(720 ILCS 5/17-1b)
Sec. 17-1b. State's Attorney's bad check diversion program.
(a) In this Section:
"Offender" means a person charged with, or for whom probable cause
exists to charge the person with, deceptive practices.
"Pretrial diversion" means the decision of a prosecutor to refer an
offender to a diversion program on condition that the criminal charges against
the offender will be dismissed after a specified period of time, or the case
will not be charged, if the offender successfully completes the program.
"Restitution" means all amounts payable to a victim of deceptive practices
under the bad check diversion program created under this Section, including
the amount of the check and any transaction fees payable to a victim as set
forth in subsection (g)
but does not include amounts
recoverable under Section 3-806 of the Uniform Commercial Code and subsection (E) of Section
17-1 of this Code.
(b) A State's Attorney may create within his or her office a bad check
diversion program for offenders who agree to voluntarily participate in the
program instead of undergoing prosecution. The program may be conducted by the
State's Attorney or by a private entity under contract with the State's
Attorney. If the State's Attorney contracts with a private entity to perform
any services in operating the program, the entity shall operate under the
supervision, direction, and control of the State's Attorney. Any private entity
providing services under this Section is not a "collection agency" as that
term is defined under the Collection Agency Act.
(c) If an offender is referred to the State's Attorney, the State's
Attorney may determine whether the offender is appropriate for acceptance in
the
program. The State's Attorney may consider, but shall not be limited to
consideration of, the
following factors:
(1) the amount of the check that was drawn or passed;
(2) prior referrals of the offender to the program;
(3) whether other charges of deceptive practices are |
| pending against the offender;
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(4) the evidence presented to the State's Attorney
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| regarding the facts and circumstances of the incident;
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(5) the offender's criminal history; and
(6) the reason the check was dishonored by the
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(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
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| successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney;
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(ii) make full restitution for the offense;
(iii) pay a per-check administrative fee as set forth
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(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
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| adequate general liability insurance of $1,000,000 per occurrence as well as adequate coverage for potential loss resulting from employee dishonesty. The State's Attorney may require a surety bond payable to the State's Attorney if in the State's Attorney's opinion it is determined that the private entity is not adequately insured or funded.
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(2) (A) Each private entity that has a contract with
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| the State's Attorney to conduct a bad check diversion program shall at all times maintain a separate bank account in which all moneys received from the offenders participating in the program shall be deposited, referred to as a "trust account", except that negotiable instruments received may be forwarded directly to a victim of the deceptive practice committed by the offender if that procedure is provided for by a writing executed by the victim. Moneys received shall be so deposited within 5 business days after posting to the private entity's books of account. There shall be sufficient funds in the trust account at all times to pay the victims the amount due them.
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(B) The trust account shall be established in a
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| financial institution which is federally or State insured or otherwise secured as defined by rule. If the account is interest bearing, the private entity shall pay to the victim interest earned on funds on deposit after the 60th day.
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(C) Each private entity shall keep on file the
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| name of the financial institution in which each trust account is maintained, the name of each trust account, and the names of the persons authorized to withdraw funds from each account. The private entity, within 30 days of the time of a change of depository or person authorized to make withdrawal, shall update its files to reflect that change. An examination and audit of a private entity's trust accounts may be made by the State's Attorney as the State's Attorney deems appropriate. A trust account financial report shall be submitted annually on forms acceptable to the State's Attorney.
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(3) The State's Attorney may cancel a contract
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| entered into with a private entity under this Section for any one or any combination of the following causes:
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(A) Conviction of the private entity or the
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| principals of the private entity of any crime under the laws of any U.S. jurisdiction which is a felony, a misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession.
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(B) A determination that the private entity has
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| engaged in conduct prohibited in item (4).
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(4) The State's Attorney may determine whether the
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| private entity has engaged in the following prohibited conduct:
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(A) Using or threatening to use force or violence
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| to cause physical harm to an offender, his or her family, or his or her property.
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(B) Threatening the seizure, attachment, or sale
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| of an offender's property where such action can only be taken pursuant to court order without disclosing that prior court proceedings are required.
