.
    "Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet-based, data transmission, or wireless distribution network, system or facility; or any part, accessory, or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any communication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals, or services.
    "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of signs, signals, data, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones or a wire, wireless, radio, electromagnetic, photo-electronic or photo-optical system; and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet-based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies.
    "Communication service provider" means: (1) any person or entity providing any communication service, whether directly or indirectly, as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (2) any person or entity owning or operating any cable television, fiber optic, satellite, telephone, wireless, microwave, radio, data transmission or Internet-based distribution network, system or facility; and (3) any person or entity providing any communication service directly or indirectly by or through any such distribution system, network or facility.
    "Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers.
    "Continuing course of conduct" means a series of acts, and the accompanying mental state necessary for the crime in question, irrespective of whether the series of acts are continuous or intermittent.
    "Delivery container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product.
    "Document-making implement" means any implement, impression, template, computer file, computer disc, electronic device, computer hardware, computer software, instrument, or device that is used to make a real or fictitious or fraudulent personal identification document.
    "Financial transaction device" means any of the following:
        (1) An electronic funds transfer card.
        (2) A credit card.
        (3) A debit card.
        (4) A point-of-sale card.
        (5) Any instrument, device, card, plate, code,
    
account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or State identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:
            (A) Obtaining money, cash refund or credit
        
account, credit, goods, services, or any other thing of value.
            (B) Certifying or guaranteeing to a person or
        
business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.
            (C) Providing the device holder access to a
        
deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.
    "Full retail value" means the merchant's stated or advertised price of the merchandise. "Full retail value" includes the aggregate value of property obtained from retail thefts committed by the same person as part of a continuing course of conduct from one or more mercantile establishments in a single transaction or in separate transactions over a period of one year.
    "Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
    "Library card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on the borrowing by the library facility issuing such card.
    "Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.
    "Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.
    "Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re-program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re-transmission.
    "Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication or wireless device or to modify, alter, program or reprogram a communication or wireless device to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission or decryption of, a communication service without the express consent or express authorization of the communication service provider, or to knowingly assist others in those activities.
    "Master sound recording" means the original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
    "Merchandise" means any item of tangible personal property, including motor fuel.
    "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator. "Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.
    "Motor fuel" means a liquid, regardless of its properties, used to propel a vehicle, including gasoline and diesel.
    "Online" means the use of any electronic or wireless device to access the Internet.
    "Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
    "Person with a disability" means a person who suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
    "Personal identification document" means a birth certificate, a driver's license, a State identification card, a public, government, or private employment identification card, a social security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the State of Illinois, or any other state political subdivision of any state, or any other governmental or quasi-governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority.
    "Personal identifying information" means any of the following information:
        (1) A person's name.
        (2) A person's address.
        (3) A person's date of birth.
        (4) A person's telephone number.
        (5) A person's driver's license number or State of
    
Illinois identification card as assigned by the Secretary of State of the State of Illinois or a similar agency of another state.
        (6) A person's social security number.
        (7) A person's public, private, or government
    
employer, place of employment, or employment identification number.
        (8) The maiden name of a person's mother.
        (9) The number assigned to a person's depository
    
account, savings account, or brokerage account.
        (10) The number assigned to a person's credit or
    
debit card, commonly known as a "Visa Card", "MasterCard", "American Express Card", "Discover Card", or other similar cards whether issued by a financial institution, corporation, or business entity.
        (11) Personal identification numbers.
        (12) Electronic identification numbers.
        (13) Digital signals.
        (14) User names, passwords, and any other word,
    
number, character or combination of the same usable in whole or part to access information relating to a specific individual, or to the actions taken, communications made or received, or other activities or transactions of a specific individual.
        (15) Any other numbers or information which can be
    
used to access a person's financial resources, or to identify a specific individual, or the actions taken, communications made or received, or other activities or transactions of a specific individual.
    "Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers; and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
    "Public water, gas, or power supply, or other public services" mean any service subject to regulation by the Illinois Commerce Commission; any service furnished by a public utility that is owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State; any service furnished by any public utility that is owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act; or wireless service or other service regulated by the Federal Communications Commission.
    "Publish" means to communicate or disseminate information to any one or more persons, either orally, in person, or by telephone, radio or television or in writing of any kind, including, without limitation, a letter or memorandum, circular or handbill, newspaper or magazine article or book.
    "Radio frequency identification device" means any implement, computer file, computer disc, electronic device, computer hardware, computer software, or instrument that is used to activate, read, receive, or decode information stored on a RFID tag or transponder attached to a personal identification document.
    "RFID tag or transponder" means a chip or device that contains personal identifying information from which the personal identifying information can be read or decoded by another device emitting a radio frequency that activates or powers a radio frequency emission response from the chip or transponder.
    "Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
    "Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.
    "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
    "Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
    "Sound or audio visual recording" means any sound or audio visual phonograph record, disc, pre-recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.
    "Theft detection device remover" means any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise.
    "Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
    "Unidentified sound or audio visual recording" means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.
    "Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software which is primarily possessed, used, designed, assembled, manufactured, sold, distributed or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions to protect any such communication, audio or video services, programs or transmissions from unauthorized access, acquisition, receipt, decryption, disclosure, communication, transmission or re-transmission.
    "Unlawful communication device" means any electronic serial number, mobile identification number, personal identification number or any communication or wireless device that is capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider, or that has been altered, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or other equipment, to so acquire or facilitate the unauthorized acquisition of a communication service. "Unlawful communication device" also means:
        (1) any phone altered to obtain service without the
    
express consent or express authorization of the communication service provider, tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, scanning receiver of wireless communication service or other instrument capable of disguising its identity or location or of gaining unauthorized access to a communications or wireless system operated by a communication service provider; and
        (2) any communication or wireless device which is
    
capable of, or has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or devices, so as to be capable of, facilitating the disruption, acquisition, receipt, transmission or decryption of a communication service without the express consent or express authorization of the communication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to or acquisition of any communication service provided by any communication service provider.
    "Vehicle" means a motor vehicle, motorcycle, or farm implement that is self-propelled and that uses motor fuel for propulsion.
    "Wireless device" includes any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic or radio communications, or any part of such instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component that is capable of facilitating the transmission or reception of telephonic, electronic, or radio communications.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/Art. 16, Subdiv. 5

 
    (720 ILCS 5/Art. 16, Subdiv. 5 heading)
SUBDIVISION 5. GENERAL THEFT
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-1

    (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
    Sec. 16-1. Theft.
    (a) A person commits theft when he or she knowingly:
        (1) Obtains or exerts unauthorized control over
    
property of the owner; or
        (2) Obtains by deception control over property of the
    
owner; or
        (3) Obtains by threat control over property of the
    
owner; or
        (4) Obtains control over stolen property knowing the
    
property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
        (5) Obtains or exerts control over property in the
    
custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
            (A) Intends to deprive the owner permanently of
        
the use or benefit of the property; or
            (B) Knowingly uses, conceals or abandons the
        
property in such manner as to deprive the owner permanently of such use or benefit; or
            (C) Uses, conceals, or abandons the property
        
knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
    (b) Sentence.
        (1) Theft of property not from the person and not
    
exceeding $500 in value is a Class A misdemeanor.
        (1.1) Theft of property not from the person and not
    
exceeding $500 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (2) A person who has been convicted of theft of
    
property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 17-36 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.
        (3) (Blank).
        (4) Theft of property from the person not exceeding
    
$500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.
        (4.1) Theft of property from the person not exceeding
    
$500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (5) Theft of property exceeding $10,000 and not
    
exceeding $100,000 in value is a Class 2 felony.
        (5.1) Theft of property exceeding $10,000 and not
    
exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6) Theft of property exceeding $100,000 and not
    
exceeding $500,000 in value is a Class 1 felony.
        (6.1) Theft of property exceeding $100,000 in value
    
is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6.2) Theft of property exceeding $500,000 and not
    
exceeding $1,000,000 in value is a Class 1 non-probationable felony.
        (6.3) Theft of property exceeding $1,000,000 in value
    
is a Class X felony.
        (7) Theft by deception, as described by paragraph (2)
    
of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older is a Class 2 felony.
        (8) Theft by deception, as described by paragraph
    
(2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500.
        (9) Theft by deception, as described by paragraph
    
(2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 2 felony if the rent payment or security deposit obtained exceeds $500 and does not exceed $10,000.
        (10) Theft by deception, as described by paragraph
    
(2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.
        (11) Theft by deception, as described by paragraph
    
(2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class X felony if the rent payment or security deposit obtained exceeds $100,000.
    (c) When a charge of theft of property exceeding a specified value is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
    (d) Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
    (e) Permissive inference; evidence of intent that a person obtains by deception control over property. The trier of fact may infer that a person "knowingly obtains by deception control over property of the owner" when he or she fails to return, within 45 days after written demand from the owner, the downpayment and any additional payments accepted under a promise, oral or in writing, to perform services for the owner for consideration of $3,000 or more, and the promisor knowingly without good cause failed to substantially perform pursuant to the agreement after taking a down payment of 10% or more of the agreed upon consideration. This provision shall not apply where the owner initiated the suspension of performance under the agreement, or where the promisor responds to the notice within the 45-day notice period. A notice in writing, addressed and mailed, by registered mail, to the promisor at the last known address of the promisor, shall constitute proper demand.
    (f) Offender's interest in the property.
        (1) It is no defense to a charge of theft of property
    
that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.
        (2) Where the property involved is that of the
    
offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13.)

720 ILCS 5/16-1.1

    (720 ILCS 5/16-1.1)
    Sec. 16-1.1. (Repealed).
(Source: P.A. 95-857, eff. 1-1-09. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-1.2

    (720 ILCS 5/16-1.2)
    Sec. 16-1.2. (Repealed).
(Source: P.A. 84-992. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-1.3

    (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
    (This Section was renumbered as Section 17-56 by P.A. 96-1551.)
    Sec. 16-1.3. (Renumbered).
(Source: P.A. 95-798, eff. 1-1-09. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/16-2

    (720 ILCS 5/16-2) (from Ch. 38, par. 16-2)
    Sec. 16-2. Theft of lost or mislaid property. A person commits theft of lost or mislaid property when he or she obtains control over the property and:
    (a) Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner, and
    (b) Fails to take reasonable measures to restore the property to the owner, and
    (c) Intends to deprive the owner permanently of the use or benefit of the property.
    (d) Sentence.
    Theft of lost or mislaid property where:
        (1) the value does not exceed $500 is a Class B
    
misdemeanor;
        (2) the value exceeds $500 but does not exceed
    
$10,000 is a Class A misdemeanor; and
        (3) the value exceeds $10,000 is a Class 4 felony.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-3

    (720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
    Sec. 16-3. Theft of labor or services or use of property.
    (a) A person commits theft when he or she knowingly obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services. For the purposes of this subsection, library material is available for hire.
    (b) A person commits theft when after (1) renting or leasing a motor vehicle, (2) obtaining a motor vehicle through a "driveaway" service mode of transportation, (3) renting or leasing equipment exceeding $500 in value including tools, construction or industry equipment, and such items as linens, tableware, tents, tables, chairs and other equipment specially rented for a party or special event, or (4) renting or leasing any other type of personal property exceeding $500 in value, under an agreement in writing which provides for the return of the vehicle, equipment, or other personal property to a particular place at a particular time, he or she without good cause knowingly fails to return the vehicle, equipment, or other personal property to that place within the time specified, and is thereafter served or sent a written demand mailed to the last known address, made by certified mail return receipt requested, to return the vehicle, equipment, or other personal property within 3 days from the mailing of the written demand, and who without good cause knowingly fails to return the vehicle, equipment, or any other personal property to any place of business of the lessor within the return period. The trier of fact may infer evidence that the person is without good cause if the person signs the agreement with a name or address other than his or her own.
    (c) A person commits theft when he or she borrows from a library facility library material which has an aggregate value of $50 or more pursuant to an agreement with or procedure established by the library facility for the return of such library material, and knowingly without good cause fails to return the library material so borrowed in accordance with such agreement or procedure, and further knowingly without good cause fails to return such library material within 30 days after receiving written notice by certified mail from the library facility demanding the return of such library material.
    (d) Sentence.
    A person convicted of theft under subsection (a) is guilty of a Class A misdemeanor, except that the theft of library material where the aggregate value exceeds $300 is a Class 3 felony. A person convicted of theft under subsection (b) of this Section is guilty of a Class 4 felony. A person convicted of theft under subsection (c) is guilty of a petty offense for which the offender may be fined an amount not to exceed $500 and shall be ordered to reimburse the library for postage costs, attorney's fees, and actual replacement costs of the materials not returned, except that theft under subsection (c) where the aggregate value exceeds $300 is a Class 3 felony. In addition to any other penalty imposed, the court may order a person convicted under this Section to make restitution to the victim of the offense.
    For the purpose of sentencing on theft of library material, separate transactions totalling more than $300 within a 90-day period shall constitute a single offense.
(Source: P.A. 99-534, eff. 1-1-17.)

720 ILCS 5/16-3.1

    (720 ILCS 5/16-3.1)
    Sec. 16-3.1. (Repealed).
(Source: P.A. 83-1004. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-4

    (720 ILCS 5/16-4)
    Sec. 16-4. (Repealed).
(Source: Laws 1961, p. 1983. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-5

    (720 ILCS 5/16-5) (from Ch. 38, par. 16-5)
    Sec. 16-5. Theft from coin-operated machine.
    (a) A person commits theft from a coin-operated machine when he or she knowingly and without authority opens, breaks into, tampers with, triggers, or damages a coin-operated machine either:
        (1) to operate or use the machine; or
        (2) with the intent to commit a theft from the
    
machine.
    (b) Sentence.
        (1) A violation of subdivision (a)(1) is a Class B
    
misdemeanor.
        (2) A violation of subdivision (a)(2) is a Class A
    
misdemeanor.
        (3) A person who has been convicted of theft from a
    
coin-operated machine in violation of subdivision (a)(2) and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion is guilty of a Class 4 felony.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-6

    (720 ILCS 5/16-6) (from Ch. 38, par. 16-6)
    Sec. 16-6. Theft-related devices.
    (a)(1) A person commits unlawful possession of a key or device for a coin-operated machine when he or she possesses a key, drawing, print, mold of a key, device, or substance designed to open, break into, tamper with, or damage a coin-operated machine, with intent to commit a theft from the machine.
    (2) A person commits unlawful use of a key or device for a coin-operated machine when he or she with the intent to commit a theft from a coin-operated machine uses a key, drawing, print, mold of a key, device, or substance and causes damage or loss to the coin-operated machine of more than $300.
    (b)(1) A person commits unlawful use of a theft detection shielding device when he or she knowingly manufactures, sells, offers for sale or distributes any theft detection shielding device.
    (2) A person commits unlawful possession of a theft detection shielding device when he or she knowingly possesses a theft detection shielding device with the intent to commit theft or retail theft.
    (3) A person commits unlawful possession of a theft detection device remover when he or she knowingly possesses a theft detection device remover with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.
    (c) A person commits use of a scanning device or reencoder to defraud when the person knowingly uses:
        (1) a scanning device to access, read, obtain,
    
memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or
        (2) a reencoder to place information encoded on the
    
magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
    (d) Sentence. A violation of subdivision (a)(1), (b)(1), (b)(2), or (b)(3) is a Class A misdemeanor. A second or subsequent violation of subdivision (b)(1), (b)(2), or (b)(3) is a Class 4 felony. A violation of subdivision (a)(2), (c)(1), or (c)(2) is a Class 4 felony. A second or subsequent violation of subdivision (c)(1) or (c)(2) is a Class 3 felony.
    (e) The owner of a coin-operated machine may maintain a civil cause of action against a person engaged in the activities covered in subdivisions (a)(1) and (a)(2) and may recover treble actual damages, reasonable attorney's fees, and costs.
    (f) As used in this Section, "substance" means a corrosive or acidic liquid or solid but does not include items purchased through a coin-operated machine at the location or acquired as condiments at the location of the coin-operated machine.
    (g) For the purposes of this Section, "theft detection shielding device" means any laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-7

    (720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
    Sec. 16-7. Unlawful use of recorded sounds or images.
    (a) A person commits unlawful use of recorded sounds or images when he or she knowingly or recklessly:
        (1) transfers or causes to be transferred without the
    
consent of the owner, any sounds or images recorded on any sound or audio visual recording with the intent of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred;
        (2) sells, offers for sale, advertises for sale, uses
    
or causes to be used for profit any such article described in subdivision (a)(1) without consent of the owner;
        (3) offers or makes available for a fee, rental or
    
any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of subsection (b); or
        (4) transfers or causes to be transferred without the
    
consent of the owner, any live performance with the intent of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.
    (b) A person commits unlawful use of unidentified sound or audio visual recordings when he or she knowingly, recklessly, or negligently for profit manufacturers, sells, distributes, vends, circulates, performs, leases, possesses, or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, sale, distribution, vending, circulation, performance, lease, or other dealing in and with unidentified sound or audio visual recordings.
    (c) For the purposes of this Section, "owner" means the person who owns the master sound recording on which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance.
    For the purposes of this Section, "manufacturer" means the person who actually makes or causes to be made a sound or audio visual recording. "Manufacturer" does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
    (d) Sentence. Unlawful use of recorded sounds or images or unidentified sound or audio visual recordings is a Class 4 felony; however:
        (1) If the offense involves more than 100 but not
    
exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and
        (2) If the offense involves more than 1,000
    
unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.
    (e) Upon conviction of any violation of subsection (b), the offender shall be sentenced to make restitution to any owner or lawful producer of a master sound or audio visual recording, or to the trade association representing such owner or lawful producer, that has suffered injury resulting from the crime. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized sound or audio visual recordings corresponding to the non-conforming recorded devices involved in the offense, and shall include investigative costs relating to the offense.
    (f) Subsection (a) of this Section shall neither enlarge nor diminish the rights of parties in private litigation.
    (g) Subsection (a) of this Section does not apply to any person engaged in the business of radio or television broadcasting who transfers, or causes to be transferred, any sounds (other than from the sound track of a motion picture) solely for the purpose of broadcast transmission.
    (h) Each individual manufacture, distribution or sale or transfer for a consideration of such recorded devices in contravention of subsection (a) of this Section constitutes a separate violation of this Section. Each individual manufacture, sale, distribution, vending, circulation, performance, lease, possession, or other dealing in and with an unidentified sound or audio visual recording under subsection (b) of this Section constitutes a separate violation of this Section.
    (i) Any sound or audio visual recordings containing transferred sounds or a performance whose transfer was not authorized by the owner of the master sound recording or performance, or any unidentified sound or audio visual recording used, in violation of this Section, or in the attempt to commit such violation as defined in Section 8-4, or in a conspiracy to commit such violation as defined in Section 8-2, or in a solicitation to commit such offense as defined in Section 8-1, may be confiscated and destroyed upon conclusion of the case or cases to which they are relevant, except that the court may enter an order preserving them as evidence for use in other cases or pending the final determination of an appeal.
    (j) It is an affirmative defense to any charge of unlawful use of recorded sounds or images that the recorded sounds or images so used are public domain material. For purposes of this Section, recorded sounds are deemed to be in the public domain if the recorded sounds were copyrighted pursuant to the copyright laws of the United States, as the same may be amended from time to time, and the term of the copyright and any extensions or renewals thereof has expired.
    (k) With respect to sound recordings (other than accompanying a motion picture or other audiovisual work), this Section applies only to sound recordings that were initially recorded before February 15, 1972.
(Source: P.A. 97-538, eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/16-8

    (720 ILCS 5/16-8)
    Sec. 16-8. (Repealed).
(Source: P.A. 95-485, eff. 1-1-08. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-10

    (720 ILCS 5/16-10) (from Ch. 38, par. 16-10)
    Sec. 16-10. (Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 92-728, eff. 1-1-03.)

