(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 heading) SUBDIVISION 1. GENERAL DEFINITIONS
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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, including cloud-based networks of remote services hosted on the Internet, 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 | ||
| ||
(2) Print the cardholder's account balances on a | ||
| ||
(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 | ||
| ||
(6) Accept deposits to a customer's account; or (7) Receive inquiries of verification of checks and | ||
| ||
(8) Cause money to be transferred electronically from | ||
| ||
"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 | ||
| ||
(2) Conceals (i) the occurrence of an event that is | ||
| ||
"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. 101-87, eff. 1-1-20 .) |
(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) (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 | ||
| ||
(2) Being an officer, manager or other person | ||
| ||
(3) He or she knowingly makes a false or deceptive | ||
| ||
(B) Bad checks. A person commits a deceptive practice when: (1) With intent to obtain control over property or to | ||
| ||
(2) He or she issues or delivers a check or other | ||
| ||
(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 | ||
| ||
(2) For purposes of paragraphs (A)(1) and (B)(1): (a) The commission of a deceptive practice in | ||
| ||
(b) The commission of a deceptive practice in | ||
| ||
(3) For purposes of paragraph (C)(2), a person who, | ||
| ||
(4) For purposes of paragraph (C)(3), a person who | ||
| ||
(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) (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)
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 | ||
| ||
(4) the evidence presented to the State's Attorney | ||
| ||
(5) the offender's criminal history; and
(6) the reason the check was dishonored by the | ||
| ||
(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 | ||
| ||
(ii) make full restitution for the offense;
(iii) pay a per-check administrative fee as set forth | ||
| ||
(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 | ||
| ||
(2) (A) Each private entity that has a contract with | ||
| ||
(B) The trust account shall be established in a | ||
| ||
(C) Each private entity shall keep on file the | ||
| ||
(3) The State's Attorney may cancel a contract | ||
| ||
(A) Conviction of the private entity or the | ||
| ||
(B) A determination that the private entity has | ||
| ||
(4) The State's Attorney may determine whether the | ||
| ||
(A) Using or threatening to use force or violence | ||
| ||
(B) Threatening the seizure, attachment, or sale | ||
| ||
(C) Disclosing or threatening to disclose | ||
| ||
(D) Initiating or threatening to initiate | ||
| ||
(E) Communicating with the offender or any member | ||
| ||
(i) Communicating with the offender or any | ||
| ||
(ii) The threat of publication or publication | ||
| ||
(iii) The threat of advertisement or | ||
| ||
(iv) Causing a telephone to ring or engaging | ||
| ||
(v) Using profane, obscene or abusive | ||
| ||
(vi) Disclosing or threatening to disclose | ||
| ||
(vii) Disclosing or threatening to disclose | ||
| ||
(viii) Engaging in any conduct which the | ||
| ||
(ix) Attempting or threatening to enforce a | ||
| ||
(x) Except as authorized by the State's | ||
| ||
(xi) Using any badge, uniform, or other | ||
| ||
(xii) Except as authorized by the State's | ||
| ||
(xiii) Misrepresenting the amount of the | ||
| ||
(xiv) Except as authorized by the State's | ||
| ||
(xv) Except as authorized by the State's | ||
| ||
(xvi) Collecting or attempting to collect any | ||
| ||
(xvii) Communicating or threatening to | ||
| ||
(xviii) Engaging in dishonorable, unethical, | ||
| ||
(5) The State's Attorney shall audit the accounts of | ||
| ||
(6) Any information obtained by a private entity that | ||
| ||
(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) (from Ch. 38, par. 17-2) (Text of Section before amendment by P.A. 103-746 ) Sec. 17-2. False personation; solicitation. (a) False personation; solicitation. (1) A person commits a false personation when he or | ||
| ||
(2) A person commits a false personation when he or | ||
| ||