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(C) Disclosing or threatening to disclose
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| information adversely affecting an offender's reputation for creditworthiness with knowledge the information is false.
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(D) Initiating or threatening to initiate
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| communication with an offender's employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by law or court order.
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(E) Communicating with the offender or any member
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| of the offender's family at such a time of day or night and with such frequency as to constitute harassment of the offender or any member of the offender's family. For purposes of this clause (E) the following conduct shall constitute harassment:
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(i) Communicating with the offender or any
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| member of his or her family at any unusual time or place or a time or place known or which should be known to be inconvenient to the offender. In the absence of knowledge of circumstances to the contrary, a private entity shall assume that the convenient time for communicating with a consumer is after 8 o'clock a.m. and before 9 o'clock p.m. local time at the offender's residence.
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(ii) The threat of publication or publication
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| of a list of offenders who allegedly refuse to pay restitution, except by the State's Attorney.
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(iii) The threat of advertisement or
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| advertisement for sale of any restitution to coerce payment of the restitution.
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(iv) Causing a telephone to ring or engaging
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| any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
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(v) Using profane, obscene or abusive
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| language in communicating with an offender, his or her family, or others.
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(vi) Disclosing or threatening to disclose
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| information relating to a offender's case to any other person except the victim and appropriate law enforcement personnel.
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(vii) Disclosing or threatening to disclose
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| information concerning the alleged criminal act which the private entity knows to be reasonably disputed by the offender without disclosing the fact that the offender disputes the accusation.
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(viii) Engaging in any conduct which the
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| State's Attorney finds was intended to cause and did cause mental or physical illness to the offender or his or her family.
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(ix) Attempting or threatening to enforce a
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| right or remedy with knowledge or reason to know that the right or remedy does not exist.
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(x) Except as authorized by the State's
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| Attorney, using any form of communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a governmental agency or official or by an attorney at law when it is not.
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(xi) Using any badge, uniform, or other
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| indicia of any governmental agency or official, except as authorized by law or by the State's Attorney.
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(xii) Except as authorized by the State's
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| Attorney, conducting business under any name or in any manner which suggests or implies that the private entity is bonded if such private entity is or is a branch of or is affiliated with any governmental agency or court if such private entity is not.
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(xiii) Misrepresenting the amount of the
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| restitution alleged to be owed.
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(xiv) Except as authorized by the State's
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| Attorney, representing that an existing restitution amount may be increased by the addition of attorney's fees, investigation fees, or any other fees or charges when those fees or charges may not legally be added to the existing restitution.
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(xv) Except as authorized by the State's
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| Attorney, representing that the private entity is an attorney at law or an agent for an attorney if the entity is not.
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(xvi) Collecting or attempting to collect any
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| interest or other charge or fee in excess of the actual restitution or claim unless the interest or other charge or fee is expressly authorized by the State's Attorney, who shall determine what constitutes a reasonable collection fee.
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(xvii) Communicating or threatening to
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| communicate with an offender when the private entity is informed in writing by an attorney that the attorney represents the offender concerning the claim, unless authorized by the attorney. If the attorney fails to respond within a reasonable period of time, the private entity may communicate with the offender. The private entity may communicate with the offender when the attorney gives his consent.
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(xviii) Engaging in dishonorable, unethical,
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| or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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(5) The State's Attorney shall audit the accounts of
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| the bad check diversion program after notice in writing to the private entity.
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(6) Any information obtained by a private entity that
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| has a contract with the State's Attorney to conduct a bad check diversion program is confidential information between the State's Attorney and the private entity and may not be sold or used for any other purpose but may be shared with other authorized law enforcement agencies as determined by the State's Attorney.
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(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 .)
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(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 |
| she knowingly and falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when he or she knowingly exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act.
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(2) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be a veteran in seeking employment or public office. In this paragraph, "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States.
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(2.1) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be:
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(A) an active-duty member of the Armed Services
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| or Reserve Forces of the United States or the National Guard or a veteran of the Armed Services or Reserve Forces of the United States or the National Guard; and
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(B) obtains money, property, or another tangible
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| benefit through that false representation.