720 ILCS 5/16-11

    (720 ILCS 5/16-11) (from Ch. 38, par. 16-11)
    Sec. 16-11. (Repealed).
(Source: P.A. 88-466. Repealed by P.A. 92-728, eff. 1-1-03.)

720 ILCS 5/16-12

    (720 ILCS 5/16-12) (from Ch. 38, par. 16-12)
    Sec. 16-12. (Repealed).
(Source: P.A. 88-466. Repealed by P.A. 92-728, eff. 1-1-03.)

720 ILCS 5/16-13

    (720 ILCS 5/16-13) (from Ch. 38, par. 16-13)
    Sec. 16-13. (Repealed).
(Source: P.A. 83-519. Repealed by P.A. 92-728, eff. 1-1-03.)

720 ILCS 5/16-14

    (720 ILCS 5/16-14) (from Ch. 38, par. 16-14)
    Sec. 16-14. Theft of utility services.
    (a) A person commits theft of utility services when he or she knowingly, without authority, diverts or interferes with any public water, gas, power supply, or other public services or installs any device with the intent to divert or interfere with any public water, gas, power supply, or other public services without the authority of the owner or entity furnishing or transmitting such product or services.
    (b) Sentence.
        (1) Except as provided in paragraph (3), a violation
    
of this Section is a Class A misdemeanor unless the offense was committed for remuneration, in which case it is a Class 4 felony.
        (2) Except as provided in paragraph (3), a second or
    
subsequent violation of this Section is a Class 4 felony.
        (3) If the offense causes disruption of the public
    
utility services or delay in the restoration of the public utility services to 10 or more customers or affects an area of more than one square mile, a violation of this Section is a Class 2 felony.
    (c) This Section does not apply to the theft of telecommunication services.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-15

    (720 ILCS 5/16-15)
    Sec. 16-15. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-16

    (720 ILCS 5/16-16)
    Sec. 16-16. (Repealed).
(Source: P.A. 97-347, eff. 1-1-12. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-16.1

    (720 ILCS 5/16-16.1)
    Sec. 16-16.1. (Repealed).
(Source: P.A. 97-347, eff. 1-1-12. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-17

    (720 ILCS 5/16-17)
    Sec. 16-17. Theft of advertising services.
    (a) A person commits theft of advertising services when he or she knowingly attaches or inserts an unauthorized advertisement in a newspaper or periodical, and redistributes it to the public or has the intent to redistribute it to the public.
    (b) This Section applies to any newspaper or periodical that is offered for retail sale or is distributed without charge.
    (c) This Section does not apply if the publisher or authorized distributor of the newspaper or periodical consents to the attachment or insertion of the advertisement.
    (d) In this Section, "unauthorized advertisement" means any form of representation or communication, including any handbill, newsletter, pamphlet, or notice that contains any letters, words, or pictorial representation that is attached to or inserted in a newspaper or periodical without a contractual agreement between the publisher and an advertiser.
    (e) Sentence. Theft of advertising services is a Class A misdemeanor.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-18

    (720 ILCS 5/16-18)
    Sec. 16-18. Tampering with communication services; theft of communication services.
    (a) Injury to wires or obtaining service with intent to defraud. A person commits injury to wires or obtaining service with intent to defraud when he or she knowingly:
        (1) displaces, removes, injures or destroys any
    
telegraph or telephone line, wire, cable, pole or conduit, belonging to another, or the material or property appurtenant thereto; or
        (2) cuts, breaks, taps, or makes any connection with
    
any telegraph or telephone line, wire, cable or instrument belonging to another; or
        (3) reads, takes or copies any message, communication
    
or report intended for another passing over any such telegraph line, wire or cable in this State; or
        (4) prevents, obstructs or delays by any means or
    
contrivance whatsoever, the sending, transmission, conveyance or delivery in this State of any message, communication or report by or through any telegraph or telephone line, wire or cable; or
        (5) uses any apparatus to unlawfully do or cause to
    
be done any of the acts described in subdivisions (a)(1) through (a)(4) of this Section; or
        (6) obtains, or attempts to obtain, any
    
telecommunications service with the intent to deprive any person of the lawful charge, in whole or in part, for any telecommunications service:
            (A) by charging such service to an existing
        
telephone number without the authority of the subscriber thereto; or
            (B) by charging such service to a nonexistent,
        
false, fictitious, or counterfeit telephone number or to a suspended, terminated, expired, canceled, or revoked telephone number; or
            (C) by use of a code, prearranged scheme, or
        
other similar stratagem or device whereby said person, in effect, sends or receives information; or
            (D) by publishing the number or code of an
        
existing, canceled, revoked or nonexistent telephone number, credit number or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices which may be used to avoid the payment of any lawful telephone toll charge; or
            (E) by any other trick, stratagem, impersonation,
        
false pretense, false representation, false statement, contrivance, device, or means.
    (b) Theft of communication services. A person commits theft of communication services when he or she knowingly:
        (1) obtains or uses a communication service without
    
the authorization of, or compensation paid to, the communication service provider;
        (2) possesses, uses, manufactures, assembles,
    
distributes, leases, transfers, or sells, or offers, promotes or advertises for sale, lease, use, or distribution, an unlawful communication device:
            (A) for the commission of a theft of a
        
communication service or to receive, disrupt, transmit, decrypt, or acquire, or facilitate the receipt, disruption, transmission, decryption or acquisition, of any communication service without the express consent or express authorization of the communication service provider; or
            (B) to conceal or to assist another to conceal
        
from any communication service provider or from any lawful authority the existence or place of origin or destination of any communication;
        (3) modifies, alters, programs or reprograms a
    
communication device for the purposes described in subdivision (2)(A) or (2)(B);
        (4) possesses, uses, manufactures, assembles, leases,
    
distributes, sells, or transfers, or offers, promotes or advertises for sale, use or distribution, any unlawful access device; or
        (5) possesses, uses, prepares, distributes, gives or
    
otherwise transfers to another or offers, promotes, or advertises for sale, use or distribution, any:
            (A) plans or instructions for making or
        
assembling an unlawful communication or access device, with the intent to use or employ the unlawful communication or access device, or to allow the same to be used or employed, for a purpose prohibited by this subsection (b), or knowing or having reason to know that the plans or instructions are intended to be used for manufacturing or assembling the unlawful communication or access device for a purpose prohibited by this subsection (b); or
            (B) material, including hardware, cables, tools,
        
data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or assembly of an unlawful communication or access device for a purpose prohibited by this subsection (b).
    (c) Sentence.
        (1) A violation of subsection (a) is a Class A
    
misdemeanor; provided, however, that any of the following is a Class 4 felony:
            (A) a second or subsequent conviction for a
        
violation of subsection (a); or
            (B) an offense committed for remuneration; or
            (C) an offense involving damage or destruction of
        
property in an amount in excess of $300 or defrauding of services in excess of $500.
        (2) A violation of subsection (b) is a Class A
    
misdemeanor, except that:
            (A) A violation of subsection (b) is a Class 4
        
felony if:
                (i) the violation of subsection (b) involves
            
at least 10, but not more than 50, unlawful communication or access devices; or
                (ii) the defendant engages in conduct
            
identified in subdivision (b)(3) of this Section with the intention of substantially disrupting and impairing the ability of a communication service provider to deliver communication services to its lawful customers or subscribers; or
                (iii) the defendant at the time of the
            
commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution; or
                (iv) the defendant at the time of the
            
commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and uses any means of electronic communication as defined in Section 26.5-0.1 of this Code for fraud, theft, theft by deception, identity theft, or any other unlawful purpose; or
                (v) the aggregate value of the service
            
obtained is $300 or more; or
                (vi) the violation is for a wired
            
communication service or device and the defendant has been convicted previously for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
            (B) A violation of subsection (b) is a Class 3
        
felony if:
                (i) the violation of subsection (b) involves
            
more than 50 unlawful communication or access devices; or
                (ii) the defendant at the time of the
            
commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and has been convicted previously of an offense under subsection (b) committed by the defendant while serving as a pre-trial detainee in a penal institution or while serving a sentence at a penal institution; or
                (iii) the defendant at the time of the
            
commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and has been convicted previously of an offense under subsection (b) committed by the defendant while serving as a pre-trial detainee in a penal institution or while serving a sentence at a penal institution and uses any means of electronic communication as defined in Section 26.5-0.1 of this Code for fraud, theft, theft by deception, identity theft, or any other unlawful purpose; or
                (iv) the violation is for a wired
            
communication service or device and the defendant has been convicted previously on 2 or more occasions for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
            (C) A violation of subsection (b) is a Class 2
        
felony if the violation is for a wireless communication service or device and the defendant has been convicted previously for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
        (3) Restitution. The court shall, in addition to any
    
other sentence authorized by law, sentence a person convicted of violating subsection (b) to make restitution in the manner provided in Article 5 of Chapter V of the Unified Code of Corrections.
    (d) Grading of offense based on prior convictions. For purposes of grading an offense based upon a prior conviction for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction under subdivisions (c)(2)(A)(i) and (c)(2)(B)(i) of this Section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
    (e) Separate offenses. For purposes of all criminal penalties or fines established for violations of subsection (b), the prohibited activity established in subsection (b) as it applies to each unlawful communication or access device shall be deemed a separate offense.
    (f) Forfeiture of unlawful communication or access devices. Upon conviction of a defendant under subsection (b), the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful communication or access devices in the defendant's possession or control which were involved in the violation for which the defendant was convicted.
    (g) Venue. An offense under subsection (b) may be deemed to have been committed at either the place where the defendant manufactured or assembled an unlawful communication or access device, or assisted others in doing so, or the place where the unlawful communication or access device was sold or delivered to a purchaser or recipient. It is not a defense to a violation of subsection (b) that some of the acts constituting the offense occurred outside of the State of Illinois.
    (h) Civil action. For purposes of subsection (b):
        (1) Bringing a civil action. Any person aggrieved by
    
a violation may bring a civil action in any court of competent jurisdiction.
        (2) Powers of the court. The court may:
            (A) grant preliminary and final injunctions to
        
prevent or restrain violations without a showing by the plaintiff of special damages, irreparable harm or inadequacy of other legal remedies;
            (B) at any time while an action is pending, order
        
the impounding, on such terms as it deems reasonable, of any unlawful communication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation;
            (C) award damages as described in subdivision
        
(h)(3);
            (D) award punitive damages;
            (E) in its discretion, award reasonable
        
attorney's fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and
            (F) as part of a final judgment or decree finding
        
a violation, order the remedial modification or destruction of any unlawful communication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (h)(2)(B).
        (3) Types of damages recoverable. Damages awarded by
    
a court under this Section shall be computed as either of the following:
            (A) Upon his or her election of such damages at
        
any time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages; in determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his or her deductible expenses and the elements of profit attributable to factors other than the violation; or
            (B) Upon election by the complaining party at any
        
time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of not less than $250 and not more than $10,000 for each unlawful communication or access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just. In any case, if the court finds that any of the violations were committed with the intent to obtain commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful communication or access device involved in the action.
        (4) Separate violations. For purposes of all civil
    
remedies established for violations, the prohibited activity established in this Section applies to each unlawful communication or access device and shall be deemed a separate violation.
(Source: P.A. 97-597, eff. 1-1-12; 97-1108, eff. 1-1-13.)

720 ILCS 5/16-19

    (720 ILCS 5/16-19)
    Sec. 16-19. (Repealed).
(Source: P.A. 92-728, eff. 1-1-03. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-20

    (720 ILCS 5/16-20)
    Sec. 16-20. (Repealed).
(Source: P.A. 96-497, eff. 1-1-10. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-21

    (720 ILCS 5/16-21)
    Sec. 16-21. (Repealed).
(Source: P.A. 92-728, eff. 1-1-03. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-22

    (720 ILCS 5/16-22)
    (This Section was renumbered as Section 17-11.5 by P.A. 96-1551.)
    Sec. 16-22. (Renumbered).
(Source: P.A. 94-707, eff. 6-1-06. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 16, Subdiv. 10

 
    (720 ILCS 5/Art. 16, Subdiv. 10 heading)
SUBDIVISION 10. RETAIL THEFT
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-25

    (720 ILCS 5/16-25)
    Sec. 16-25. Retail theft.
    (a) A person commits retail theft when he or she knowingly:
        (1) Takes possession of, carries away, transfers or
    
causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
        (2) Alters, transfers, or removes any label, price
    
tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
        (3) Transfers any merchandise displayed, held, stored
    
or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
        (4) Under-rings with the intention of depriving the
    
merchant of the full retail value of the merchandise; or
        (5) Removes a shopping cart from the premises of a
    
retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or
        (6) Represents to a merchant that he, she, or another
    
is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
        (7) Uses or possesses any theft detection shielding
    
device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise; or
        (8) Obtains or exerts unauthorized control over
    
property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.
    (b) Theft by emergency exit. A person commits theft by emergency exit when he or she commits a retail theft as defined in subdivisions (a)(1) through (a)(8) of this Section and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.
    (c) Permissive inference. If any person:
        (1) conceals upon his or her person or among his or
    
her belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
        (2) removes that merchandise beyond the last known
    
station for receiving payments for that merchandise in that retail mercantile establishment,
then the trier of fact may infer that the person possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise.
    To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
    (d) Venue. Multiple thefts committed by the same person as part of a continuing course of conduct in different jurisdictions that have been aggregated in one jurisdiction may be prosecuted in any jurisdiction in which one or more of the thefts occurred.
    (e) For the purposes of this Section, "theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
    (f) Sentence.
        (1) A violation of any of subdivisions (a)(1) through
    
(a)(6) and (a)(8) of this Section, the full retail value of which does not exceed $300 for property other than motor fuel or $150 for motor fuel, is a Class A misdemeanor. A violation of subdivision (a)(7) of this Section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Theft by emergency exit of property, the full retail value of which does not exceed $300, is a Class 4 felony.
        (2) A person who has been convicted of retail theft
    
of property under any of subdivisions (a)(1) through (a)(6) and (a)(8) of this Section, the full retail value of which does not exceed $300 for property other than motor fuel or $150 for motor fuel, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery is guilty of a Class 4 felony. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $300, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery is guilty of a Class 3 felony.
        (3) Any retail theft of property under any of
    
subdivisions (a)(1) through (a)(6) and (a)(8) of this Section, the full retail value of which exceeds $300 for property other than motor fuel or $150 for motor fuel in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $300 in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 2 felony. When a charge of retail theft of property or theft by emergency exit of property, the full value of which exceeds $300, is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $300.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-26

    (720 ILCS 5/16-26)
    Sec. 16-26. Detention; affirmative defense.
    (a) Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain the person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
        (1) To request identification;
        (2) To verify such identification;
        (3) To make reasonable inquiry as to whether such
    
person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
        (4) To inform a peace officer of the detention of the
    
person and surrender that person to the custody of a peace officer;
        (5) In the case of a minor, to immediately make a
    
reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person.
    A merchant may make a detention as permitted in this Section off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.
    A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this Section if the merchant detains a person because such person has in his or her possession either a theft detection shielding device or a theft detection device remover.
    (b) Affirmative defense. A detention as permitted in this Section does not constitute an arrest or an unlawful restraint, as defined in Section 10-3 of this Code, nor shall it render the merchant liable to the person so detained.
    (c) For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-27

    (720 ILCS 5/16-27)
    Sec. 16-27. Civil liability.
    (a) A person who commits the offense of retail theft as defined in subdivision (a)(1), (a)(2), (a)(3), or (a)(8) of Section 16-25 shall be civilly liable to the merchant of the merchandise in an amount consisting of:
        (i) actual damages equal to the full retail value of
    
the merchandise; plus
        (ii) an amount not less than $100 nor more than
    
$1,000; plus
        (iii) attorney's fees and court costs.
    (b) If a minor commits the offense of retail theft, the parents or guardian of the minor shall be civilly liable as provided in this Section; however, a guardian appointed pursuant to the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the Parental Responsibility Law. For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
    (c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit under this Section.
    (d) Judgments arising under this Section may be assigned.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-28