(2.1) A person commits a false personation when he or | ||
| ||
(A) an active-duty member of the Armed Services | ||
| ||
(B) obtains money, property, or another tangible | ||
| ||
In this paragraph, "member of the Armed Services or | ||
| ||
(2.5) A person commits a false personation when he or | ||
| ||
(A) another actual person and does an act in such | ||
| ||
(B) a representative of an actual person or | ||
| ||
(3) No person shall knowingly use the words "Police", | ||
| ||
(4) No person may knowingly claim or represent that | ||
| ||
(5) No person, when soliciting financial | ||
| ||
(A) the person is actually representing or acting | ||
| ||
(B) the nongovernmental organization is | ||
| ||
(C) before commencing the solicitation or the | ||
| ||
(6) No person, when soliciting financial | ||
| ||
(A) the person is actually representing or acting | ||
| ||
(B) the nongovernmental organization is | ||
| ||
(C) before commencing the solicitation or the | ||
| ||
(7) No person may knowingly claim or represent that | ||
| ||
(8) No person, firm, copartnership, or corporation | ||
| ||
(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 | ||
| ||
(2) A public officer or a public employee or an | ||
| ||
(2.3) A public officer, a public employee, or an | ||
| ||
(2.7) A public officer or a public employee, and the | ||
| ||
(3) A peace officer. (4) A peace officer while carrying a deadly weapon. (5) A peace officer in attempting or committing a | ||
| ||
(6) A peace officer in attempting or committing a | ||
| ||
(7) The parent, legal guardian, or other relation of | ||
| ||
(7.5) The legal guardian, including any | ||
| ||
(8) A fire fighter. (9) A fire fighter while carrying a deadly weapon. (10) A fire fighter in attempting or committing a | ||
| ||
(11) An emergency management worker of any | ||
| ||
(12) An emergency management worker of any | ||
| ||
(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, | ||
| ||
(2) falsely expresses by word or action that he or | ||
| ||
(c) Fraudulent advertisement of a corporate name. (1) A company, association, or individual commits | ||
| ||
(2) Nothing contained in this subsection (c) | ||
| ||
(3) The provisions of this subsection (c) do not | ||
| ||
(d) False law enforcement badges. (1) A person commits false law enforcement badges if | ||
| ||
(2) It is a defense to false law enforcement badges | ||
| ||
(e) False medals. (1) A person commits a false personation if he or she | ||
| ||
(2) It is a defense to a prosecution under paragraph | ||
| ||
(A) for a dramatic presentation, such as a | ||
| ||
(B) for a costume worn, or intended to be worn, | ||
| ||
(f) Sentence. (1) A violation of paragraph (a)(8) is a petty | ||
| ||
(2) A violation of paragraph (a)(1), (a)(3), or | ||
| ||
(3) A violation of paragraph (a)(2), (a)(2.5), | ||
| ||
(4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||
| ||
(5) A violation of paragraph (b)(4), (b)(9), or | ||
| ||
(6) A violation of paragraph (b)(5) or (b)(10) is a | ||
| ||
(7) A violation of paragraph (b)(6) is a Class 1 | ||
| ||
(g) A violation of subsection (a)(1) through (a)(7) or subsection (e) of this Section may be accomplished in person or by any means of communication, including but not limited to the use of an Internet website or any form of electronic communication. (Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16; 100-201, eff. 8-18-17.) (Text of Section after amendment by P.A. 103-746 ) Sec. 17-2. False personation; solicitation. (a) False personation; solicitation. (1) A person commits a false personation when he or | ||
| ||
(2) A person commits a false personation when he or | ||
| ||
(2.1) A person commits a false personation when he or | ||
| ||
(A) an active-duty member of the Armed Services | ||
| ||
(B) obtains money, property, or another tangible | ||
| ||
In this paragraph, "member of the Armed Services or | ||
| ||
(2.5) A person commits a false personation when he or | ||
| ||
(A) another actual person and does an act in such | ||
| ||
(B) a representative of an actual person or | ||
| ||
(3) No person shall knowingly use the words "Police", | ||
| ||
(4) No person may knowingly claim or represent that | ||
| ||
(5) No person, when soliciting financial | ||
| ||
(A) the person is actually representing or acting | ||