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In this paragraph, "member of the Armed Services or
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| Reserve Forces of the United States" means a member of the United States Navy, Army, Air Force, Marine Corps, or Coast Guard; and "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States or the National Guard.
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(2.5) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be:
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(A) another actual person and does an act in such
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| assumed character with intent to intimidate, threaten, injure, defraud, or to obtain a benefit from another; or
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(B) a representative of an actual person or
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| organization and does an act in such false capacity with intent to obtain a benefit or to injure or defraud another.
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(3) No person shall knowingly use the words "Police",
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| "Police Department", "Patrolman", "Sergeant", "Lieutenant", "Peace Officer", "Sheriff's Police", "Sheriff", "Officer", "Law Enforcement", "Trooper", "Deputy", "Deputy Sheriff", "State Police", or any other words to the same effect (i) in the title of any organization, magazine, or other publication without the express approval of the named public safety personnel organization's governing board or (ii) in combination with the name of any state, state agency, public university, or unit of local government without the express written authorization of that state, state agency, public university, or unit of local government.
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(4) No person may knowingly claim or represent that
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| he or she is acting on behalf of any public safety personnel organization when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the chief of the police department, fire department, and the corporate or municipal authority thereof, or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity and specifies and states clearly and fully the purpose for which the proceeds of the solicitation, contribution, or sale will be used.
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(5) No person, when soliciting financial
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| contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police", or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel unless:
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(A) the person is actually representing or acting
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| on behalf of the nongovernmental organization;
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(B) the nongovernmental organization is
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| controlled by and governed by a membership of and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers; and
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(C) before commencing the solicitation or the
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| sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used, has been entered into.
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(6) No person, when soliciting financial
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| contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements, may knowingly claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes the term "fireman", "fire fighter", "paramedic", or any other word or words which would reasonably be understood to imply that the organization is composed of fire fighter or paramedic personnel unless:
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(A) the person is actually representing or acting
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| on behalf of the nongovernmental organization;
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(B) the nongovernmental organization is
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| controlled by and governed by a membership of and represents a group or association of active duty, retired, or injured fire fighters (for the purposes of this Section, "fire fighter" has the meaning ascribed to that term in Section 2 of the Illinois Fire Protection Training Act) or active duty, retired, or injured emergency medical technicians - ambulance, emergency medical technicians - intermediate, emergency medical technicians - paramedic, ambulance drivers, or other medical assistance or first aid personnel; and
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(C) before commencing the solicitation or the
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| sale or delivery or the offers to sell or deliver any merchandise, goods, services, memberships, or advertisements, the soliciting or selling person and the nongovernmental organization have entered into a written contract that specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.
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(7) No person may knowingly claim or represent that
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| he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.
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(8) No person, firm, copartnership, or corporation
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| (except corporations organized and doing business under the Pawners Societies Act) shall knowingly use a name that contains in it the words "Pawners' Society".
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(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
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| purposes of compensation or consideration. This paragraph (b)(1) does not apply to a person who unintentionally fails to pay attorney registration fees established by Supreme Court Rule.
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(2) A public officer or a public employee or an
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| official or employee of the federal government.
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(2.3) A public officer, a public employee, or an
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| official or employee of the federal government, and the false representation is made in furtherance of the commission of felony.
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(2.7) A public officer or a public employee, and the
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| false representation is for the purpose of effectuating identity theft as defined in Section 16-30 of this Code.
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(3) A peace officer.
(4) A peace officer while carrying a deadly weapon.
(5) A peace officer in attempting or committing a
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(6) A peace officer in attempting or committing a
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(7) The parent, legal guardian, or other relation of
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| a minor child to any public official, public employee, or elementary or secondary school employee or administrator.
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(7.5) The legal guardian, including any
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| representative of a State or public guardian, of a person with a disability appointed under Article XIa of the Probate Act of 1975.
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(8) A fire fighter.
(9) A fire fighter while carrying a deadly weapon.
(10) A fire fighter in attempting or committing a
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(11) An emergency management worker of any
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| jurisdiction in this State.
