(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.
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(2) A violation of subsection (b) of this Section is
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| 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.
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(Source: P.A. 96-1551, eff. 7-1-11 .)
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(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 5/17-43) 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) 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) 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.
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(2) A general merchandise retail seller who permits a
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| 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.
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(3) A franchisee who furnishes the cardholder with an
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| 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.
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(4) A franchisor who permits a franchisee described
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| in paragraph (3) to process, deposit, negotiate, or obtain payment of a credit card charge through that franchisor's account or agreement.
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(5) The credit card issuer or a financial institution
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| or a parent, subsidiary, or affiliate of the card issuer or a financial institution.
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(6) A person who processes, deposits, negotiates, or
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| 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.
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(7) A telecommunications carrier that includes
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| 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.
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(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 .)
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(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 .) |