| ||
(B) the nongovernmental organization is | ||
| ||
(C) before commencing the solicitation or the | ||
| ||
(6) No person, when soliciting financial | ||
| ||
(A) the person is actually representing or acting | ||
| ||
(B) the nongovernmental organization is | ||
| ||
(C) before commencing the solicitation or the | ||
| ||
(7) No person may knowingly claim or represent that | ||
| ||
(8) No person, firm, copartnership, or corporation | ||
| ||
(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 | ||
| ||
(2) A public officer or a public employee or an | ||
| ||
(2.3) A public officer, a public employee, or an | ||
| ||
(2.7) A public officer or a public employee, and the | ||
| ||
(3) A peace officer. (4) A peace officer while carrying a deadly weapon. (5) A peace officer in attempting or committing a | ||
| ||
(6) A peace officer in attempting or committing a | ||
| ||
(7) The parent, legal guardian, or other relation of | ||
| ||
(7.5) The legal guardian, including any | ||
| ||
(8) A fire fighter. (9) A fire fighter while carrying a deadly weapon. (10) A fire fighter in attempting or committing a | ||
| ||
(11) An emergency management worker of any | ||
| ||
(12) An emergency management worker of any | ||
| ||
(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, | ||
| ||
(2) falsely expresses by word or action that he or | ||
| ||
(c) Fraudulent advertisement of a corporate name. (1) A company, association, or individual commits | ||
| ||
(2) Nothing contained in this subsection (c) | ||
| ||
(3) The provisions of this subsection (c) do not | ||
| ||
(d) False law enforcement badges. (1) A person commits false law enforcement badges if | ||
| ||
(2) It is a defense to false law enforcement badges | ||
| ||
(e) False medals. (1) A person commits a false personation if he or she | ||
| ||
(2) It is a defense to a prosecution under paragraph | ||
| ||
(A) for a dramatic presentation, such as a | ||
| ||
(B) for a costume worn, or intended to be worn, | ||
| ||
(f) Sentence. (1) A violation of paragraph (a)(8) is a petty | ||
| ||
(2) A violation of paragraph (a)(1), (a)(3), or | ||
| ||
(3) A violation of paragraph (a)(2), (a)(2.5), | ||
| ||
(4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||
| ||
(5) A violation of paragraph (b)(4), (b)(9), or | ||
| ||
(6) A violation of paragraph (b)(5) or (b)(10) is a | ||
| ||
(7) A violation of paragraph (b)(6) is a Class 1 | ||
| ||
(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. 103-746, eff. 1-1-25.) |
(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) (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 | ||
| ||
(2) issues or delivers such document knowing it to | ||
| ||
(3) possesses, with intent to issue or deliver, any | ||
| ||
(4) unlawfully uses the digital signature, as defined | ||
| ||
(5) unlawfully creates an electronic signature of | ||
| ||
(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), | ||
| ||
(2) Forgery is a Class 4 felony when only one | ||
| ||
(3) Forgery is a Class A misdemeanor when an academic | ||
| ||
(e) It is not a violation of this Section if a false academic degree explicitly states "for novelty purposes only". (Source: P.A. 102-38, eff. 6-25-21.)
|
(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) (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) (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, | ||
| ||
(b) While attempting to collect an alleged debt, | ||
| ||
(c) While attempting to collect an alleged debt, adds | ||
| ||
(d) Threatens to ruin, destroy, or otherwise | ||
| ||
(e) Accepts from an alleged debtor a payment which | ||
| ||
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)
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 | ||
| ||
(2) contacts or distributes information to affect the | ||
| ||
(3) takes any other action adverse to the crime | ||
| ||
(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)
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 heading) SUBDIVISION 10. FRAUD ON A GOVERNMENTAL ENTITY
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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, Service Member Employment and Reemployment Rights Act, the Service Member's 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; 100-1101, eff. 1-1-19 .)