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(12) An emergency management worker of any
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| jurisdiction in this State in attempting or committing a felony. For the purposes of this subsection (b), "emergency management worker" has the meaning provided under Section 2-6.6 of this Code.
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(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,
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| badge, insignia, or facsimile thereof by which a public officer or public employee or official or employee of the federal government is lawfully distinguished; or
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(2) falsely expresses by word or action that he or
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| she is a public officer or public employee or official or employee of the federal government and is acting with approval or authority of a public agency or department.
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(c) Fraudulent advertisement of a corporate name.
(1) A company, association, or individual commits
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| fraudulent advertisement of a corporate name if he, she, or it, not being incorporated, puts forth a sign or advertisement and assumes, for the purpose of soliciting business, a corporate name.
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(2) Nothing contained in this subsection (c)
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| prohibits a corporation, company, association, or person from using a divisional designation or trade name in conjunction with its corporate name or assumed name under Section 4.05 of the Business Corporation Act of 1983 or, if it is a member of a partnership or joint venture, from doing partnership or joint venture business under the partnership or joint venture name. The name under which the joint venture or partnership does business may differ from the names of the members. Business may not be conducted or transacted under that joint venture or partnership name, however, unless all provisions of the Assumed Business Name Act have been complied with. Nothing in this subsection (c) permits a foreign corporation to do business in this State without complying with all Illinois laws regulating the doing of business by foreign corporations. No foreign corporation may conduct or transact business in this State as a member of a partnership or joint venture that violates any Illinois law regulating or pertaining to the doing of business by foreign corporations in Illinois.
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(3) The provisions of this subsection (c) do not
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| apply to limited partnerships formed under the Revised Uniform Limited Partnership Act or under the Uniform Limited Partnership Act (2001).
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(d) False law enforcement badges.
(1) A person commits false law enforcement badges if
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| he or she knowingly produces, sells, or distributes a law enforcement badge without the express written consent of the law enforcement agency represented on the badge or, in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency.
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(2) It is a defense to false law enforcement badges
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| that the law enforcement badge is used or is intended to be used exclusively: (i) as a memento or in a collection or exhibit; (ii) for decorative purposes; or (iii) for a dramatic presentation, such as a theatrical, film, or television production.
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(e) False medals.
(1) A person commits a false personation if he or she
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| knowingly and falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States Government, irrespective of branch of service: The Congressional Medal of Honor, The Distinguished Service Cross, The Navy Cross, The Air Force Cross, The Silver Star, The Bronze Star, or the Purple Heart.
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(2) It is a defense to a prosecution under paragraph
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| (e)(1) that the medal is used, or is intended to be used, exclusively:
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(A) for a dramatic presentation, such as a
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| theatrical, film, or television production, or a historical re-enactment; or
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(B) for a costume worn, or intended to be worn,
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| by a person under 18 years of age.
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(f) Sentence.
(1) A violation of paragraph (a)(8) is a petty
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| offense subject to a fine of not less than $5 nor more than $100, and the person, firm, copartnership, or corporation commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (c)(1) is a petty offense, and the company, association, or person commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (a)(2.1) or subsection (e) is a petty offense for which the offender shall be fined at least $100 and not more than $200.
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(2) A violation of paragraph (a)(1), (a)(3), or
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| (b)(7.5) is a Class C misdemeanor.
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(3) A violation of paragraph (a)(2), (a)(2.5),
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| (a)(7), (b)(2), or (b)(7) or subsection (d) is a Class A misdemeanor. A second or subsequent violation of subsection (d) is a Class 3 felony.
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(4) A violation of paragraph (a)(4), (a)(5), (a)(6),
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| (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a Class 4 felony.
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(5) A violation of paragraph (b)(4), (b)(9), or
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| (b)(12) is a Class 3 felony.
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(6) A violation of paragraph (b)(5) or (b)(10) is a
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(7) A violation of paragraph (b)(6) is a Class 1
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(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
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| she knowingly and falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when he or she knowingly exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act.
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(2) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be a veteran in seeking employment or public office. In this paragraph, "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States.