    (720 ILCS 5/16-28)
    Sec. 16-28. Delivery container theft.
    (a) A person commits delivery container theft when he or she knowingly does any of the following:
        (1) Uses for any purpose, when not on the premises of
    
the owner or an adjacent parking area, a delivery container of another person which is marked by a name or mark unless the use is authorized by the owner.
        (2) Sells, or offers for sale, a delivery container
    
of another person which is marked by a name or mark unless the sale is authorized by the owner.
        (3) Defaces, obliterates, destroys, covers up or
    
otherwise removes or conceals a name or mark on a delivery container of another person without the written consent of the owner.
        (4) Removes the delivery container of another person
    
from the premises, parking area or any other area under the control of any processor, distributor or retail establishment, or from any delivery vehicle, without the consent of the owner of the delivery container. If a person possesses any marked or named delivery container without the consent of the owner and while not on the premises, parking area or other area under control of a processor, distributor or retail establishment doing business with the owner, the trier of fact may infer that the person removed the delivery container in violation of this paragraph.
    (b) Any common carrier or private carrier for hire, except those engaged in transporting bakery or dairy products to and from the places where they are produced, that receives or transports any delivery container marked with a name or mark without having in its possession a bill of lading or invoice for that delivery container commits the offense of delivery container theft.
    (c) Sentence. Delivery container theft is a Class B misdemeanor. An offender may be sentenced to pay a fine of $150 for the first offense and $500 for a second or subsequent offense.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16, Subdiv. 15

 
    (720 ILCS 5/Art. 16, Subdiv. 15 heading)
SUBDIVISION 15. IDENTITY THEFT
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-30

    (720 ILCS 5/16-30)
    Sec. 16-30. Identity theft; aggravated identity theft.
    (a) A person commits identity theft when he or she knowingly:
        (1) uses any personal identifying information or
    
personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property;
        (2) uses any personal identification information or
    
personal identification document of another with intent to commit any felony not set forth in paragraph (1) of this subsection (a);
        (3) obtains, records, possesses, sells, transfers,
    
purchases, or manufactures any personal identification information or personal identification document of another with intent to commit any felony;
        (4) uses, obtains, records, possesses, sells,
    
transfers, purchases, or manufactures any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority;
        (5) uses, transfers, or possesses document-making
    
implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony;
        (6) uses any personal identification information or
    
personal identification document of another to portray himself or herself as that person, or otherwise, for the purpose of gaining access to any personal identification information or personal identification document of that person, without the prior express permission of that person;
        (7) uses any personal identification information or
    
personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person;
        (7.5) uses, possesses, or transfers a radio
    
frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of State law or any violation of this Article; or
        (8) in the course of applying for a building permit
    
with a unit of local government, provides the license number of a roofing or fire sprinkler contractor whom he or she does not intend to have perform the work on the roofing or fire sprinkler portion of the project; it is an affirmative defense to prosecution under this paragraph (8) that the building permit applicant promptly informed the unit of local government that issued the building permit of any change in the roofing or fire sprinkler contractor.
    (b) Aggravated identity theft. A person commits aggravated identity theft when he or she commits identity theft as set forth in subsection (a) of this Section:
        (1) against a person 60 years of age or older or a
    
person with a disability; or
        (2) in furtherance of the activities of an organized
    
gang.
    A defense to aggravated identity theft does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age. For the purposes of this subsection, "organized gang" has the meaning ascribed in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    (c) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person's identifying information or document.
    (d) When a charge of identity theft or aggravated identity theft of credit, money, goods, services, or other property exceeding a specified value is brought, the value of the credit, money, goods, services, or other property is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
    (e) Sentence.
        (1) Identity theft.
            (A) A person convicted of identity theft in
        
violation of paragraph (1) of subsection (a) shall be sentenced as follows:
                (i) Identity theft of credit, money, goods,
            
services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 3 felony. Identity theft of credit, money, goods, services, or other property not exceeding $300 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 3 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony. A person who has been convicted of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 2 felony.
                (ii) Identity theft of credit, money, goods,
            
services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony. Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 2 felony.
                (iii) Identity theft of credit, money, goods,
            
services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony. Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 1 felony.
                (iv) Identity theft of credit, money, goods,
            
services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony. Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class X felony.
                (v) Identity theft of credit, money, goods,
            
services, or other property exceeding $100,000 in value is a Class X felony.
            (B) A person convicted of any offense enumerated
        
in paragraphs (2) through (7.5) of subsection (a) is guilty of a Class 3 felony. A person convicted of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.
            (C) A person convicted of any offense enumerated
        
in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
            (D) A person who, within a 12-month period, is
        
found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony. A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
            (E) A person convicted of identity theft in
        
violation of paragraph (2) of subsection (a) who uses any personal identification information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine is guilty of a Class 2 felony for a first offense and a Class 1 felony for a second or subsequent offense. A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identification information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony for a first offense and a Class X felony for a second or subsequent offense.
            (F) A person convicted of identity theft in
        
violation of paragraph (8) of subsection (a) of this Section is guilty of a Class 4 felony.
        (2) Aggravated identity theft.
            (A) Aggravated identity theft of credit, money,
        
goods, services, or other property not exceeding $300 in value is a Class 3 felony.
            (B) Aggravated identity theft of credit, money,
        
goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony.
            (C) Aggravated identity theft of credit, money,
        
goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony.
            (D) Aggravated identity theft of credit, money,
        
goods, services, or other property exceeding $100,000 in value is a Class X felony.
            (E) Aggravated identity theft for a violation of
        
any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section is a Class 2 felony.
            (F) Aggravated identity theft when a person who,
        
within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section with identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is a Class 1 felony.
            (G) A person who has been previously convicted of
        
aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/16-31

    (720 ILCS 5/16-31)
    Sec. 16-31. Transmission of personal identifying information.
    (a) A person commits transmission of personal identifying information if he or she is not a party to a transaction that involves the use of a financial transaction device and knowingly: (i) secretly or surreptitiously photographs, or otherwise captures or records, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed or otherwise captured, recorded, distributed, disseminated, or transmitted, or (ii) distributes, disseminates, or transmits, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed, or otherwise captured, recorded, distributed, disseminated, or transmitted.
    (b) This Section does not:
        (1) prohibit the capture or transmission of personal
    
identifying information in the ordinary and lawful course of business;
        (2) apply to a peace officer of this State, or of the
    
federal government, or the officer's agent, while in the lawful performance of the officer's duties;
        (3) prohibit a person from being charged with,
    
convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this Section.
    (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-32

    (720 ILCS 5/16-32)
    Sec. 16-32. Facilitating identity theft.
    (a) A person commits facilitating identity theft when he or she, in the course of his or her employment or official duties, has access to the personal information of another person in the possession of the State of Illinois, whether written, recorded, or on computer disk, and knowingly, with the intent of committing identity theft, aggravated identity theft, or any violation of the Illinois Financial Crime Law, disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to, without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed.
    (b) Sentence. Facilitating identity theft is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
    (c) For purposes of this Section, "personal information" has the meaning provided in the Personal Information Protection Act.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-33

    (720 ILCS 5/16-33)
    Sec. 16-33. Civil remedies. A person who is convicted of facilitating identity theft, identity theft, or aggravated identity theft is liable in a civil action to the person who suffered damages as a result of the violation. The person suffering damages may recover court costs, attorney's fees, lost wages, and actual damages. Where a person has been convicted of identity theft in violation of subdivision (a)(6) or subdivision (a)(7) of Section 16-30, in the absence of proof of actual damages, the person whose personal identification information or personal identification documents were used in the violation in question may recover damages of $2,000.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-34

    (720 ILCS 5/16-34)
    Sec. 16-34. Offender's interest in the property; consent.
    (a) It is no defense to a charge of aggravated identity theft or identity theft that the offender has an interest in the credit, money, goods, services, or other property.
    (b) It is no defense to a charge of aggravated identity theft or identity theft that the offender received the consent of any person to access any personal identification information or personal identification document, other than the person described by the personal identification information or personal identification document used by the offender.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-35

    (720 ILCS 5/16-35)
    Sec. 16-35. Mandating law enforcement agencies to accept and provide reports; judicial factual determination.
    (a) A person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over his or her actual residence, which shall take a police report of the matter, provide the complainant with a copy of that report, and begin an investigation of the facts, or, if the suspected crime was committed in a different jurisdiction, refer the matter to the law enforcement agency where the suspected crime was committed for an investigation of the facts.
    (b) A person who reasonably believes that he or she is the victim of financial identity theft may petition a court, or upon application of the prosecuting attorney or on its own motion, the court may move for an expedited judicial determination of his or her factual innocence, where the perpetrator of the financial identity theft was arrested for, cited for, or convicted of a crime under the victim's identity, or where a criminal complaint has been filed against the perpetrator in the victim's name, or where the victim's identity has been mistakenly associated with a criminal conviction. Any judicial determination of factual innocence made pursuant to this subsection may be heard and determined upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be part of the record by the court. If the court determines that the petition or motion is meritorious and that there is no reasonable cause to believe that the victim committed the offense for which the perpetrator of the identity theft was arrested, cited, convicted, or subject to a criminal complaint in the victim's name, or that the victim's identity has been mistakenly associated with a record of criminal conviction, the court shall find the victim factually innocent of that offense. If the victim is found factually innocent, the court shall issue an order certifying this determination.
    (c) After a court has issued a determination of factual innocence under this Section, the court may order the name and associated personal identifying information contained in the court records, files, and indexes accessible by the public sealed, deleted, or labeled to show that the data is impersonated and does not reflect the defendant's identity.
    (d) A court that has issued a determination of factual innocence under this Section may at any time vacate that determination if the petition, or any information submitted in support of the petition, is found to contain any material misrepresentation or fraud.
    (e) Except for criminal and civil actions provided for by Sections 16-30 through 16-36, or for disciplinary or licensure-related proceedings involving the violation of Sections 16-30 through 16-36, no information acquired by, or as a result of, any violation of Section 16-30 shall be discoverable or admissible in any court or other proceeding, or otherwise subject to disclosure without the express permission of any person or persons identified in that information.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-36

    (720 ILCS 5/16-36)
    Sec. 16-36. Venue. In addition to any other venues provided for by statute or otherwise, venue for any criminal prosecution or civil recovery action under Sections 16-30 through 16-36 shall be proper in any county where the person described in the personal identification information or personal identification document in question resides or has his or her principal place of business. Where a criminal prosecution or civil recovery action under Sections 16-30 through 16-36 involves the personal identification information or personal identification documents of more than one person, venue shall be proper in any county where one or more of the persons described in the personal identification information or personal identification documents in question resides or has his or her principal place of business.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-37

    (720 ILCS 5/16-37)
    Sec. 16-37. Exemptions; relation to other laws.
    (a) Sections 16-30 through 16-36 do not:
        (1) prohibit the capture or transmission of personal
    
identifying information in the ordinary and lawful course of business;
        (2) apply to a peace officer of this State, or of the
    
federal government, or the officer's agent, while in the lawful performance of the officer's duties;
        (3) prohibit a licensed private detective or licensed
    
private detective agency from representing himself, herself, or itself as another person, provided that he, she, or it may not portray himself, herself, or itself as the person whose information he, she, or it is seeking except as provided under Sections 16-30 through 16-36;
        (4) apply to activities authorized under any other
    
statute.
    (b) No criminal prosecution or civil action brought under Sections 16-30 through 16-36 shall prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate Sections 16-30 through 16-36.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16, Subdiv. 20

 
    (720 ILCS 5/Art. 16, Subdiv. 20 heading)
SUBDIVISION 20. MISCELLANEOUS THEFT-RELATED OFFENSES
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/16-40

    (720 ILCS 5/16-40)
    Sec. 16-40. Internet offenses.
    (a) Online sale of stolen property. A person commits online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means.
    (b) Online theft by deception. A person commits online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder.
    (c) Electronic fencing. A person commits electronic fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this Section.
    (d) Sentence. A violation of this Section is a Class 4 felony if the full retail value of the stolen property or property obtained by deception does not exceed $300. A violation of this Section is a Class 2 felony if the full retail value of the stolen property or property obtained by deception exceeds $300.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16A

 
    (720 ILCS 5/Art. 16A heading)
ARTICLE 16A. RETAIL THEFT
(Repealed)
(Source: Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16B

 
    (720 ILCS 5/Art. 16B heading)
ARTICLE 16B. PROTECTION OF LIBRARY MATERIALS
(Repealed)
(Source: Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16C

 
    (720 ILCS 5/Art. 16C heading)
ARTICLE 16C. UNLAWFUL SALE OF HOUSEHOLD APPLIANCES
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)

720 ILCS 5/Art. 16D

 
    (720 ILCS 5/Art. 16D heading)
ARTICLE 16D.
COMPUTER CRIME
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)

720 ILCS 5/Art. 16E

 
    (720 ILCS 5/Art. 16E heading)
ARTICLE 16E. DELIVERY CONTAINER CRIME
(Repealed)
(Source: Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16F

 
    (720 ILCS 5/Art. 16F heading)
ARTICLE 16F. WIRELESS SERVICE THEFT
(Repealed)
(Source: Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16G

 
    (720 ILCS 5/Art. 16G heading)
ARTICLE 16G. IDENTITY THEFT LAW
(Repealed)
(Source: Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16H

 
    (720 ILCS 5/Art. 16H heading)
ARTICLE 16H. ILLINOIS FINANCIAL CRIME LAW
(Repealed)
(Article repealed by P.A. 96-1551, eff. 7-1-11)

720 ILCS 5/Art. 16J

 
    (720 ILCS 5/Art. 16J heading)
ARTICLE 16J. ONLINE PROPERTY OFFENSES
(Repealed)
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 16K

 
    (720 ILCS 5/Art. 16K heading)
ARTICLE 16K. THEFT OF MOTOR FUEL
(Repealed)
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 17

 
    (720 ILCS 5/Art. 17 heading)
ARTICLE 17. DECEPTION AND FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 1

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

720 ILCS 5/17-0.5

    (720 ILCS 5/17-0.5)
    Sec. 17-0.5. Definitions. In this Article:
    "Altered credit card or debit card" means any instrument or device, whether known as a credit card or debit card, which has been changed in any respect by addition or deletion of any material, except for the signature by the person to whom the card is issued.
    "Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
    "Computer" means a device that accepts, processes, stores, retrieves, or outputs data and includes, but is not limited to, auxiliary storage and telecommunications devices connected to computers.
    "Computer network" means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data between them through the communications facilities.
    "Computer program" or "program" means a series of coded instructions or statements in a form acceptable to a computer which causes the computer to process data and supply the results of the data processing.
    "Computer services" means computer time or services, including data processing services, Internet services, electronic mail services, electronic message services, or information or data stored in connection therewith.
    "Counterfeit" means to manufacture, produce or create, by any means, a credit card or debit card without the purported issuer's consent or authorization.
    "Credit card" means any instrument or device, whether known as a credit card, credit plate, charge plate or any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit or in consideration or an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder.
    "Data" means a representation in any form of information, knowledge, facts, concepts, or instructions, including program documentation, which is prepared or has been prepared in a formalized manner and is stored or processed in or transmitted by a computer or in a system or network. Data is considered property and may be in any form, including, but not limited to, printouts, magnetic or optical storage media, punch cards, or data stored internally in the memory of the computer.
    "Debit card" means any instrument or device, known by any name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, and anything else of value, payment of which is made against funds previously deposited by the cardholder. A debit card which also can be used to obtain money, goods, services and anything else of value on credit shall not be considered a debit card when it is being used to obtain money, goods, services or anything else of value on credit.
    "Document" includes, but is not limited to, any document, representation, or image produced manually, electronically, or by computer.
    "Electronic fund transfer terminal" means any machine or device that, when properly activated, will perform any of the following services:
        (1) Dispense money as a debit to the cardholder's
    
account; or
        (2) Print the cardholder's account balances on a
    
statement; or
        (3) Transfer funds between a cardholder's accounts; or
        (4) Accept payments on a cardholder's loan; or
        (5) Dispense cash advances on an open end credit or a
    
revolving charge agreement; or
        (6) Accept deposits to a customer's account; or
        (7) Receive inquiries of verification of checks and
    
dispense information that verifies that funds are available to cover such checks; or
        (8) Cause money to be transferred electronically from
    
a cardholder's account to an account held by any business, firm, retail merchant, corporation, or any other organization.
    "Electronic funds transfer system", hereafter referred to as "EFT System", means that system whereby funds are transferred electronically from a cardholder's account to any other account.
    "Electronic mail service provider" means any person who (i) is an intermediary in sending or receiving electronic mail and (ii) provides to end-users of electronic mail services the ability to send or receive electronic mail.
    "Expired credit card or debit card" means a credit card or debit card which is no longer valid because the term on it has elapsed.
    "False academic degree" means a certificate, diploma, transcript, or other document purporting to be issued by an institution of higher learning or purporting to indicate that a person has completed an organized academic program of study at an institution of higher learning when the person has not completed the organized academic program of study indicated on the certificate, diploma, transcript, or other document.
    "False claim" means any statement made to any insurer, purported insurer, servicing corporation, insurance broker, or insurance agent, or any agent or employee of one of those entities, and made as part of, or in support of, a claim for payment or other benefit under a policy of insurance, or as part of, or in support of, an application for the issuance of, or the rating of, any insurance policy, when the statement does any of the following:
        (1) Contains any false, incomplete, or misleading
    
information concerning any fact or thing material to the claim.
        (2) Conceals (i) the occurrence of an event that is
    
material to any person's initial or continued right or entitlement to any insurance benefit or payment or (ii) the amount of any benefit or payment to which the person is entitled.
    "Financial institution" means any bank, savings and loan association, credit union, or other depository of money or medium of savings and collective investment.
    "Governmental entity" means: each officer, board, commission, and agency created by the Constitution, whether in the executive, legislative, or judicial branch of State government; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of State government that is created by or pursuant to statute, including units of local government and their officers, school districts, and boards of election commissioners; and each administrative unit or corporate outgrowth of the foregoing items and as may be created by executive order of the Governor.
    "Incomplete credit card or debit card" means a credit card or debit card which is missing part of the matter other than the signature of the cardholder which an issuer requires to appear on the credit card or debit card before it can be used by a cardholder, and this includes credit cards or debit cards which have not been stamped, embossed, imprinted or written on.
    "Institution of higher learning" means a public or private college, university, or community college located in the State of Illinois that is authorized by the Board of Higher Education or the Illinois Community College Board to issue post-secondary degrees, or a public or private college, university, or community college located anywhere in the United States that is or has been legally constituted to offer degrees and instruction in its state of origin or incorporation.
    "Insurance company" means "company" as defined under Section 2 of the Illinois Insurance Code.
    "Issuer" means the business organization or financial institution which issues a credit card or debit card, or its duly authorized agent.
    "Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code.
    "Person" means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other entity.
    "Receives" or "receiving" means acquiring possession or control.
    "Record of charge form" means any document submitted or intended to be submitted to an issuer as evidence of a credit transaction for which the issuer has agreed to reimburse persons providing money, goods, property, services or other things of value.
    "Revoked credit card or debit card" means a credit card or debit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
    "Sale" means any delivery for value.
    "Scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right to honest services.
    "Self-insured entity" means any person, business, partnership, corporation, or organization that sets aside funds to meet his, her, or its losses or to absorb fluctuations in the amount of loss, the losses being charged against the funds set aside or accumulated.
    "Social networking website" means an Internet website containing profile web pages of the members of the website that include the names or nicknames of such members, photographs placed on the profile web pages by such members, or any other personal or personally identifying information about such members and links to other profile web pages on social networking websites of friends or associates of such members that can be accessed by other members or visitors to the website. A social networking website provides members of or visitors to such website the ability to leave messages or comments on the profile web page that are visible to all or some visitors to the profile web page and may also include a form of electronic mail for members of the social networking website.
    "Statement" means any assertion, oral, written, or otherwise, and includes, but is not limited to: any notice, letter, or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account, or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical, or dental chart or other record, x-ray, photograph, videotape, or movie film; test result; other evidence of loss, injury, or expense; computer-generated document; and data in any form.
    "Universal Price Code Label" means a unique symbol that consists of a machine-readable code and human-readable numbers.
    "With intent to defraud" means to act knowingly, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another or bringing some financial gain to oneself, regardless of whether any person was actually defrauded or deceived. This includes an intent to cause another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property.
(Source: P.A. 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.)