|
(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 | ||
| ||
(2) An official or employee of the State or a unit of | ||
| ||
(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, | ||
| ||
(A) the total amount of money involved in the | ||
| ||
(B) the total amount of money involved in the | ||
| ||
(C) the total amount of money involved in the | ||
| ||
(D) the total amount of money involved in the | ||
| ||
(E) the total amount of money involved in the | ||
| ||
(2) A violation of subsection (d) is a Class 4 felony. (3) The State's Attorney of the county in which the | ||
| ||
(4) For purposes of determining the classification of | ||
| ||
(f) Seizure and forfeiture of property. (1) A person who commits a felony violation of this | ||
| ||
(2) Property subject to forfeiture under this | ||
| ||
(A) If the seizure is incident to inspection | ||
| ||
(B) If the property subject to seizure has been | ||
| ||
(C) If there is probable cause to believe that | ||
| ||
(D) If there is probable cause to believe that | ||
| ||
(E) In accordance with the Code of Criminal | ||
| ||
(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. 102-538, eff. 8-20-21.) |
(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 | ||
| ||
(2) Grants under the Senior Citizens and Persons with | ||
| ||
(3) The double income tax exemption conferred upon | ||
| ||
(4) Grants provided by the Department on Aging. (5) Reductions in vehicle registration fees under | ||
| ||
(6) Free fishing and reduced fishing license fees | ||
| ||
(7) Tuition free courses for senior citizens under | ||
| ||
(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 | ||
| ||
(2) the total monetary value of the benefits | ||
| ||
(3) the total monetary value of the benefits | ||
| ||
(4) the total monetary value of the benefits | ||
| ||
(5) the total monetary value of the benefits | ||
| ||
(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 a person 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. 102-1030, eff. 5-27-22.) |
(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) (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)
(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) 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 | ||
| ||
(2) A violation of subsection (a) in which the value | ||
| ||
(3) A violation of subsection (a) in which the value | ||
| ||
(4) A violation of subsection (a) in which the value | ||
| ||
(5) A violation of subsection (b) is a Class 1 | ||
| ||
(6) The offense of being an organizer of an | ||
| ||
(7) Notwithstanding Section 8-5 of this Code, a | ||
| ||
(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 | ||
| ||
(2) If a person who is licensed or registered under | ||
| ||
(3) Any agency that receives information under this | ||
| ||
(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) (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) (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) (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 | ||
| ||
(1) American Indian or Alaska Native (a person having | ||
| ||
(2) Asian (a person having origins in any of the | ||
| ||
(3) Black or African American (a person having | ||
| ||
(4) Hispanic or Latino (a person of Cuban, Mexican, | ||
| ||
(5) Native Hawaiian or Other Pacific Islander (a | ||
| ||
"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a | ||
| ||
"Disability" means a severe physical or mental | ||
| ||
"Minority owned business" means a business concern | ||
| ||
"Female owned business" means a business concern that | ||
| ||
"Business owned by a person with a disability" means | ||
| ||
"Governmental unit" means the State, a unit of local | ||
| ||
(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. 102-465, eff. 1-1-22 .) |
(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, women-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 Business Enterprise Council for Minorities, Women, and Persons with Disabilities for the
purpose of influencing the certification or denial of certification of any
business entity as a minority-owned business, women-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
Business Enterprise Council for Minorities, Women, and Persons with Disabilities
who is investigating the qualifications of a business
entity which has requested certification as a minority-owned business, women-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, women-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", "women-owned business", "State agency" with respect to minority-owned businesses and women-owned businesses, and "certification" with respect to minority-owned businesses and women-owned businesses shall
have the meanings ascribed to them in Section 2 of the Business Enterprise for
Minorities, Women, 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. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; 101-601, eff. 1-1-20.) |
(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)
Sec. 17-10.5. Insurance fraud. (a) Insurance fraud. (1) A person commits insurance fraud when he or she | ||
| ||
(2) A person commits health care benefits fraud | ||
| ||
(b) Aggravated insurance fraud. (1) A person commits aggravated insurance fraud on a | ||
| ||
(2) A person commits being an organizer of an | ||
| ||
(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 | ||
| ||
(2) A violation of paragraph (a)(1) in which the | ||
| ||
(3) A violation of paragraph (a)(1) in which the | ||
| ||
(4) A violation of paragraph (a)(1) in which the | ||
| ||
(5) A violation of paragraph (a)(2) is a Class A | ||
| ||
(6) A violation of paragraph (b)(1) is a Class 1 | ||
| ||
(7) A violation of paragraph (b)(2) is a Class X | ||
| ||
(8) A person convicted of insurance fraud, vendor | ||
| ||
(9) Notwithstanding Section 8-5 of this Code, a | ||
| ||
(e) Civil damages for insurance fraud. (1) A person who knowingly obtains, attempts to | ||
| ||
(2) An insurance company or self-insured entity that | ||
| ||
(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 | ||
| ||
(2) If a person who is licensed or registered under | ||
| ||
(3) Any agency that receives information under this | ||