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(2.1) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be:
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(A) an active-duty member of the Armed Services
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| or Reserve Forces of the United States or the National Guard or a veteran of the Armed Services or Reserve Forces of the United States or the National Guard; and
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(B) obtains money, property, or another tangible
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| benefit through that false representation.
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In this paragraph, "member of the Armed Services or
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| Reserve Forces of the United States" means a member of the United States Navy, Army, Air Force, Space Force, Marine Corps, or Coast Guard; and "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States or the National Guard.
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(2.5) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be:
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(A) another actual person and does an act in such
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| assumed character with intent to intimidate, threaten, injure, defraud, or to obtain a benefit from another; or
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(B) a representative of an actual person or
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| organization and does an act in such false capacity with intent to obtain a benefit or to injure or defraud another.
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(3) No person shall knowingly use the words "Police",
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| "Police Department", "Patrolman", "Sergeant", "Lieutenant", "Peace Officer", "Sheriff's Police", "Sheriff", "Officer", "Law Enforcement", "Trooper", "Deputy", "Deputy Sheriff", "State Police", or any other words to the same effect (i) in the title of any organization, magazine, or other publication without the express approval of the named public safety personnel organization's governing board or (ii) in combination with the name of any state, state agency, public university, or unit of local government without the express written authorization of that state, state agency, public university, or unit of local government.
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(4) No person may knowingly claim or represent that
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| he or she is acting on behalf of any public safety personnel organization when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the chief of the police department, fire department, and the corporate or municipal authority thereof, or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity and specifies and states clearly and fully the purpose for which the proceeds of the solicitation, contribution, or sale will be used.
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(5) No person, when soliciting financial
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| contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police", or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel unless:
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(A) the person is actually representing or acting
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| on behalf of the nongovernmental organization;
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(B) the nongovernmental organization is
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| controlled by and governed by a membership of and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers; and
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(C) before commencing the solicitation or the
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| sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used, has been entered into.
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(6) No person, when soliciting financial
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| contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements, may knowingly claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes the term "fireman", "fire fighter", "paramedic", or any other word or words which would reasonably be understood to imply that the organization is composed of fire fighter or paramedic personnel unless:
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(A) the person is actually representing or acting
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| on behalf of the nongovernmental organization;
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(B) the nongovernmental organization is
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| controlled by and governed by a membership of and represents a group or association of active duty, retired, or injured fire fighters (for the purposes of this Section, "fire fighter" has the meaning ascribed to that term in Section 2 of the Illinois Fire Protection Training Act) or active duty, retired, or injured emergency medical technicians - ambulance, emergency medical technicians - intermediate, emergency medical technicians - paramedic, ambulance drivers, or other medical assistance or first aid personnel; and
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(C) before commencing the solicitation or the
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| sale or delivery or the offers to sell or deliver any merchandise, goods, services, memberships, or advertisements, the soliciting or selling person and the nongovernmental organization have entered into a written contract that specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.
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(7) No person may knowingly claim or represent that
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| he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.
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(8) No person, firm, copartnership, or corporation
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| (except corporations organized and doing business under the Pawners Societies Act) shall knowingly use a name that contains in it the words "Pawners' Society".
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(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
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| purposes of compensation or consideration. This paragraph (b)(1) does not apply to a person who unintentionally fails to pay attorney registration fees established by Supreme Court Rule.
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(2) A public officer or a public employee or an
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| official or employee of the federal government.
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(2.3) A public officer, a public employee, or an
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| official or employee of the federal government, and the false representation is made in furtherance of the commission of felony.
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(2.7) A public officer or a public employee, and the
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| false representation is for the purpose of effectuating identity theft as defined in Section 16-30 of this Code.
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(3) A peace officer.
(4) A peace officer while carrying a deadly weapon.
(5) A peace officer in attempting or committing a
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(6) A peace officer in attempting or committing a
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(7) The parent, legal guardian, or other relation of
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| a minor child to any public official, public employee, or elementary or secondary school employee or administrator.
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(7.5) The legal guardian, including any
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| representative of a State or public guardian, of a person with a disability appointed under Article XIa of the Probate Act of 1975.
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(8) A fire fighter.
(9) A fire fighter while carrying a deadly weapon.