720 ILCS 5/Art. 17, Subdiv. 5

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

720 ILCS 5/17-1

    (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
    Sec. 17-1. Deceptive practices.
 
(A) General deception.
    A person commits a deceptive practice when, with intent to defraud, the person does any of the following:
        (1) He or she knowingly causes another, by deception
    
or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred.
        (2) Being an officer, manager or other person
    
participating in the direction of a financial institution, he or she knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent.
        (3) He or she knowingly makes a false or deceptive
    
statement addressed to the public for the purpose of promoting the sale of property or services.

 
(B) Bad checks.
    A person commits a deceptive practice when:
        (1) With intent to obtain control over property or to
    
pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he or she issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. The trier of fact may infer that the defendant knows that the check or other order will not be paid by the depository and that the defendant has acted with intent to defraud when the defendant fails to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart. In this paragraph (B)(1), "property" includes rental property (real or personal).
        (2) He or she issues or delivers a check or other
    
order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order.

 
(C) Bank-related fraud.
    (1) False statement.
    A person commits false statement bank fraud if he or she, with intent to defraud, makes or causes to be made any false statement in writing in order to obtain an account with a bank or other financial institution, or to obtain credit from a bank or other financial institution, or to obtain services from a currency exchange, knowing such writing to be false, and with the intent that it be relied upon.
    For purposes of this subsection (C), a false statement means any false statement representing identity, address, or employment, or the identity, address, or employment of any person, firm, or corporation.
    (2) Possession of stolen or fraudulently obtained checks.
    A person commits possession of stolen or fraudulently obtained checks when he or she possesses, with the intent to obtain access to funds of another person held in a real or fictitious deposit account at a financial institution, makes a false statement or a misrepresentation to the financial institution, or possesses, transfers, negotiates, or presents for payment a check, draft, or other item purported to direct the financial institution to withdraw or pay funds out of the account holder's deposit account with knowledge that such possession, transfer, negotiation, or presentment is not authorized by the account holder or the issuing financial institution. A person shall be deemed to have been authorized to possess, transfer, negotiate, or present for payment such item if the person was otherwise entitled by law to withdraw or recover funds from the account in question and followed the requisite procedures under the law. If the account holder, upon discovery of the withdrawal or payment, claims that the withdrawal or payment was not authorized, the financial institution may require the account holder to submit an affidavit to that effect on a form satisfactory to the financial institution before the financial institution may be required to credit the account in an amount equal to the amount or amounts that were withdrawn or paid without authorization.
    (3) Possession of implements of check fraud.
    A person commits possession of implements of check fraud when he or she possesses, with the intent to defraud and without the authority of the account holder or financial institution, any check imprinter, signature imprinter, or "certified" stamp.
 
    (D) Sentence.
        (1) The commission of a deceptive practice in
    
violation of this Section, except as otherwise provided by this subsection (D), is a Class A misdemeanor.
        (2) For purposes of paragraphs (A)(1) and (B)(1):
            (a) The commission of a deceptive practice in
        
violation of paragraph (A)(1) or (B)(1), when the value of the property so obtained, in a single transaction or in separate transactions within a 90-day period, exceeds $150, is a Class 4 felony. In the case of a prosecution for separate transactions totaling more than $150 within a 90-day period, those separate transactions shall be alleged in a single charge and prosecuted in a single prosecution.
            (b) The commission of a deceptive practice in
        
violation of paragraph (B)(1) a second or subsequent time is a Class 4 felony.
        (3) For purposes of paragraph (C)(2), a person who,
    
within any 12-month period, violates paragraph (C)(2) with respect to 3 or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a Class 4 felony.
        (4) For purposes of paragraph (C)(3), a person who
    
within any 12-month period violates paragraph (C)(3) as to possession of 3 or more such devices at the same time or consecutively is guilty of a Class 4 felony.

 
    (E) Civil liability. A person who issues a check or order to a payee in violation of paragraph (B)(1) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand both by certified mail and by first class mail to the person's last known address or attempted delivery of a written demand sent both by certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney's fees and court costs. An action under this subsection (E) may be brought in small claims court or in any other appropriate court. As part of the written demand required by this subsection (E), the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this subsection (E), the defendant may tender to the plaintiff and the plaintiff shall accept, as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, including the cost of service of process, and attorney's fees.
(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)

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)
    (Text of Section from P.A. 99-143)
    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.
        (2.5) 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 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. 98-1125, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
    (Text of Section from P.A. 99-561)
    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 disabled person 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. 98-1125, eff. 1-1-15; 99-561, eff. 7-15-16.)

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.)

720 ILCS 5/17-11.2

    (720 ILCS 5/17-11.2)
    Sec. 17-11.2. Installation of object in lieu of air bag. A person commits installation of object in lieu of airbag when he or she, for consideration, knowingly installs or reinstalls in a vehicle any object in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-11.5

    (720 ILCS 5/17-11.5) (was 720 ILCS 5/16-22)
    Sec. 17-11.5. Tampering with a security, fire, or life safety system.
    (a) A person commits tampering with a security, fire, or life safety system when he or she knowingly damages, sabotages, destroys, or causes a permanent or temporary malfunction in any physical or electronic security, fire, or life safety system or any component part of any of those systems including, but not limited to, card readers, magnetic stripe readers, Wiegand card readers, smart card readers, proximity card readers, digital keypads, keypad access controls, digital locks, electromagnetic locks, electric strikes, electronic exit hardware, exit alarm systems, delayed egress systems, biometric access control equipment, intrusion detection systems and sensors, burglar alarm systems, wireless burglar alarms, silent alarms, duress alarms, hold-up alarms, glass break detectors, motion detectors, seismic detectors, glass shock sensors, magnetic contacts, closed circuit television (CCTV), security cameras, digital cameras, dome cameras, covert cameras, spy cameras, hidden cameras, wireless cameras, network cameras, IP addressable cameras, CCTV camera lenses, video cassette recorders, CCTV monitors, CCTV consoles, CCTV housings and enclosures, CCTV pan-and-tilt devices, CCTV transmission and signal equipment, wireless video transmitters, wireless video receivers, radio frequency (RF) or microwave components, or both, infrared illuminators, video motion detectors, video recorders, time lapse CCTV recorders, digital video recorders (DVRs), digital image storage systems, video converters, video distribution amplifiers, video time-date generators, multiplexers, switchers, splitters, fire alarms, smoke alarm systems, smoke detectors, flame detectors, fire detection systems and sensors, fire sprinklers, fire suppression systems, fire extinguishing systems, public address systems, intercoms, emergency telephones, emergency call boxes, emergency pull stations, telephone entry systems, video entry equipment, annunciators, sirens, lights, sounders, control panels and components, and all associated computer hardware, computer software, control panels, wires, cables, connectors, electromechanical components, electronic modules, fiber optics, filters, passive components, and power sources including batteries and back-up power supplies.
    (b) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-12

    (720 ILCS 5/17-12)
    Sec. 17-12. (Repealed).
(Source: P.A. 93-967, eff. 1-1-05. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-13

    (720 ILCS 5/17-13)
    Sec. 17-13. Fraud in transfers of real and personal property.
    (a) Conditional sale; sale without consent of title holder. No person purchasing personal property under a conditional sales contract shall, during the existence of such conditional sales contract and before the conditions thereof have been fulfilled, knowingly sell, transfer, conceal, or in any manner dispose of such property, or cause or allow the same to be done, without the written consent of the holder of title.
    (b) Acknowledgment of fraudulent conveyance. No officer authorized to take the proof and acknowledgment of a conveyance of real or personal property or other instrument shall knowingly certify that the conveyance or other instrument was duly proven or acknowledged by a party to the conveyance or other instrument when no such acknowledgment or proof was made, or was not made at the time it was certified to have been made, with intent to injure or defraud or to enable any other person to injure or defraud.
    (c) Fraudulent land sales. No person, after once selling, bartering, or disposing of a tract or tracts of land or a town lot or lots, or executing a bond or agreement for the sale of lands or a town lot or lots, shall again knowingly and with intent to defraud sell, barter, or dispose of the same tract or tracts of land or town lot or lots, or any part of those tracts of land or town lot or lots, or knowingly and with intent to defraud execute a bond or agreement to sell, barter, or dispose of the same land or lot or lots, or any part of that land or lot or lots, to any other person for a valuable consideration.
    (d) Sentence. A violation of subsection (a) of this Section is a Class A misdemeanor. A violation of subsection (b) of this Section is a Class 4 felony. A violation of subsection (c) of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-14

    (720 ILCS 5/17-14)
    Sec. 17-14. (Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-15

    (720 ILCS 5/17-15)
    Sec. 17-15. (Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-16

    (720 ILCS 5/17-16)
    (This Section was renumbered as Section 17-58 by P.A. 96-1551.)
    Sec. 17-16. (Renumbered).
(Source: P.A. 89-234, eff. 1-1-96. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-17

    (720 ILCS 5/17-17)
    Sec. 17-17. Fraud in stock transactions.
    (a) No officer, director, or agent of a bank, railroad, or other corporation, nor any other person, shall knowingly, and with intent to defraud, issue, sell, transfer, assign, or pledge, or cause or procure to be issued, sold, transferred, assigned, or pledged, any false, fraudulent, or simulated certificate or other evidence of ownership of a share or shares of the capital stock of a bank, railroad, or other corporation.
    (b) No officer, director, or agent of a bank, railroad, or other corporation shall knowingly sign, with intent to issue, sell, pledge, or cause to be issued, sold, or pledged, any false, fraudulent, or simulated certificate or other evidence of the ownership or transfer of a share or shares of the capital stock of that corporation, or an instrument purporting to be a certificate or other evidence of the ownership or transfer, the signing, issuing, selling, or pledging of which by the officer, director, or agent is not authorized by law.
    (c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-18

    (720 ILCS 5/17-18)
    Sec. 17-18. (Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-19

    (720 ILCS 5/17-19)
    Sec. 17-19. (Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-20

    (720 ILCS 5/17-20)
    Sec. 17-20. Obstructing gas, water, or electric current meters. A person commits obstructing gas, water, or electric current meters when he or she knowingly, and with intent to injure or defraud a company, body corporate, copartnership, or individual, injures, alters, obstructs, or prevents the action of a meter provided for the purpose of measuring and registering the quantity of gas, water, or electric current consumed by or at a burner, orifice, or place, or supplied to a lamp, motor, machine, or appliance, or causes, procures, or aids the injuring or altering of any such meter or the obstruction or prevention of its action, or makes or causes to be made with a gas pipe, water pipe, or electrical conductor any connection so as to conduct or supply illumination or inflammable gas, water, or electric current to any burner, orifice, lamp, motor, or other machine or appliance from which the gas, water, or electricity may be consumed or utilized without passing through or being registered by a meter or without the consent or acquiescence of the company, municipal corporation, body corporate, copartnership, or individual furnishing or transmitting the gas, water, or electric current through the gas pipe, water pipe, or electrical conductor. A violation of this Section is a Class B misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-21

    (720 ILCS 5/17-21)
    Sec. 17-21. Obstructing service meters. A person commits obstructing service meters when he or she knowingly, and, with the intent to defraud, tampers with, alters, obstructs or prevents the action of a meter, register, or other counting device that is a part of a mechanical or electrical machine, equipment, or device that measures service, without the consent of the owner of the machine, equipment, or device. A violation of this Section is a Class B misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-22

    (720 ILCS 5/17-22)
    (This Section renumbered as Section 17-8.3 by P.A. 96-1551.)
    Sec. 17-22. (Renumbered).
(Source: P.A. 90-390, eff. 1-1-98. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-23

    (720 ILCS 5/17-23)
    Sec. 17-23. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-24

    (720 ILCS 5/17-24)
    Sec. 17-24. Mail fraud and wire fraud.
    (a) Mail fraud. A person commits mail fraud when he or she:
        (1) devises or intends to devise any scheme or
    
artifice to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimated or held out to be such a counterfeit or spurious article; and
        (2) with the intent to execute such scheme or
    
artifice or to attempt to do so, does any of the following:
            (A) Places in any post office or authorized
        
depository for mail matter within this State any matter or thing to be delivered by the United States Postal Service, according to the direction on the matter or thing.
            (B) Deposits or causes to be deposited in this
        
State any matter or thing to be sent or delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
            (C) Takes or receives from mail or from a private
        
or commercial carrier any such matter or thing at the place at which it is directed to be delivered by the person to whom it is addressed.
            (D) Knowingly causes any such matter or thing to
        
be delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
    (b) Wire fraud. A person commits wire fraud when he or she:
        (1) devises or intends to devise a scheme or artifice
    
to defraud or to obtain money or property by means of false pretenses, representations, or promises; and
        (2) for the purpose of executing the scheme or
    
artifice, transmits or causes to be transmitted any writings, signals, pictures, sounds, or electronic or electric impulses by means of wire, radio, or television communications:
            (A) from within this State; or
            (B) so that the transmission is received by a
        
person within this State; or
            (C) so that the transmission may be accessed by a
        
person within this State.
    (c) Jurisdiction.
        (1) Mail fraud using a government or private carrier
    
occurs in the county in which mail or other matter is deposited with the United States Postal Service or a private commercial carrier for delivery, if deposited with the United States Postal Service or a private or commercial carrier within this State, and the county in which a person within this State receives the mail or other matter from the United States Postal Service or a private or commercial carrier.
        (2) Wire fraud occurs in the county from which a
    
transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission.
    (d) Sentence. A violation of this Section is a Class 3 felony.
    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 scheme or artifice is committed.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-25

    (720 ILCS 5/17-25)
    Sec. 17-25. (Repealed).
(Source: P.A. 92-818, eff. 8-21-02. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/17-26

    (720 ILCS 5/17-26)
    Sec. 17-26. Misconduct by a corporate official.
    (a) A person commits misconduct by a corporate official when:
        (1) being a director of a corporation, he or she
    
knowingly, with the intent to defraud, concurs in any vote or act of the directors of the corporation, or any of them, which has the purpose of:
            (A) making a dividend except in the manner
        
provided by law;
            (B) dividing, withdrawing or in any manner paying
        
any stockholder any part of the capital stock of the corporation except in the manner provided by law;
            (C) discounting or receiving any note or other
        
evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with purpose of providing the means of making such payment;
            (D) receiving or discounting any note or other
        
evidence of debt with the purpose of enabling any stockholder to withdraw any part of the money paid in by him or her on his or her stock; or
            (E) applying any portion of the funds of such
        
corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law; or
        (2) being a director or officer of a corporation, he
    
or she, with the intent to defraud:
            (A) issues, participates in issuing, or concurs
        
in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;
            (B) sells, or agrees to sell, or is directly
        
interested in the sale of any share of stock of such corporation, or in any agreement to sell such stock, unless at the time of the sale or agreement he or she is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation;
            (C) executes a scheme or attempts to execute a
        
scheme to obtain any share of stock of such corporation by means of false representation; or
        (3) being a director or officer of a corporation, he
    
or she with the intent to defraud or evade a financial disclosure reporting requirement of this State or of Section 13(A) or 15(D) of the Securities Exchange Act of 1934, as amended, 15 U. S. C. 78M(A) or 78O(D):
            (A) causes or attempts to cause a corporation or
        
accounting firm representing the corporation or any other individual or entity to fail to file a financial disclosure report as required by State or federal law; or
            (B) causes or attempts to cause a corporation or
        
accounting firm representing the corporation or any other individual or entity to file a financial disclosure report, as required by State or federal law, that contains a material omission or misstatement of fact.
    (b) Sentence. If the benefit derived from a violation of this Section is $500,000 or more, the violation is a Class 2 felony. If the benefit derived from a violation of this Section is less than $500,000, the violation is a Class 3 felony.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-27