| ||
(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) 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 | ||
| ||
(2) An employee, agent, or fiduciary of a financial | ||
| ||
(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, | ||
| ||
(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 | ||
| ||
(2) No person may be convicted of conspiracy to | ||
| ||
(3) It shall not be a defense to conspiracy to commit | ||
| ||
(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 | ||
| ||
(3) if involving a financial institution, any other | ||
| ||
(i) Organizer of a continuing financial crimes enterprise. (1) A person commits being an organizer of a | ||
| ||
(A) with the intent to commit any offense, agrees | ||
| ||
(i) an offense under this Section; (ii) a felony offense in violation of Section | ||
| ||
(iii) if involving a financial institution, | ||
| ||
(B) with respect to the other persons within the | ||
| ||
(2) The person with whom the accused agreed to commit | ||
| ||
(j) Sentence. (1) Except as otherwise provided in this subsection, | ||
| ||
(A) does not exceed $500, is a Class A | ||
| ||
(B) does not exceed $500, and the person has been | ||
| ||
(C) exceeds $500 but does not exceed $10,000, is | ||
| ||
(D) exceeds $10,000 but does not exceed $100,000, | ||
| ||
(E) exceeds $100,000 but does not exceed | ||
| ||
(F) exceeds $500,000 but does not exceed | ||
| ||
(G) exceeds $1,000,000, is a Class X felony; when | ||
| ||
(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 | ||
| ||
(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 Article 29B of this Code. Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act. (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.) |
(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 | ||
| ||
(A) all or part of any applicable insurance | ||
| ||
(B) a rebate in an amount equal to all or part of | ||
| ||
(2) the goods or services are paid for by the | ||
| ||
(3) the person knowingly charges an amount for the | ||
| ||
(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 | ||
| ||
(2) knowingly allows a claim in violation of | ||
| ||
(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 heading)
SUBDIVISION 20. FRAUDULENT TAMPERING
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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)
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)
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) (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)
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)
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)
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)
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)
(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)
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)
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)
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)
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)
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)
(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)
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)
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 | ||
| ||
(2) with the intent to execute such scheme or | ||
| ||
(A) Places in any post office or authorized | ||
| ||
(B) Deposits or causes to be deposited in this | ||
| ||
(C) Takes or receives from mail or from a private | ||
| ||
(D) Knowingly causes any such matter or thing to | ||
| ||
(b) Wire fraud. A person commits wire fraud when he or she:
(1) devises or intends to devise a scheme or artifice | ||
| ||
(2) for the purpose of executing the scheme or | ||
| ||
(A) from within this State;
or
(B) so that the transmission is received by a | ||
| ||
(C) so that the transmission may be accessed by a | ||
| ||
(c) Jurisdiction. (1) Mail fraud using a government or private carrier | ||
| ||
(2) Wire fraud occurs in the county from which a | ||
| ||
(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)
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)
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 | ||
| ||
(A) making a dividend except in the manner | ||
| ||
(B) dividing, withdrawing or in any manner paying | ||
| ||
(C) discounting or receiving any note or other | ||
| ||
(D) receiving or discounting any note or other | ||
| ||
(E) applying any portion of the funds of such | ||
| ||
(2) being a director or officer of a corporation, he | ||
| ||
(A) issues, participates in issuing, or concurs | ||
| ||
(B) sells, or agrees to sell, or is directly | ||
| ||
(C) executes a scheme or attempts to execute a | ||
| ||
(3) being a director or officer of a corporation, he | ||
| ||
(A) causes or attempts to cause a corporation or | ||
| ||
(B) causes or attempts to cause a corporation or | ||
| ||
(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)
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, | ||
| ||
(2) knowingly falsifies any writing or record | ||
| ||
(3) knowingly misrepresents or refuses to disclose to | ||
| ||
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) (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) (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) (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 | ||
| ||
(2) A violation of subsection (b) of this Section is | ||
| ||
(3) A violation of subsection (c) of this Section is | ||
| ||
(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 heading) SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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) 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 | ||
| ||
(2) A violation of subsection (b) of this Section is | ||
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(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) 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) 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) 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) Sec. 17-37. Use of credit or debit card with intent to defraud. (a) 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.