    (720 ILCS 5/17-27)
    Sec. 17-27. Fraud on creditors.
    (a) Fraud in insolvency. A person commits fraud in insolvency when, knowing that proceedings have or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he or she:
        (1) destroys, removes, conceals, encumbers,
    
transfers, or otherwise deals with any property or obtains any substantial part of or interest in the debtor's estate with the intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors;
        (2) knowingly falsifies any writing or record
    
relating to the property; or
        (3) knowingly misrepresents or refuses to disclose to
    
a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.
    Sentence. If the benefit derived from a violation of this subsection (a) is $500,000 or more, the violation is a Class 2 felony. If the benefit derived from a violation of this subsection (a) is less than $500,000, the violation is a Class 3 felony.
    (b) Fraud in property transfer. A person commits fraud in property transfer when he or she transfers or conveys any interest in property with the intent to defraud, defeat, hinder, or delay his or her creditors. A violation of this subsection (b) is a business offense subject to a fine not to exceed $1,000.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-28

    (720 ILCS 5/17-28)
    (This Section was renumbered as Section 17-57 by P.A. 96-1551.)
    Sec. 17-28. (Renumbered).
(Source: P.A. 93-691, eff. 7-9-04. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-29

    (720 ILCS 5/17-29)
    (This Section was renumbered as Section 17-10.2 by P.A. 96-1551.)
    Sec. 17-29. (Renumbered).
(Source: P.A. 97-396, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-30

    (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
    Sec. 17-30. Defaced, altered, or removed manufacturer or owner identification number.
    (a) Unlawful sale of household appliances. A person commits unlawful sale of household appliances when he or she knowingly, with the intent to defraud or deceive another, keeps for sale, within any commercial context, any household appliance with a missing, defaced, obliterated, or otherwise altered manufacturer's identification number.
    (b) Construction equipment identification defacement. A person commits construction equipment identification defacement when he or she knowingly changes, alters, removes, mutilates, or obliterates a permanently affixed serial number, product identification number, part number, component identification number, owner-applied identification, or other mark of identification attached to or stamped, inscribed, molded, or etched into a machine or other equipment, whether stationary or mobile or self-propelled, or a part of such machine or equipment, used in the construction, maintenance, or demolition of buildings, structures, bridges, tunnels, sewers, utility pipes or lines, ditches or open cuts, roads, highways, dams, airports, or waterways or in material handling for such projects.
    The trier of fact may infer that the defendant has knowingly changed, altered, removed, or obliterated the serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification, if the defendant was in possession of any machine or other equipment or a part of such machine or equipment used in the construction, maintenance, or demolition of buildings, structures, bridges, tunnels, sewers, utility pipes or lines, ditches or open cuts, roads, highways, dams, airports, or waterways or in material handling for such projects upon which any such serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification has been changed, altered, removed, or obliterated.
    (c) Defacement of manufacturer's serial number or identification mark. A person commits defacement of a manufacturer's serial number or identification mark when he or she knowingly removes, alters, defaces, covers, or destroys the manufacturer's serial number or any other manufacturer's number or distinguishing identification mark upon any machine or other article of merchandise, other than a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code or a firearm as defined in the Firearm Owners Identification Card Act, with the intent of concealing or destroying the identity of such machine or other article of merchandise.
    (d) Sentence.
        (1) A violation of subsection (a) of this Section is
    
a Class 4 felony if the value of the appliance or appliances exceeds $1,000 and a Class B misdemeanor if the value of the appliance or appliances is $1,000 or less.
        (2) A violation of subsection (b) of this Section is
    
a Class A misdemeanor.
        (3) A violation of subsection (c) of this Section is
    
a Class B misdemeanor.
    (e) No liability shall be imposed upon any person for the unintentional failure to comply with subsection (a).
    (f) Definitions. In this Section:
    "Commercial context" means a continuing business enterprise conducted for profit by any person whose primary business is the wholesale or retail marketing of household appliances, or a significant portion of whose business or inventory consists of household appliances kept or sold on a wholesale or retail basis.
    "Household appliance" means any gas or electric device or machine marketed for use as home entertainment or for facilitating or expediting household tasks or chores. The term shall include but not necessarily be limited to refrigerators, freezers, ranges, radios, television sets, vacuum cleaners, toasters, dishwashers, and other similar household items.
    "Manufacturer's identification number" means any serial number or other similar numerical or alphabetical designation imprinted upon or attached to or placed, stamped, or otherwise imprinted upon or attached to a household appliance or item by the manufacturer for purposes of identifying a particular appliance or item individually or by lot number.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 25

 
    (720 ILCS 5/Art. 17, Subdiv. 25 heading)
SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-31

    (720 ILCS 5/17-31)
    Sec. 17-31. False statement to procure credit or debit card. A person commits false statement to procure credit or debit card when he or she makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with the intent that it be relied on, respecting his or her identity, his or her address, or his or her employment, or that of any other person, firm, or corporation, with the intent to procure the issuance of a credit card or debit card. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-32

    (720 ILCS 5/17-32)
    Sec. 17-32. Possession of another's credit, debit, or identification card.
    (a) Possession of another's identification card. A person commits possession of another's identification card when he or she, with the intent to defraud, possesses any check guarantee card or key card or identification card for cash dispensing machines without the authority of the account holder or financial institution.
    (b) Possession of another's credit or debit card. A person commits possession of another's credit or debit card when he or she receives a credit card or debit card from the person, possession, custody, or control of another without the cardholder's consent or if he or she, with knowledge that it has been so acquired, receives the credit card or debit card with the intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder. The trier of fact may infer that a person who has in his or her possession or under his or her control 2 or more such credit cards or debit cards each issued to a cardholder other than himself or herself has violated this Section.
    (c) Sentence.
        (1) A violation of subsection (a) of this Section is
    
a Class A misdemeanor. A person who, within any 12-month period, violates subsection (a) of this Section at the same time or consecutively with respect to 3 or more cards, each the property of different account holders, is guilty of a Class 4 felony. A person convicted under subsection (a) of this Section, when the value of property so obtained, in a single transaction or in separate transactions within any 90-day period, exceeds $150 is guilty of a Class 4 felony.
        (2) A violation of subsection (b) of this Section is
    
a Class 4 felony. A person who, in any 12-month period, violates subsection (b) of this Section with respect to 3 or more credit cards or debit cards each issued to a cardholder other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-33

    (720 ILCS 5/17-33)
    Sec. 17-33. Possession of lost or mislaid credit or debit card. A person who receives a credit card or debit card that he or she knows to have been lost or mislaid and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a Class 4 felony.
    A person who, in a single transaction, violates this Section with respect to 3 or more credit cards or debit cards each issued to different cardholders other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-34

    (720 ILCS 5/17-34)
    Sec. 17-34. Sale of credit or debit card. A person other than the issuer who sells a credit card or debit card, without the consent of the issuer, is guilty of a Class 4 felony.
    A person who knowingly purchases a credit card or debit card from a person other than the issuer, without the consent of the issuer, is guilty of a Class 4 felony.
    A person who, in a single transaction, makes a sale or purchase prohibited by this Section with respect to 3 or more credit cards or debit cards each issued to a cardholder other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-35

    (720 ILCS 5/17-35)
    Sec. 17-35. Use of credit or debit card as security for debt. A person who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person, obtains control over a credit card or debit card as security for debt or transfers, conveys, or gives control over a credit card or debit card as security for debt is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-36

    (720 ILCS 5/17-36)
    Sec. 17-36. Use of counterfeited, forged, expired, revoked, or unissued credit or debit card. A person who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person, (i) uses, with the intent to obtain an item or items of value, a credit card or debit card obtained or retained in violation of this Subdivision 25 or without the cardholder's consent, or a credit card or debit card which he or she knows is counterfeited, or forged, or expired, or revoked or (ii) obtains or attempts to obtain an item or items of value by representing without the consent of the cardholder that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued is guilty of a Class 4 felony if the value of all items of value obtained or sought in violation of this Section does not exceed $300 in any 6-month period; and is guilty of a Class 3 felony if the value exceeds $300 in any 6-month period. The trier of fact may infer that knowledge of revocation has been received by a cardholder 4 days after it has been mailed to him or her at the address set forth on the credit card or debit card or at his or her last known address by registered or certified mail, return receipt requested, and, if the address is more than 500 miles from the place of mailing, by air mail. The trier of fact may infer that notice was received 10 days after mailing by registered or certified mail if the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-37

    (720 ILCS 5/17-37)
    Sec. 17-37. Use of credit or debit card with intent to defraud. A cardholder who uses a credit card or debit card issued to him or her, or allows another person to use a credit card or debit card issued to him or her, with intent to defraud the issuer, or a person providing an item or items of value, or any other person is guilty of a Class A misdemeanor if the value of all items of value does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if the value exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-38

    (720 ILCS 5/17-38)
    Sec. 17-38. Use of account number or code with intent to defraud; possession of record of charge forms.
    (a) A person who, with intent to defraud either an issuer, or a person providing an item or items of value, or any other person, utilizes an account number or code or enters information on a record of charge form with the intent to obtain an item or items of value is guilty of a Class 4 felony if the value of the item or items of value obtained does not exceed $150 in any 6-month period; and is guilty of a Class 3 felony if the value exceeds $150 in any 6-month period.
    (b) A person who, with intent to defraud either an issuer or a person providing an item or items of value, or any other person, possesses, without the consent of the issuer or purported issuer, record of charge forms bearing the printed impression of a credit card or debit card is guilty of a Class 4 felony. The trier of fact may infer intent to defraud from the possession of such record of charge forms by a person other than the issuer or a person authorized by the issuer to possess record of charge forms.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-39

    (720 ILCS 5/17-39)
    Sec. 17-39. Receipt of goods or services. A person who receives an item or items of value obtained in violation of this Subdivision 25, knowing that it was so obtained or under such circumstances as would reasonably induce him or her to believe that it was so obtained, is guilty of a Class A misdemeanor if the value of all items of value obtained does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if the value exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-40

    (720 ILCS 5/17-40)
    Sec. 17-40. Signing another's card with intent to defraud. A person other than the cardholder or a person authorized by him or her who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person, signs a credit card or debit card is guilty of a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-41

    (720 ILCS 5/17-41)
    Sec. 17-41. Altered or counterfeited card.
    (a) A person commits an offense under this Section when he or she, with intent to defraud either a purported issuer, or a person providing an item or items of value, or any other person, commits an offense under this Section if he or she: (i) alters a credit card or debit card or a purported credit card or debit card, or possesses a credit card or debit card or a purported credit card or debit card with knowledge that the same has been altered; or (ii) counterfeits a purported credit card or debit card, or possesses a purported credit card or debit card with knowledge that the card has been counterfeited.
    (b) Sentence. A violation of item (i) of subsection (a) is a Class 4 felony. A violation of item (ii) of subsection (a) is a Class 3 felony. The trier of fact may infer that possession of 2 or more credit cards or debit cards by a person other than the issuer in violation of subsection (a) is evidence that the person intended to defraud or that he or she knew the credit cards or debit cards to have been so altered or counterfeited.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-42

    (720 ILCS 5/17-42)
    Sec. 17-42. Possession of incomplete card. A person other than the cardholder possessing an incomplete credit card or debit card, with intent to complete it without the consent of the issuer or a person possessing, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be credit cards or debit cards of an issuer who has not consented to the preparation of such credit cards or debit cards is guilty of a Class 3 felony. The trier of fact may infer that a person other than the cardholder or issuer who possesses 2 or more incomplete credit cards or debit cards possesses those cards without the consent of the issuer.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-43

    (720 ILCS 5/17-43)
    Sec. 17-43. Prohibited deposits.
    (a) A person who, with intent to defraud the issuer of a credit card or debit card or any person providing an item or items of value, or any other person, deposits into his or her account or any account, via an electronic fund transfer terminal, a check, draft, money order, or other such document, knowing such document to be false, fictitious, forged, altered, counterfeit, or not his or her lawful or legal property, is guilty of a Class 4 felony.
    (b) A person who receives value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or other such document having been deposited into an account via an electronic fund transfer terminal, knowing at the time of receipt of the value that the document so deposited was false, fictitious, forged, altered, counterfeit, or not his or her lawful or legal property, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-44

    (720 ILCS 5/17-44)
    Sec. 17-44. Fraudulent use of electronic transmission.
    (a) A person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other person, intercepts, taps, or alters electronic information between an electronic fund transfer terminal and the issuer, or originates electronic information to an electronic fund transfer terminal or to the issuer, via any line, wire, or other means of electronic transmission, at any junction, terminal, or device, or at any location within the EFT System, with the intent to obtain value, is guilty of a Class 4 felony.
    (b) Any person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other person, intercepts, taps, or alters electronic information between an electronic fund transfer terminal and the issuer, or originates electronic information to an electronic fund transfer terminal or to the issuer, via any line, wire, or other means of electronic transmission, at any junction, terminal, or device, or at any location within the EFT System, and thereby causes funds to be transferred from one account to any other account, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-45

    (720 ILCS 5/17-45)
    Sec. 17-45. Payment of charges without furnishing item of value.
    (a) No person shall process, deposit, negotiate, or obtain payment of a credit card charge through a retail seller's account with a financial institution or through a retail seller's agreement with a financial institution, card issuer, or organization of financial institutions or card issuers if that retail seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge.
    (b) No retail seller shall permit any person to process, deposit, negotiate, or obtain payment of a credit card charge through the retail seller's account with a financial institution or the retail seller's agreement with a financial institution, card issuer, or organization of financial institutions or card issuers if that retail seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge.
    (c) Subsections (a) and (b) do not apply to any of the following:
        (1) A person who furnishes goods or services on the
    
business premises of a general merchandise retail seller and who processes, deposits, negotiates, or obtains payment of a credit card charge through that general merchandise retail seller's account or agreement.
        (2) A general merchandise retail seller who permits a
    
person described in paragraph (1) to process, deposit, negotiate, or obtain payment of a credit card charge through that general merchandise retail seller's account or agreement.
        (3) A franchisee who furnishes the cardholder with an
    
item or items of value that are provided in whole or in part by the franchisor and who processes, deposits, negotiates, or obtains payment of a credit card charge through that franchisor's account or agreement.
        (4) A franchisor who permits a franchisee described
    
in paragraph (3) to process, deposit, negotiate, or obtain payment of a credit card charge through that franchisor's account or agreement.
        (5) The credit card issuer or a financial institution
    
or a parent, subsidiary, or affiliate of the card issuer or a financial institution.
        (6) A person who processes, deposits, negotiates, or
    
obtains payment of less than $500 of credit card charges in any one-year period through a retail seller's account or agreement. The person has the burden of producing evidence that the person transacted less than $500 in credit card charges during any one-year period.
        (7) A telecommunications carrier that includes
    
charges of other parties in its billings to its subscribers and those other parties whose charges are included in the billings of the telecommunications carrier to its subscribers.
    (d) A person injured by a violation of this Section may bring an action for the recovery of damages, equitable relief, and reasonable attorney's fees and costs.
    (e) A person who violates this Section is guilty of a business offense and shall be fined $10,000 for each offense. Each occurrence in which a person processes, deposits, negotiates, or otherwise seeks to obtain payment of a credit card charge in violation of subsection (a) constitutes a separate offense.
    (f) The penalties and remedies provided in this Section are in addition to any other remedies or penalties provided by law.
    (g) As used in this Section:
    "Franchisor" and "franchisee" have the same meanings as in Section 3 of the Franchise Disclosure Act of 1987.
    "Retail seller" has the same meaning as in Section 2.4 of the Retail Installment Sales Act.
    "Telecommunications carrier" has the same meaning as in Section 13-202 of the Public Utilities Act.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-46

    (720 ILCS 5/17-46)
    Sec. 17-46. Furnishing items of value with intent to defraud. A person who is authorized by an issuer to furnish money, goods, property, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, furnishes money, goods, property, services or anything else of value upon presentation of a credit card or debit card obtained or retained in violation of this Code or a credit card or debit card which he knows is counterfeited, or forged, or expired, or revoked is guilty of a Class A misdemeanor, if the value furnished in violation of this Section does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if such value exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-47

    (720 ILCS 5/17-47)
    Sec. 17-47. Failure to furnish items of value. A person who is authorized by an issuer to furnish money, goods, property, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty of a Class A misdemeanor if the difference between the value of all money, goods, property, services and anything else of value actually furnished and the value represented to the issuer to have been furnished does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if such difference exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-48

    (720 ILCS 5/17-48)
    Sec. 17-48. Repeat offenses. Any person convicted of a second or subsequent offense under this Subdivision 25 is guilty of a Class 3 felony.
    For purposes of this Section, an offense is considered a second or subsequent offense if, prior to his or her conviction of the offense, the offender has at any time been convicted under this Subdivision 25, or under any prior Act, or under any law of the United States or of any state relating to credit card or debit card offenses.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-49

    (720 ILCS 5/17-49)
    Sec. 17-49. Severability. If any provision of this Subdivision 25 or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Subdivision 25 which can be given effect without the invalid provision or application, and to this end the provisions of this Subdivision 25 are declared to be severable.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-49.5

    (720 ILCS 5/17-49.5)
    Sec. 17-49.5. Telephone Charge Fraud Act unaffected. Nothing contained in this Subdivision 25 shall be construed to repeal, amend, or otherwise affect the Telephone Charge Fraud Act.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 30

 
    (720 ILCS 5/Art. 17, Subdiv. 30 heading)
SUBDIVISION 30. COMPUTER FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-50

    (720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
    Sec. 17-50. Computer fraud.
    (a) A person commits computer fraud when he or she knowingly:
        (1) Accesses or causes to be accessed a computer or
    
any part thereof, or a program or data, with the intent of devising or executing any scheme or artifice to defraud, or as part of a deception;
        (2) Obtains use of, damages, or destroys a computer
    
or any part thereof, or alters, deletes, or removes any program or data contained therein, in connection with any scheme or artifice to defraud, or as part of a deception; or
        (3) Accesses or causes to be accessed a computer or
    
any part thereof, or a program or data, and obtains money or control over any such money, property, or services of another in connection with any scheme or artifice to defraud, or as part of a deception.
    (b) Sentence.
        (1) A violation of subdivision (a)(1) of this Section
    
is a Class 4 felony.
        (2) A violation of subdivision (a)(2) of this Section
    
is a Class 3 felony.
        (3) A violation of subdivision (a)(3) of this Section:
            (i) is a Class 4 felony if the value of the
        
money, property, or services is $1,000 or less; or
            (ii) is a Class 3 felony if the value of the
        
money, property, or services is more than $1,000 but less than $50,000; or
            (iii) is a Class 2 felony if the value of the
        
money, property, or services is $50,000 or more.
    (c) Forfeiture of property. Any person who commits computer fraud as set forth in subsection (a) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-51

    (720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
    Sec. 17-51. Computer tampering.
    (a) A person commits computer tampering when he or she knowingly and without the authorization of a computer's owner or in excess of the authority granted to him or her:
        (1) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data;
        (2) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data, and obtains data or services;
        (3) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data, and damages or destroys the computer or alters, deletes, or removes a computer program or data;
        (4) Inserts or attempts to insert a program into a
    
computer or computer program knowing or having reason to know that such program contains information or commands that will or may:
            (A) damage or destroy that computer, or any other
        
computer subsequently accessing or being accessed by that computer;
            (B) alter, delete, or remove a computer program
        
or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer; or
            (C) cause loss to the users of that computer or
        
the users of a computer which accesses or which is accessed by such program; or
        (5) Falsifies or forges electronic mail transmission
    
information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
    (a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software which:
        (1) is primarily designed or produced for the purpose
    
of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
        (2) has only a limited commercially significant
    
purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
        (3) is marketed by that person or another acting in
    
concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
    (a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a computer's owner if:
        (1) the owner authorizes patrons, customers, or
    
guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner;
        (2) the owner authorizes the public to access the
    
computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner; or
        (3) the person accesses the computer network in
    
compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
    (b) Sentence.
        (1) A person who commits computer tampering as set
    
forth in subdivision (a)(1) or (a)(5) or subsection (a-5) of this Section is guilty of a Class B misdemeanor.
        (2) A person who commits computer tampering as set
    
forth in subdivision (a)(2) of this Section is guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.
        (3) A person who commits computer tampering as set
    
forth in subdivision (a)(3) or (a)(4) of this Section is guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.
        (4) If an injury arises from the transmission of
    
unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
        (5) If an injury arises from the transmission of
    
unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.
        (6) The provisions of this Section shall not be
    
construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
    (c) Whoever suffers loss by reason of a violation of subdivision (a)(4) of this Section may, in a civil action against the violator, obtain appropriate relief. In a civil action under this Section, the court may award to the prevailing party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)

720 ILCS 5/17-52

    (720 ILCS 5/17-52) (was 720 ILCS 5/16D-4)
    Sec. 17-52. Aggravated computer tampering.
    (a) A person commits aggravated computer tampering when he or she commits computer tampering as set forth in paragraph (a)(3) of Section 17-51 and he or she knowingly:
        (1) causes disruption of or interference with vital
    
services or operations of State or local government or a public utility; or
        (2) creates a strong probability of death or great
    
bodily harm to one or more individuals.
    (b) Sentence.
        (1) A person who commits aggravated computer
    
tampering as set forth in paragraph (a)(1) of this Section is guilty of a Class 3 felony.
        (2) A person who commits aggravated computer
    
tampering as set forth in paragraph (a)(2) of this Section is guilty of a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-52.5

    (720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5)
    Sec. 17-52.5. Unlawful use of encryption.
    (a) For the purpose of this Section:
        "Computer" means an electronic device which performs
    
logical, arithmetic, and memory functions by manipulations of electronic or magnetic impulses and includes all equipment related to the computer in a system or network.
        "Computer contaminant" means any data, information,
    
image, program, signal, or sound that is designated or has the capability to: (1) contaminate, corrupt, consume, damage, destroy, disrupt, modify, record, or transmit; or (2) cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded, or transmitted, any other data, information, image, program, signal, or sound contained in a computer, system, or network without the knowledge or consent of the person who owns the other data, information, image, program, signal, or sound or the computer, system, or network.
        "Computer contaminant" includes, without limitation:
    
(1) a virus, worm, or Trojan horse; (2) spyware that tracks computer activity and is capable of recording and transmitting such information to third parties; or (3) any other similar data, information, image, program, signal, or sound that is designed or has the capability to prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network.
        "Encryption" means the use of any protective or
    
disruptive measure, including, without limitation, cryptography, enciphering, encoding, or a computer contaminant, to: (1) prevent, impede, delay, or disrupt access to any data, information, image, program, signal, or sound; (2) cause or make any data, information, image, program, signal, or sound unintelligible or unusable; or (3) prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network.
        "Network" means a set of related, remotely connected
    
devices and facilities, including more than one system, with the capability to transmit data among any of the devices and facilities. The term includes, without limitation, a local, regional, or global computer network.
        "Program" means an ordered set of data representing
    
coded instructions or statements which can be executed by a computer and cause the computer to perform one or more tasks.
        "System" means a set of related equipment, whether or
    
not connected, which is used with or for a computer.
    (b) A person shall not knowingly use or attempt to use encryption, directly or indirectly, to:
        (1) commit, facilitate, further, or promote any
    
criminal offense;
        (2) aid, assist, or encourage another person to
    
commit any criminal offense;
        (3) conceal evidence of the commission of any
    
criminal offense; or
        (4) conceal or protect the identity of a person who
    
has committed any criminal offense.
    (c) Telecommunications carriers and information service providers are not liable under this Section, except for willful and wanton misconduct, for providing encryption services used by others in violation of this Section.
    (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, unless the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law. If the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law, the person shall be punished as prescribed by law for that offense.
    (e) A person who violates this Section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted under this Section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this Section.
(Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-54

    (720 ILCS 5/17-54) (was 720 ILCS 5/16D-7)
    Sec. 17-54. Evidence of lack of authority. For the purposes of Sections 17-50 through 17-52, the trier of fact may infer that a person accessed a computer without the authorization of its owner or in excess of the authority granted if the person accesses or causes to be accessed a computer, which access requires a confidential or proprietary code which has not been issued to or authorized for use by that person. This Section does not apply to a person who acquires access in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
(Source: P.A. 99-775, eff. 8-12-16.)

720 ILCS 5/17-55

    (720 ILCS 5/17-55)
    Sec. 17-55. Definitions. For the purposes of Sections 17-50 through 17-53:
    In addition to its meaning as defined in Section 15-1 of this Code, "property" means: (1) electronic impulses; (2) electronically produced data; (3) confidential, copyrighted, or proprietary information; (4) private identification codes or numbers which permit access to a computer by authorized computer users or generate billings to consumers for purchase of goods and services, including but not limited to credit card transactions and telecommunications services or permit electronic fund transfers; (5) software or programs in either machine or human readable form; or (6) any other tangible or intangible item relating to a computer or any part thereof.
    "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of, a computer, a network, or data.
    "Services" includes but is not limited to computer time, data manipulation, or storage functions.
    "Vital services or operations" means those services or operations required to provide, operate, maintain, and repair network cabling, transmission, distribution, or computer facilities necessary to ensure or protect the public health, safety, or welfare. Those services or operations include, but are not limited to, services provided by medical personnel or institutions, fire departments, emergency services agencies, national defense contractors, armed forces or militia personnel, private and public utility companies, or law enforcement agencies.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 35

 
    (720 ILCS 5/Art. 17, Subdiv. 35 heading)
SUBDIVISION 35. MISCELLANEOUS SPECIAL FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-56

    (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
    Sec. 17-56. Financial exploitation of an elderly person or a person with a disability.
    (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability.
    (b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
    (c) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age
    
or older.
        (2) "Person with a disability" means a person who
    
suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
        (3) "Intimidation" means the communication to an
    
elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment or conduct as provided in Section 12-6 of this Code.
        (4) "Deception" means, in addition to its meaning as
    
defined in Section 15-4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
    The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
    A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, or (v) is a paid or unpaid caregiver for the elderly person or person with a disability.
    (d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
    (e) Good faith efforts. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
    (f) Not a defense. It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
    (g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability.
    (h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.
(Source: P.A. 99-272, eff. 1-1-16.)

720 ILCS 5/17-57

    (720 ILCS 5/17-57) (was 720 ILCS 5/17-28)
    Sec. 17-57. Defrauding drug and alcohol screening tests.
    (a) It is unlawful for a person to:
        (1) manufacture, sell, give away, distribute, or
    
market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test;
        (2) substitute or spike a sample or advertise a
    
sample substitution or other spiking device or measure, with the intent of attempting to foil or defeat a drug or alcohol screening test;
        (3) adulterate synthetic or human substances with the
    
intent to defraud a drug or alcohol screening test; or
        (4) manufacture, sell, or possess adulterants that
    
are intended to be used to adulterate synthetic or human substances with the intent of defrauding a drug or alcohol screening test.
    (b) The trier of fact may infer intent to violate this Section if a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products.
    (c) Sentence. A violation of this Section is a Class 4 felony for which the court shall impose a minimum fine of $1,000.
    (d) For the purposes of this Section, "drug or alcohol screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-58

    (720 ILCS 5/17-58) (was 720 ILCS 5/17-16)
    Sec. 17-58. Fraudulent production of infant. A person who fraudulently produces an infant, falsely pretending it to have been born of parents whose child would be entitled to a share of a personal estate, or to inherit real estate, with the intent of intercepting the inheritance of the real estate, or the distribution of the personal property from a person lawfully entitled to the personal property, is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-59

    (720 ILCS 5/17-59) (was 720 ILCS 5/39-1)
    Sec. 17-59. Criminal usury.
    (a) A person commits criminal usury when, in exchange for either a loan of money or other property or forbearance from the collection of such a loan, he or she knowingly contracts for or receives from an individual, directly or indirectly, interest, discount, or other consideration at a rate greater than 20% per annum either before or after the maturity of the loan.
    (b) When a person has in his or her personal or constructive possession records, memoranda, or other documentary record of usurious loans, the trier of fact may infer that he or she has violated subsection (a) of this Section.
    (c) Sentence. Criminal usury is a Class 4 felony.
    (d) Non-application to licensed persons. This Section does not apply to any loan authorized to be made by any person licensed under the Consumer Installment Loan Act or to any loan permitted by Sections 4, 4.2 and 4a of the Interest Act or by any other law of this State.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-60

    (720 ILCS 5/17-60) (was 720 ILCS 5/17-7)
    Sec. 17-60. Promotion of pyramid sales schemes.
    (a) A person who knowingly sells, offers to sell, or attempts to sell the right to participate in a pyramid sales scheme commits a Class A misdemeanor.
    (b) The term "pyramid sales scheme" means any plan or operation whereby a person, in exchange for money or other thing of value, acquires the opportunity to receive a benefit or thing of value, which is primarily based upon the inducement of additional persons, by himself or others, regardless of number, to participate in the same plan or operation and is not primarily contingent on the volume or quantity of goods, services, or other property sold or distributed or to be sold or distributed to persons for purposes of resale to consumers. For purposes of this subsection, "money or other thing of value" shall not include payments made for sales demonstration equipment and materials furnished on a nonprofit basis for use in making sales and not for resale.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-61

    (720 ILCS 5/17-61)
    Sec. 17-61. Unauthorized use of university stationery.
    (a) No person, firm or corporation shall use the official stationery or seal or a facsimile thereof, of any State supported university, college or other institution of higher education or any organization thereof unless approved in writing in advance by the university, college or institution of higher education affected, for any private promotional scheme wherein it is made to appear that the organization or university, college or other institution of higher education is endorsing the private promotional scheme.
    (b) A violation of this Section is a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-62

    (720 ILCS 5/17-62)
    Sec. 17-62. Unlawful possession of device for manufacturing a false universal price code label. It is unlawful for a person to knowingly possess a device the purpose of which is to manufacture a false, counterfeit, altered, or simulated universal price code label. A violation of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17A

 
    (720 ILCS 5/Art. 17A heading)
ARTICLE 17A. DISQUALIFICATION FOR STATE BENEFITS
(Repealed)
(Article repealed by P.A. 96-1551, eff. 7-1-11)

720 ILCS 5/Art. 17B

 
    (720 ILCS 5/Art. 17B heading)
ARTICLE 17B. WIC FRAUD
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)

720 ILCS 5/Art. 18

 
    (720 ILCS 5/Art. 18 heading)
ARTICLE 18. ROBBERY

720 ILCS 5/18-1

    (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
    Sec. 18-1. Robbery; aggravated robbery.
    (a) Robbery. A person commits robbery when he or she knowingly takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or presence of another by the use of force or by threatening the imminent use of force.
    (b) Aggravated robbery.
        (1) A person commits aggravated robbery when he or
    
she violates subsection (a) while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense shall be applicable even though it is later determined that he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her possession when he or she committed the robbery.
        (2) A person commits aggravated robbery when he or
    
she knowingly takes property from the person or presence of another by delivering (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.
    (c) Sentence.
    Robbery is a Class 2 felony, unless the victim is 60 years of age or over or is a person with a physical disability, or the robbery is committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, in which case robbery is a Class 1 felony. Aggravated robbery is a Class 1 felony.
    (d) Regarding penalties prescribed in subsection (c) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/18-2

    (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
    Sec. 18-2. Armed robbery.
    (a) A person commits armed robbery when he or she violates Section 18-1; and
        (1) he or she carries on or about his or her person
    
or is otherwise armed with a dangerous weapon other than a firearm; or
        (2) he or she carries on or about his or her person
    
or is otherwise armed with a firearm; or
        (3) he or she, during the commission of the offense,
    
personally discharges a firearm; or
        (4) he or she, during the commission of the offense,
    
personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) Sentence.
    Armed robbery in violation of subsection (a)(1) is a Class X felony. A violation of subsection (a)(2) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(3) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 91-404, eff. 1-1-00.)

720 ILCS 5/18-3

    (720 ILCS 5/18-3)
    Sec. 18-3. Vehicular hijacking.
    (a) A person commits vehicular hijacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.
    (b) Sentence. Vehicular hijacking is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/18-4

    (720 ILCS 5/18-4)
    Sec. 18-4. Aggravated vehicular hijacking.
    (a) A person commits aggravated vehicular hijacking when he or she violates Section 18-3; and
        (1) the person from whose immediate presence the
    
motor vehicle is taken is a person with a physical disability or a person 60 years of age or over; or
        (2) a person under 16 years of age is a passenger in
    
the motor vehicle at the time of the offense; or
        (3) he or she carries on or about his or her person,
    
or is otherwise armed with a dangerous weapon, other than a firearm; or
        (4) he or she carries on or about his or her person
    
or is otherwise armed with a firearm; or
        (5) he or she, during the commission of the offense,
    
personally discharges a firearm; or
        (6) he or she, during the commission of the offense,
    
personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) Sentence. Aggravated vehicular hijacking in violation of subsections (a)(1) or (a)(2) is a Class X felony. A violation of subsection (a)(3) is a Class X felony for which a term of imprisonment of not less than 7 years shall be imposed. A violation of subsection (a)(4) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(5) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(6) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/18-5

    (720 ILCS 5/18-5)
    Sec. 18-5. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/18-6

    (720 ILCS 5/18-6) (was 720 ILCS 5/12-11.1)
    Sec. 18-6. Vehicular invasion.
    (a) A person commits vehicular invasion when he or she knowingly, by force and without lawful justification, enters or reaches into the interior of a motor vehicle while the motor vehicle is occupied by another person or persons, with the intent to commit therein a theft or felony.
    (b) Sentence. Vehicular invasion is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 19

 
    (720 ILCS 5/Art. 19 heading)
ARTICLE 19. BURGLARY

720 ILCS 5/19-1

    (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
    Sec. 19-1. Burglary.
    (a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 of the Illinois Vehicle Code.
    (b) Sentence.
    Burglary is a Class 2 felony. A burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship is a Class 1 felony, except that this provision does not apply to a day care center, day care home, group day care home, or part day child care facility operated in a private residence used as a dwelling.
    (c) Regarding penalties prescribed in subsection (b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant.
(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/19-2

    (720 ILCS 5/19-2) (from Ch. 38, par. 19-2)
    Sec. 19-2. Possession of burglary tools.
    (a) A person commits possession of burglary tools when he or she possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter that place and with intent to commit therein a felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey.
    (b) Sentence.
    Possession of burglary tools is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/19-2.5

    (720 ILCS 5/19-2.5)
    Sec. 19-2.5. Unlawful sale of burglary tools.
    (a) For the purposes of this Section:
        "Lock bumping" means a lock picking technique for
    
opening a pin tumbler lock using a specially-crafted bumpkey.
        "Motor vehicle" has the meaning ascribed to it in the
    
Illinois Vehicle Code.
    (b) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part of that property.
    (c) This Section does not apply to the sale or transfer of any item described in subsection (b) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card.
    (d) Sentence. Unlawful sale of burglary tools is a Class 4 felony.
(Source: P.A. 96-1307, eff. 1-1-11.)

720 ILCS 5/19-3

    (720 ILCS 5/19-3) (from Ch. 38, par. 19-3)
    Sec. 19-3. Residential burglary.
    (a) A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. This offense includes the offense of burglary as defined in Section 19-1.
    (a-5) A person commits residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit therein a felony or theft or to facilitate the commission therein of a felony or theft by another.
    (b) Sentence. Residential burglary is a Class 1 felony.
(Source: P.A. 96-1113, eff. 1-1-11; 97-1108, eff. 1-1-13.)