(b) Where an investigation into an intent to defraud under subsection (a) occurs, issuers shall consider a merchant's timely submission of compelling evidence under the applicable dispute management guidelines of the card association with whom the merchant maintains an agreement. A merchant shall comply with merchant responsibilities under any such agreement. (Source: P.A. 102-757, eff. 5-13-22.) |
(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) 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) 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) 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) 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) 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 | ||
| ||
(2) A general merchandise retail seller who permits a | ||
| ||
(3) A franchisee who furnishes the cardholder with an | ||
| ||
(4) A franchisor who permits a franchisee described | ||
| ||
(5) The credit card issuer or a financial institution | ||
| ||
(6) A person who processes, deposits, negotiates, or | ||
| ||
(7) A telecommunications carrier that includes | ||
| ||
(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)
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)
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) 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) 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) 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 heading) SUBDIVISION 30. COMPUTER FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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 | ||
| ||
(2) Obtains use of, damages, or destroys a computer | ||
| ||
(3) Accesses or causes to be accessed a computer or | ||
| ||
(b) Sentence. (1) A violation of subdivision (a)(1) of this Section | ||
| ||
(2) A violation of subdivision (a)(2) of this Section | ||
| ||
(3) A violation of subdivision (a)(3) of this Section:
(i) is a Class 4 felony if the value of the | ||
| ||
(ii) is a Class 3 felony if the value of the | ||
| ||
(iii) is a Class 2 felony if the value of the | ||
| ||
(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) (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 | ||
| ||
(2) Accesses or causes to be accessed a computer or | ||
| ||
(3) Accesses or causes to be accessed a computer or | ||
| ||
(4) Inserts or attempts to insert a program into a | ||
| ||
(A) damage or destroy that computer, or any other | ||
| ||
(B) alter, delete, or remove a computer program | ||
| ||
(C) cause loss to the users of that computer or | ||
| ||
(5) Falsifies or forges electronic mail transmission | ||
| ||
(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 | ||
| ||
(2) has only a limited commercially significant | ||
| ||
(3) is marketed by that person or another acting in | ||
| ||
(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 | ||
| ||
(2) the owner authorizes the public to access the | ||
| ||
(3) the person accesses the computer network in | ||
| ||
(b) Sentence.
(1) A person who commits computer tampering as set | ||
| ||
(2) A person who commits computer tampering as set | ||
| ||
(3) A person who commits computer tampering as set | ||
| ||
(4) If an injury arises from the transmission of | ||
| ||
(5) If an injury arises from the transmission of | ||
| ||
(6) The provisions of this Section shall not be | ||
| ||
(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) (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 | ||
| ||
(2) creates a strong probability of death or great | ||
| ||
(b) Sentence. (1) A person who commits aggravated computer | ||
| ||
(2) A person who commits aggravated computer | ||
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(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" has the meaning ascribed to the term in | ||
| ||
"Encryption" means the use of any protective or | ||
| ||
"Network" means a set of related, remotely connected | ||
| ||
"Program" means an ordered set of data representing | ||
| ||
"System" means a set of related equipment, whether or | ||
| ||
(b) A person shall not knowingly use or attempt to use encryption, directly or indirectly, to: (1) commit, facilitate, further, or promote any | ||
| ||
(2) aid, assist, or encourage another person to | ||
| ||
(3) conceal evidence of the commission of any | ||
| ||
(4) conceal or protect the identity of a person who | ||
| ||
(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. 101-87, eff. 1-1-20 .) |
(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) Sec. 17-55. Definitions. For the purposes of this subdivision 30: 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. 101-87, eff. 1-1-20 .) |
(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) (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: (1) by deception or intimidation obtains control over | ||
| ||
(2) illegally uses the assets or resources of an | ||
| ||
(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 70 years of age or older 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 | ||
| ||
(2) "Person with a disability" means a person who | ||
| ||
(3) "Intimidation" means the communication to an | ||
| ||
(4) "Deception" means, in addition to its meaning as | ||
| ||
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, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust. (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. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent. (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. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24 .) |
(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 | ||
| ||
(2) substitute or spike a sample or advertise a | ||
| ||
(3) adulterate synthetic or human substances with the | ||
| ||
(4) manufacture, sell, or possess adulterants that | ||
| ||
(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)
(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) (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) (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)
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) 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 .) |