720 ILCS 5/19-4

    (720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
    Sec. 19-4. Criminal trespass to a residence.
    (a) (1) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.
    (2) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason to know that one or more persons is present.
    (a-5) For purposes of this Section, in the case of a multi-unit residential building or complex, "residence" shall only include the portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational areas or lobbies.
    (b) Sentence.
        (1) Criminal trespass to a residence under paragraph
    
(1) of subsection (a) is a Class A misdemeanor.
        (2) Criminal trespass to a residence under paragraph
    
(2) of subsection (a) is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)

720 ILCS 5/19-5

    (720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
    Sec. 19-5. Criminal fortification of a residence or building.
    (a) A person commits criminal fortification of a residence or building when, with the intent to prevent the lawful entry of a law enforcement officer or another, he or she maintains a residence or building in a fortified condition, knowing that the residence or building is used for the unlawful manufacture, storage with intent to deliver or manufacture, delivery, or trafficking of cannabis, controlled substances, or methamphetamine as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
    (b) "Fortified condition" means preventing or impeding entry through the use of steel doors, wooden planking, crossbars, alarm systems, dogs, video surveillance, motion sensing devices, booby traps, or other similar means. If video surveillance is the sole component of the fortified condition, the video surveillance must be with the intent to alert an occupant to the presence of a law enforcement officer for the purpose of interfering with the official duties of a law enforcement officer, allowing removal or destruction of evidence, or facilitating the infliction of harm to a law enforcement officer. For the purposes of this Section, "booby trap" means any device, including but not limited to any explosive device, designed to cause physical injury or the destruction of evidence, when triggered by an act of a person approaching, entering, or moving through a structure.
    (c) Sentence. Criminal fortification of a residence or building is a Class 3 felony.
    (d) This Section does not apply to the fortification of a residence or building used in the manufacture of methamphetamine as described in Sections 10 and 15 of the Methamphetamine Control and Community Protection Act.
(Source: P.A. 98-897, eff. 1-1-15.)

720 ILCS 5/19-6

    (720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
    Sec. 19-6. Home Invasion.
    (a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and
        (1) While armed with a dangerous weapon, other than a
    
firearm, uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
        (2) Intentionally causes any injury, except as
    
provided in subsection (a)(5), to any person or persons within the dwelling place, or
        (3) While armed with a firearm uses force or
    
threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
        (4) Uses force or threatens the imminent use of force
    
upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or
        (5) Personally discharges a firearm that proximately
    
causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or
        (6) Commits, against any person or persons within
    
that dwelling place, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves the premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein.
    (c) Sentence. Home invasion in violation of subsection (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of subsection (a)(3) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(5) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
    (d) For purposes of this Section, "dwelling place of another" includes a dwelling place where the defendant maintains a tenancy interest but from which the defendant has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order.
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)

720 ILCS 5/Art. 20

 
    (720 ILCS 5/Art. 20 heading)
ARTICLE 20. ARSON

720 ILCS 5/20-1

    (720 ILCS 5/20-1) (from Ch. 38, par. 20-1)
    Sec. 20-1. Arson; residential arson; place of worship arson.
    (a) A person commits arson when, by means of fire or explosive, he or she knowingly:
        (1) Damages any real property, or any personal
    
property having a value of $150 or more, of another without his or her consent; or
        (2) With intent to defraud an insurer, damages any
    
property or any personal property having a value of $150 or more.
    Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.
    (b) A person commits residential arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any building or structure that is the dwelling place of another.
    (b-5) A person commits place of worship arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any place of worship.
    (c) Sentence.
    Arson is a Class 2 felony. Residential arson or place of worship arson is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/20-1.1

    (720 ILCS 5/20-1.1) (from Ch. 38, par. 20-1.1)
    Sec. 20-1.1. Aggravated Arson.
    (a) A person commits aggravated arson when in the course of committing arson he or she knowingly damages, partially or totally, any building or structure, including any adjacent building or structure, including all or any part of a school building, house trailer, watercraft, motor vehicle, or railroad car, and (1) he knows or reasonably should know that one or more persons are present therein or (2) any person suffers great bodily harm, or permanent disability or disfigurement as a result of the fire or explosion or (3) a fireman, policeman, or correctional officer who is present at the scene acting in the line of duty is injured as a result of the fire or explosion. For purposes of this Section, property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest that the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property; and "school building" means any public or private preschool, elementary or secondary school, community college, college, or university.
    (b) Sentence. Aggravated arson is a Class X felony.
(Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05; 94-393, eff. 8-1-05.)

720 ILCS 5/20-1.2

    (720 ILCS 5/20-1.2)
    Sec. 20-1.2. (Repealed).
(Source: P.A. 90-787, eff. 8-14-98. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/20-1.3

    (720 ILCS 5/20-1.3)
    Sec. 20-1.3. (Repealed).
(Source: P.A. 93-169, eff. 7-10-03. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/20-1.4

    (720 ILCS 5/20-1.4)
    Sec. 20-1.4. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005.)

720 ILCS 5/20-1.5

    (720 ILCS 5/20-1.5)
    Sec. 20-1.5. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005.)

720 ILCS 5/20-2

    (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
    Sec. 20-2. Possession of explosives or explosive or incendiary devices.
    (a) A person commits possession of explosives or explosive or incendiary devices in violation of this Section when he or she possesses, manufactures or transports any explosive compound, timing or detonating device for use with any explosive compound or incendiary device and either intends to use the explosive or device to commit any offense or knows that another intends to use the explosive or device to commit a felony.
    (b) Sentence.
    Possession of explosives or explosive or incendiary devices is a Class 1 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 30 years.
    (c) (Blank).
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 20.5

 
    (720 ILCS 5/Art. 20.5 heading)
ARTICLE 20.5. CAUSING A CATASTROPHE; DEADLY SUBSTANCES

720 ILCS 5/20.5-5

    (720 ILCS 5/20.5-5)
    Sec. 20.5-5. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/20.5-6

    (720 ILCS 5/20.5-6)
    Sec. 20.5-6. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/Art. 21

 
    (720 ILCS 5/Art. 21 heading)
ARTICLE 21. DAMAGE AND TRESPASS TO PROPERTY

720 ILCS 5/Art. 21, Subdiv. 1

 
    (720 ILCS 5/Art. 21, Subdiv. 1 heading)
SUBDIVISION 1. DAMAGE TO PROPERTY
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-1

    (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
    Sec. 21-1. Criminal damage to property.
    (a) A person commits criminal damage to property when he or she:
        (1) knowingly damages any property of another;
        (2) recklessly by means of fire or explosive damages
    
property of another;
        (3) knowingly starts a fire on the land of another;
        (4) knowingly injures a domestic animal of another
    
without his or her consent;
        (5) knowingly deposits on the land or in the building
    
of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
        (6) knowingly damages any property, other than as
    
described in paragraph (2) of subsection (a) of Section 20-1, with intent to defraud an insurer;
        (7) knowingly shoots a firearm at any portion of a
    
railroad train;
        (8) knowingly, without proper authorization, cuts,
    
injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or
        (9) intentionally, without proper authorization,
    
opens any fire hydrant.
    (b) When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
    (c) It is an affirmative defense to a violation of paragraph (1), (3), or (5) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.
    (d) Sentence.
        (1) A violation of subsection (a) shall have the
    
following penalties:
            (A) A violation of paragraph (8) or (9) is a
        
Class B misdemeanor.
            (B) A violation of paragraph (1), (2), (3), (5),
        
or (6) is a Class A misdemeanor when the damage to property does not exceed $500.
            (C) A violation of paragraph (1), (2), (3), (5),
        
or (6) is a Class 4 felony when the damage to property does not exceed $500 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (D) A violation of paragraph (4) is a Class 4
        
felony when the damage to property does not exceed $10,000.
            (E) A violation of paragraph (7) is a Class 4
        
felony.
            (F) A violation of paragraph (1), (2), (3), (5)
        
or (6) is a Class 4 felony when the damage to property exceeds $500 but does not exceed $10,000.
            (G) A violation of paragraphs (1) through (6) is
        
a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (H) A violation of paragraphs (1) through (6) is
        
a Class 3 felony when the damage to property exceeds $10,000 but does not exceed $100,000.
            (I) A violation of paragraphs (1) through (6) is
        
a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (J) A violation of paragraphs (1) through (6) is
        
a Class 2 felony when the damage to property exceeds $100,000. A violation of paragraphs (1) through (6) is a Class 1 felony when the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
        (2) When the damage to property exceeds $10,000, the
    
court shall impose upon the offender a fine equal to the value of the damages to the property.
        (3) In addition to any other sentence that may be
    
imposed, a court shall order any person convicted of criminal damage to property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
        The community service requirement does not apply when
    
the court imposes a sentence of incarceration.
        (4) In addition to any criminal penalties imposed
    
for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed.
        (5) For the purposes of this subsection (d), "farm
    
equipment" means machinery or other equipment used in farming.
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)

720 ILCS 5/21-1.01

    (720 ILCS 5/21-1.01) (was 720 ILCS 5/21-4)
    Sec. 21-1.01. Criminal Damage to Government Supported Property.
    (a) A person commits criminal damage to government supported property when he or she knowingly:
        (1) damages any government supported property
    
without the consent of the State;
        (2) by means of fire or explosive damages government
    
supported property;
        (3) starts a fire on government supported property
    
without the consent of the State; or
        (4) deposits on government supported land or in a
    
government supported building, without the consent of the State, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building.
    (b) For the purposes of this Section, "government supported" means any property supported in whole or in part with State funds, funds of a unit of local government or school district, or federal funds administered or granted through State agencies.
    (c) Sentence. A violation of this Section is a Class 4 felony when the damage to property is $500 or less; a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000; and a Class 1 felony when the damage to property exceeds $100,000. When the damage to property exceeds $10,000, the court shall impose upon the offender a fine equal to the value of the damages to the property.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-1.1

    (720 ILCS 5/21-1.1) (from Ch. 38, par. 21-1.1)
    Sec. 21-1.1. (Repealed).
(Source: P.A. 78-255. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-1.2

    (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
    Sec. 21-1.2. Institutional vandalism.
    (a) A person commits institutional vandalism when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she knowingly and without consent inflicts damage to any of the following properties:
        (1) A church, synagogue, mosque, or other building,
    
structure or place used for religious worship or other religious purpose;
        (2) A cemetery, mortuary, or other facility used for
    
the purpose of burial or memorializing the dead;
        (3) A school, educational facility or community
    
center;
        (4) The grounds adjacent to, and owned or rented by,
    
any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a); or
        (5) Any personal property contained in any
    
institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a).
    (b) Sentence.
        (1) Institutional vandalism is a Class 3 felony when
    
the damage to the property does not exceed $500. Institutional vandalism is a Class 2 felony when the damage to the property exceeds $500. Institutional vandalism is a Class 2 felony for any second or subsequent offense.
        (2) Upon imposition of any sentence, the trial court
    
shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of institutional vandalism. The court may also impose any other condition of probation or conditional discharge under this Section.
    (c) Independent of any criminal prosecution or the result of that prosecution, a person suffering damage to property or injury to his or her person as a result of institutional vandalism may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians of an unemancipated minor, other than guardians appointed under the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages rendered against the minor under this subsection in an amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law.
    (d) As used in this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act.
(Source: P.A. 99-77, eff. 1-1-16; 99-631, eff. 1-1-17.)

720 ILCS 5/21-1.3

    (720 ILCS 5/21-1.3)
    Sec. 21-1.3. Criminal defacement of property.
    (a) A person commits criminal defacement of property when the person knowingly damages the property of another by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device. It is an affirmative defense to a violation of this Section that the owner of the property damaged consented to such damage.
    (b) Sentence.
    (1) Criminal defacement of property is a Class A misdemeanor for a first offense when the aggregate value of the damage to the property does not exceed $500. Criminal defacement of property is a Class 4 felony when the aggregate value of the damage to property does not exceed $500 and the property damaged is a school building or place of worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or when the aggregate value of the damage to the property exceeds $500. Criminal defacement of property is a Class 3 felony when the aggregate value of the damage to property exceeds $500 and the property damaged is a school building or place of worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans.
    (2) In addition to any other sentence that may be imposed for a violation of this Section, a person convicted of criminal defacement of property shall:
        (A) pay the actual costs incurred by the property
    
owner or the unit of government to abate, remediate, repair, or remove the effect of the damage to the property. To the extent permitted by law, reimbursement for the costs of abatement, remediation, repair, or removal shall be payable to the person who incurred the costs; and
        (B) if convicted of criminal defacement of property
    
that is chargeable as a Class 3 or Class 4 felony, pay a mandatory minimum fine of $500.
    (3) In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal defacement of property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage to property that was caused by the offense, or similar damage to property located in the municipality or county in which the offense occurred. When the property damaged is a school building, the community service may include cleanup, removal, or painting over the defacement. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
    (4) For the purposes of this subsection (b), aggregate value shall be determined by adding the value of the damage to one or more properties if the offenses were committed as part of a single course of conduct.
(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13; 98-756, eff. 7-16-14; 99-631, eff. 1-1-17.)

720 ILCS 5/21-1.4

    (720 ILCS 5/21-1.4)
    Sec. 21-1.4. Jackrocks violation.
    (a) A person commits a jackrocks violation when he or she knowingly:
        (1) sells, gives away, manufactures, purchases, or
    
possesses a jackrock; or
        (2) places, tosses, or throws a jackrock on public or
    
private property.
    (b) As used in this Section, "jackrock" means a caltrop or other object manufactured with one or more rounded or sharpened points, which when placed or thrown present at least one point at such an angle that it is peculiar to and designed for use in puncturing or damaging vehicle tires. It does not include a device designed to puncture or damage the tires of a vehicle driven over it in a particular direction, if a conspicuous and clearly visible warning is posted at the device's location, alerting persons to its presence.
    (c) This Section does not apply to the possession, transfer, or use of jackrocks by any law enforcement officer in the course of his or her official duties.
    (d) Sentence. A jackrocks violation is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-1.5

    (720 ILCS 5/21-1.5)
    Sec. 21-1.5. (Repealed).
(Source: P.A. 93-596, eff. 8-26-03. Repealed by P.A. 94-556, eff. 9-11-05.)

720 ILCS 5/Art. 21, Subdiv. 5

 
    (720 ILCS 5/Art. 21, Subdiv. 5 heading)
SUBDIVISION 5. TRESPASS
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-2

    (720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
    Sec. 21-2. Criminal trespass to vehicles.
    (a) A person commits criminal trespass to vehicles when he or she knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft or snowmobile.
    (b) Sentence. Criminal trespass to vehicles is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-2.5

    (720 ILCS 5/21-2.5)
    Sec. 21-2.5. Electronic tracking devices prohibited.
    (a) As used in this Section:
        "Electronic tracking device" means any device
    
attached to a vehicle that reveals its location or movement by the transmission of electronic signals.
        "State agency" means all departments, officers,
    
commissions, boards, institutions, and bodies politic and corporate of the State. The term, however, does not mean the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the supreme court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, nor does it mean the legislature or its committees or commissions.
        "Telematics" includes, but is not limited to,
    
automatic airbag deployment and crash notification, remote diagnostics, navigation, stolen vehicle location, remote door unlock, transmitting emergency and vehicle location information to public safety answering points, and any other service integrating vehicle location technology and wireless communications.
        "Vehicle" has the meaning ascribed to it in Section
    
1-217 of the Illinois Vehicle Code.
    (b) A person or entity in this State may not use an electronic tracking device to determine the location or movement of a person.
    (c) This Section does not apply:
        (1) when the registered owner, lessor, or lessee of a
    
vehicle has consented to the use of the electronic tracking device with respect to that vehicle;
        (2) to the lawful use of an electronic tracking
    
device by a law enforcement agency;
        (3) when the vehicle is owned or leased by a business
    
that is authorized to transact business in this State and the tracking device is used by the business for the purpose of tracking vehicles driven by employees of that business, its affiliates, or contractors of that business or its affiliates;
        (4) when the vehicle is under the control of a State
    
agency and the electronic tracking device is used by the agency, or the Inspector General appointed under the State Officials and Employees Ethics Act who has jurisdiction over that State agency, for the purpose of tracking vehicles driven by employees or contractors of that State agency; or
        (5) telematic services that were installed by the
    
manufacturer, or installed by or with the consent of the owner or lessee of the vehicle and to which the owner or lessee has subscribed. Consent by the owner or lessee of the vehicle constitutes consent for any other driver or passenger of that vehicle.
    (d) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-381, eff. 1-1-14.)

720 ILCS 5/21-3

    (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
    Sec. 21-3. Criminal trespass to real property.
    (a) A person commits criminal trespass to real property when he or she:
        (1) knowingly and without lawful authority enters or
    
remains within or on a building;
        (2) enters upon the land of another, after receiving,
    
prior to the entry, notice from the owner or occupant that the entry is forbidden;
        (3) remains upon the land of another, after receiving
    
notice from the owner or occupant to depart;
        (3.5) presents false documents or falsely represents
    
his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
        (3.7) intentionally removes a notice posted on
    
residential real estate as required by subsection (l) of Section 15-1505.8 of Article XV of the Code of Civil Procedure before the date and time set forth in the notice; or
        (4) enters a field used or capable of being used for
    
growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.
    For purposes of item (1) of this subsection, this Section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this Section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.
    (b) A person has received notice from the owner or occupant within the meaning of Subsection (a) if he or she has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.
    (b-5) Subject to the provisions of subsection (b-10), as an alternative to the posting of real property as set forth in subsection (b), the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
        (1) A vertical line of at least 8 inches in length
    
and the bottom of the mark shall be no less than 3 feet nor more than 5 feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or
        (2) A post capped or otherwise marked on at least its
    
top 2 inches. The bottom of the cap or mark shall be not less than 3 feet but not more than 5 feet 6 inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
    Nothing in this subsection (b-5) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument.
    (b-10) Any owner or lessee who marks his or her real property using the method described in subsection (b-5) must also provide notice as described in subsection (b) of this Section. The public of this State shall be informed of the provisions of subsection (b-5) of this Section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These Departments shall conduct an information campaign for the general public concerning the interpretation and implementation of subsection (b-5). The information shall inform the public about the marking requirements and the applicability of subsection (b-5) including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The Departments shall also include information regarding the requirement that, until the date this subsection becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in subsection (b). The Departments may prepare a brochure or may disseminate the information through agency websites. Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of subsection (b-5) based on materials provided by the Departments. This subsection (b-10) is inoperative on and after January 1, 2013.
    (b-15) Subsections (b-5) and (b-10) do not apply to real property located in a municipality of over 2,000,000 inhabitants.
    (c) This Section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his or her agent having apparent authority to hire workers on this land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on the land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his or her agent, nor to anyone invited by the migrant worker or other person so living on the land to visit him or her at the place he is so living upon the land.
    (d) A person shall be exempt from prosecution under this Section if he or she beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this subsection, "unoccupied and abandoned residential and industrial property" means any real estate (1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.
    (e) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to subsection (d) of this Section.
    (e-5) Mortgagee or agent of the mortgagee exceptions.
        (1) A mortgagee or agent of the mortgagee shall be
    
exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.
        (2) No mortgagee or agent of the mortgagee shall be
    
liable to the mortgagor or other owner of an abandoned residential property in any civil action for negligence or civil trespass in connection with entering, securing, or maintaining the abandoned residential property.
        (3) For the purpose of this subsection (e-5) only,
    
"abandoned residential property" means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in Section 15-1200.5 of Article XV of the Code of Civil Procedure.
    (f) This Section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection (f), "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.
    (g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
    (h) Sentence. A violation of subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of subdivision (a)(4) is a Class A misdemeanor.
    (i) Civil liability. A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (i):
        "Land" includes, but is not limited to, land used for
    
crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.
        "Owner" means the person who has the right to
    
possession of the land, including the owner, operator or tenant.
        "Vehicle" has the same meaning as provided under
    
Section 1-217 of the Illinois Vehicle Code.
    (j) This Section does not apply to the following persons while serving process:
        (1) a person authorized to serve process under
    
Section 2-202 of the Code of Civil Procedure; or
        (2) a special process server appointed by the circuit
    
court.
(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. 6-1-13.)

720 ILCS 5/21-4

    (720 ILCS 5/21-4) (from Ch. 38, par. 21-4)
    (This Section was renumbered as Section 21-1.01 by P.A. 97-1108.)
    Sec. 21-4. (Renumbered).
(Source: P.A. 89-30, eff. 1-1-96. Renumbered by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-5

    (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
    Sec. 21-5. Criminal trespass to State supported land.
    (a) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land, after receiving, prior to the entry, notice from the State or its representative that the entry is forbidden, or remains upon the land or in the building after receiving notice from the State or its representative to depart, and who thereby interferes with another person's lawful use or enjoyment of the building or land.
    A person has received notice from the State within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her or a group of which he or she is a part, has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.
    (a-5) A person commits criminal trespass to State supported land when he or she enters upon a right of way, including facilities and improvements thereon, owned, leased, or otherwise used by a public body or district organized under the Metropolitan Transit Authority Act, the Local Mass Transit District Act, or the Regional Transportation Authority Act, after receiving, prior to the entry, notice from the public body or district, or its representative, that the entry is forbidden, or the person remains upon the right of way after receiving notice from the public body or district, or its representative, to depart, and in either of these instances intends to compromise public safety by causing a delay in transit service lasting more than 15 minutes or destroying property.
    A person has received notice from the public body or district within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her has been conspicuously posted or exhibited at any point of entrance to the right of way or the forbidden part of the right of way.
    As used in this subsection (a-5), "right of way" has the meaning ascribed to it in Section 18c-7502 of the Illinois Vehicle Code.
    (b) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to obtain permission from the State or its representative to enter the building or land; or remains upon the land or in the building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon the land or in the building, and who thereby interferes with another person's lawful use or enjoyment of the building or land.
    This subsection does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land in the performance of his or her official duties.
    (c) Sentence. Criminal trespass to State supported land is a Class A misdemeanor, except a violation of subsection (a-5) of this Section is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)

720 ILCS 5/21-5.5

    (720 ILCS 5/21-5.5)
    Sec. 21-5.5. Criminal trespass to a safe school zone.
    (a) As used in this Section:
    "Employee" means a person employed by a school whose relationship with that agency constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor. "Employee" includes, but is not limited to, a teacher, student teacher, aide, secretary, custodial engineer, coach, or his or her designee.
    "School administrator" means the school's principal, or his or her designee.
    "Safe school zone" means an area that encompasses any of the following places during regular school hours or within 60 minutes before or after the school day or 60 minutes before or after a school-sponsored activity. This shall include any school property, ground, or street, sidewalk, or public way immediately adjacent thereto and any public right-of-way situated immediately adjacent to school property. The safe school zone shall not include any portion of the highway not actually on school property.
    "School activity" means and includes any school session, any extracurricular activity or event sponsored by or participated in by the school, and the 60-minute periods immediately preceding and following any session, activity, or event.
    "Student" means any person enrolled or previously enrolled in a school.
    (b) A person commits the offense of criminal trespass to a safe school zone when he or she knowingly:
        (1) enters or remains in a safe school zone without
    
lawful business, when as a student or employee, who has been suspended, expelled, or dismissed for disrupting the orderly operation of the school, and as a condition of the suspension or dismissal, has been denied access to the safe school zone for the period of the suspension or in the case of dismissal for a period not to exceed the term of expulsion, and has been served in person or by registered or certified mail, at the last address given by that person, with a written notice of the suspension or dismissal and condition; or
        (2) enters or remains in a safe school zone without
    
lawful business, once being served either in person or by registered or certified mail that his or her presence has been withdrawn by the school administrator, or his or her designee, and whose presence or acts interfere with, or whenever there is reasonable suspicion to believe, such person will disrupt the orderly operation, or the safety, or peaceful conduct of the school or school activities. This clause (b)(2) has no application to conduct protected by the Illinois Educational Labor Relations Act or any other law applicable to labor relations. This clause (b)(2) has no application to conduct protected by the First Amendment to the Constitution of the United States or Article I of the Illinois Constitution, including the exercise of free speech, free expression, and the free exercise of religion or expression of religiously based views.
    (c) Sentence. Criminal trespass to a safe school zone is a Class A misdemeanor.
(Source: P.A. 97-547, eff. 1-1-12.)

720 ILCS 5/21-6

    (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
    (a) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.
    (b) The chief security officer must grant any reasonable request for permission under paragraph (a).
(Source: P.A. 89-685, eff. 6-1-97.)

720 ILCS 5/21-7

    (720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
    Sec. 21-7. Criminal trespass to restricted areas and restricted landing areas at airports; aggravated criminal trespass to restricted areas and restricted landing areas at airports.
    (a) A person commits criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or remains in, any:
        (1) restricted area or restricted landing area used
    
in connection with an airport facility, or part thereof, in this State, after the person has received notice from the airport authority that the entry is forbidden;
        (2) restricted area or restricted landing area used
    
in connection with an airport facility, or part thereof, in this State by presenting false documents or falsely representing his or her identity orally to the airport authority;
        (3) restricted area or restricted landing area as
    
prohibited in paragraph (1) of this subsection, while dressed in the uniform of, improperly wearing the identification of, presenting false credentials of, or otherwise physically impersonating an airman, employee of an airline, employee of an airport, or contractor at an airport.
     (b) A person commits aggravated criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or remains in, any restricted area or restricted landing area used in connection with an airport facility, or part thereof, in this State, while in possession of a weapon, replica of a weapon, or ammunition, after the person has received notice from the airport authority that the entry is forbidden.
     (c) Notice that the area is "restricted" and entry thereto "forbidden", for purposes of this Section, means that the person or persons have been notified personally, either orally or in writing, or by a printed or written notice forbidding the entry to him or her or a group or an organization of which he or she is a member, which has been conspicuously posted or exhibited at every usable entrance to the area or the forbidden part thereof.
    (d) (Blank).
    (e) (Blank).
    (f) The terms "Restricted area" or "Restricted landing area" in this Section are defined to incorporate the meaning ascribed to those terms in Section 8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended, and also include any other area of the airport that has been designated such by the airport authority.
    The terms "airman" and "airport" in this Section are defined to incorporate the meaning ascribed to those terms in Sections 6 and 12 of the Illinois Aeronautics Act.
    (g) Paragraph (2) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a restricted area or a restricted landing area used in connection with an airport facility, or part thereof, in the performance of his or her official duties.
    (h) Sentence.
    (1) A violation of paragraph (2) of subsection (a) is a Class A misdemeanor.
    (2) A violation of paragraph (1) or (3) of subsection (a) is a Class 4 felony.
    (3) A violation of subsection (b) is a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-8

    (720 ILCS 5/21-8)
    Sec. 21-8. Criminal trespass to a nuclear facility.
    (a) A person commits criminal trespass to a nuclear facility when he or she knowingly and without lawful authority:
        (1) enters or remains within a nuclear facility or on
    
the grounds of a nuclear facility, after receiving notice before entry that entry to the nuclear facility is forbidden;
        (2) remains within the facility or on the grounds of
    
the facility after receiving notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility to give that notice to depart from the facility or grounds of the facility; or
        (3) enters or remains within a nuclear facility or on
    
the grounds of a nuclear facility, by presenting false documents or falsely representing his or her identity orally to the owner or manager of the facility. This paragraph (3) does not apply to a peace officer or other official of a unit of government who enters or remains in the facility in the performance of his or her official duties.
    (b) A person has received notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility within the meaning of paragraphs (1) and (2) of subsection (a) if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding the entry has been conspicuously posted or exhibited at the main entrance to the facility or grounds of the facility or the forbidden part of the facility.
    (c) In this Section, "nuclear facility" has the meaning ascribed to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.
    (d) Sentence. Criminal trespass to a nuclear facility is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-9

    (720 ILCS 5/21-9)
    Sec. 21-9. Criminal trespass to a place of public amusement.
    (a) A person commits criminal trespass to a place of public amusement when he or she knowingly and without lawful authority enters or remains on any portion of a place of public amusement after having received notice that the general public is restricted from access to that portion of the place of public amusement. These areas may include, but are not limited to: a playing field, an athletic surface, a stage, a locker room, or a dressing room located at the place of public amusement.
    (a-5) A person commits the offense of criminal trespass to a place of public amusement when he or she knowingly and without lawful authority gains access to or remains on any portion of a place of public amusement by presenting false documents or falsely representing his or her identity orally to the property owner, a lessee, an agent of either the owner or lessee, or a performer or participant. This subsection (a-5) does not apply to a peace officer or other official of a unit of government who enters or remains in the place of public amusement in the performance of his or her official duties.
    (b) A property owner, a lessee, an agent of either the owner or lessee, or a performer or participant may use reasonable force to restrain a trespasser and remove him or her from the restricted area; however, any use of force beyond reasonable force may subject that person to any applicable criminal penalty.
    (c) A person has received notice within the meaning of subsection (a) if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the entrance to the portion of the place of public amusement that is restricted or an oral warning has been broadcast over the public address system of the place of public amusement.
    (d) In this Section, "place of public amusement" means a stadium, a theater, or any other facility of any kind, whether licensed or not, where a live performance, a sporting event, or any other activity takes place for other entertainment and where access to the facility is made available to the public, regardless of whether admission is charged.
    (e) Sentence. Criminal trespass to a place of public amusement is a Class 4 felony. Upon imposition of any sentence, the court shall also impose a fine of not less than $1,000. In addition, any order of probation or conditional discharge entered following a conviction shall include a condition that the offender perform public or community service of not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offender was convicted. The court may also impose any other condition of probation or conditional discharge under this Section.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 21, Subdiv. 10

 
    (720 ILCS 5/Art. 21, Subdiv. 10 heading)
SUBDIVISION 10. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-10

    (720 ILCS 5/21-10)
    Sec. 21-10. Criminal use of a motion picture exhibition facility.
    (a) A person commits criminal use of a motion picture exhibition facility, when he or she, where a motion picture is being exhibited, knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of that exhibition facility and of the licensor of the motion picture being exhibited.
    (b) Sentence. Criminal use of a motion picture exhibition facility is a Class 4 felony.
    (c) The owner or lessee of a facility where a motion picture is being exhibited, the authorized agent or employee of that owner or lessee, or the licensor of the motion picture being exhibited or his or her agent or employee, who alerts law enforcement authorities of an alleged violation of this Section is not liable in any civil action arising out of measures taken by that owner, lessee, licensor, agent, or employee in the course of subsequently detaining a person that the owner, lessee, licensor, agent, or employee, in good faith believed to have violated this Section while awaiting the arrival of law enforcement authorities, unless the plaintiff in such an action shows by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.
    (d) This Section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the State or federal government from operating any audiovisual recording device in any facility where a motion picture is being exhibited as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
    (e) This Section does not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales and display purposes.
    (f) Nothing in this Section prevents the prosecution for conduct that constitutes a violation of this Section under any other provision of law providing for a greater penalty.
    (g) In this Section, "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed and "facility" does not include a personal residence.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-11

    (720 ILCS 5/21-11)
    Sec. 21-11. Distributing or delivering written or printed solicitation on school property.
    (a) Distributing or delivering written or printed solicitation on school property or within 1,000 feet of school property, for the purpose of inviting students to any event when a significant purpose of the event is to commit illegal acts or to solicit attendees to commit illegal acts, or to be held in or around abandoned buildings, is prohibited.
    (b) For the purposes of this Section, "school property" is defined as the buildings or grounds of any public or private elementary or secondary school.
    (c) Sentence. A violation of this Section is a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 21.1

 
    (720 ILCS 5/Art. 21.1 heading)
ARTICLE 21.1. RESIDENTIAL PICKETING

720 ILCS 5/21.1-1

    (720 ILCS 5/21.1-1) (from Ch. 38, par. 21.1-1)
    Sec. 21.1-1. Legislative finding and declaration.
    The Legislature finds and declares that men in a free society have the right to quiet enjoyment of their homes; that the stability of community and family life cannot be maintained unless the right to privacy and a sense of security and peace in the home are respected and encouraged; that residential picketing, however just the cause inspiring it, disrupts home, family and communal life; that residential picketing is inappropriate in our society, where the jealously guarded rights of free speech and assembly have always been associated with respect for the rights of others. For these reasons the Legislature finds and declares this Article to be necessary.
(Source: Laws 1967, p. 940.)

720 ILCS 5/21.1-2

    (720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)
    Sec. 21.1-2. Residential picketing. A person commits residential picketing when he or she pickets before or about the residence or dwelling of any person, except when the residence or dwelling is used as a place of business. This Article does not apply to a person peacefully picketing his own residence or dwelling and does not prohibit the peaceful picketing of the place of holding a meeting or assembly on premises commonly used to discuss subjects of general public interest.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21.1-3

    (720 ILCS 5/21.1-3) (from Ch. 38, par. 21.1-3)
    Sec. 21.1-3. Sentence. Violation of Section 21.1-2 is a Class B misdemeanor.
(Source: P.A. 77-2638.)

720 ILCS 5/Art. 21.2

 
    (720 ILCS 5/Art. 21.2 heading)
ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
INSTITUTION OF EDUCATION
(Source: P.A. 96-807, eff. 1-1-10.)

720 ILCS 5/21.2-1

    (720 ILCS 5/21.2-1) (from Ch. 38, par. 21.2-1)
    Sec. 21.2-1. The General Assembly, in recognition of unlawful campus and school disorders across the nation which are disruptive of the educational process, dangerous to the health and safety of persons, damaging to public and private property, and which divert the use of institutional facilities from the primary function of education, establishes by this Act criminal penalties for conduct declared in this Article to be unlawful. However, this Article does not modify or supersede any other law relating to damage to persons or property, nor does it prevent a public institution of education from establishing restrictions upon the availability or use of any building or other facility owned, operated or controlled by the institution to preserve their dedication to education, nor from establishing standards of scholastic and behavioral conduct reasonably relevant to the missions, processes and functions of the institution, nor from invoking appropriate discipline or expulsion for violations of such standards.
(Source: P.A. 96-807, eff. 1-1-10.)

720 ILCS 5/21.2-2

    (720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
    Sec. 21.2-2. Interference with a public institution of education. A person commits interference with a public institution of education when he or she, on the campus of a public institution of education, or at or in any building or other facility owned, operated or controlled by the institution, without authority from the institution he or she, through force or violence, actual or threatened:
        (1) knowingly denies to a trustee, school board
    
member, superintendent, principal, employee, student or invitee of the institution:
            (A) Freedom of movement at that place; or
            (B) Use of the property or facilities of the
        
institution; or
            (C) The right of ingress or egress to the
        
property or facilities of the institution; or
        (2) knowingly impedes, obstructs, interferes with or
    
disrupts:
            (A) the performance of institutional duties by a
        
trustee, school board member, superintendent, principal, or employee of the institution; or
            (B) the pursuit of educational activities, as
        
determined or prescribed by the institution, by a trustee, school board member, superintendent, principal, employee, student or invitee of the institution; or
        (3) knowingly occupies or remains in or at any
    
building, property or other facility owned, operated or controlled by the institution after due notice to depart.
(Source: P.A. 96-807, eff. 1-1-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/21.2-3

    (720 ILCS 5/21.2-3) (from Ch. 38, par. 21.2-3)
    Sec. 21.2-3. Nothing in this Article prevents lawful assembly of the trustees, school board members, superintendent, principal, employees, students or invitees of a public institution of education, or prevents orderly petition for redress of grievances.
(Source: P.A. 96-807, eff. 1-1-10.)

720 ILCS 5/21.2-4

    (720 ILCS 5/21.2-4) (from Ch. 38, par. 21.2-4)
    Sec. 21.2-4. Sentence. A person convicted of violation of this Article commits a Class C misdemeanor for the first offense and for a second or subsequent offense commits a Class B misdemeanor. If the interference with the public institution of education is accompanied by a threat of personal injury or property damage, the person commits a Class 3 felony and may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years and may be prosecuted for intimidation in accordance with Section 12-6 of this Code.
(Source: P.A. 96-807, eff. 1-1-10.)