(10) A fire fighter in attempting or committing a
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(11) An emergency management worker of any
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| jurisdiction in this State.
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(12) An emergency management worker of any
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| jurisdiction in this State in attempting or committing a felony. For the purposes of this subsection (b), "emergency management worker" has the meaning provided under Section 2-6.6 of this Code.
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(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,
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| badge, insignia, or facsimile thereof by which a public officer or public employee or official or employee of the federal government is lawfully distinguished; or
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(2) falsely expresses by word or action that he or
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| she is a public officer or public employee or official or employee of the federal government and is acting with approval or authority of a public agency or department.
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(c) Fraudulent advertisement of a corporate name.
(1) A company, association, or individual commits
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| fraudulent advertisement of a corporate name if he, she, or it, not being incorporated, puts forth a sign or advertisement and assumes, for the purpose of soliciting business, a corporate name.
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(2) Nothing contained in this subsection (c)
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| prohibits a corporation, company, association, or person from using a divisional designation or trade name in conjunction with its corporate name or assumed name under Section 4.05 of the Business Corporation Act of 1983 or, if it is a member of a partnership or joint venture, from doing partnership or joint venture business under the partnership or joint venture name. The name under which the joint venture or partnership does business may differ from the names of the members. Business may not be conducted or transacted under that joint venture or partnership name, however, unless all provisions of the Assumed Business Name Act have been complied with. Nothing in this subsection (c) permits a foreign corporation to do business in this State without complying with all Illinois laws regulating the doing of business by foreign corporations. No foreign corporation may conduct or transact business in this State as a member of a partnership or joint venture that violates any Illinois law regulating or pertaining to the doing of business by foreign corporations in Illinois.
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(3) The provisions of this subsection (c) do not
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| apply to limited partnerships formed under the Revised Uniform Limited Partnership Act or under the Uniform Limited Partnership Act (2001).
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(d) False law enforcement badges.
(1) A person commits false law enforcement badges if
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| he or she knowingly produces, sells, or distributes a law enforcement badge without the express written consent of the law enforcement agency represented on the badge or, in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency.
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|
(2) It is a defense to false law enforcement badges
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| that the law enforcement badge is used or is intended to be used exclusively: (i) as a memento or in a collection or exhibit; (ii) for decorative purposes; or (iii) for a dramatic presentation, such as a theatrical, film, or television production.
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(e) False medals.
(1) A person commits a false personation if he or she
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| knowingly and falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States Government, irrespective of branch of service: The Congressional Medal of Honor, The Distinguished Service Cross, The Navy Cross, The Air Force Cross, The Silver Star, The Bronze Star, or the Purple Heart.
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(2) It is a defense to a prosecution under paragraph
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| (e)(1) that the medal is used, or is intended to be used, exclusively:
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|
(A) for a dramatic presentation, such as a
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| theatrical, film, or television production, or a historical re-enactment; or
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|
(B) for a costume worn, or intended to be worn,
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| by a person under 18 years of age.
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|
(f) Sentence.
(1) A violation of paragraph (a)(8) is a petty
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| offense subject to a fine of not less than $5 nor more than $100, and the person, firm, copartnership, or corporation commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (c)(1) is a petty offense, and the company, association, or person commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (a)(2.1) or subsection (e) is a petty offense for which the offender shall be fined at least $100 and not more than $200.
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|
(2) A violation of paragraph (a)(1), (a)(3), or
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| (b)(7.5) is a Class C misdemeanor.
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|
(3) A violation of paragraph (a)(2), (a)(2.5),
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| (a)(7), (b)(2), or (b)(7) or subsection (d) is a Class A misdemeanor. A second or subsequent violation of subsection (d) is a Class 3 felony.
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|
(4) A violation of paragraph (a)(4), (a)(5), (a)(6),
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| (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a Class 4 felony.
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|
(5) A violation of paragraph (b)(4), (b)(9), or
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| (b)(12) is a Class 3 felony.
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|
(6) A violation of paragraph (b)(5) or (b)(10) is a
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|
(7) A violation of paragraph (b)(6) is a Class 1
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|
(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.)
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(720 ILCS 5/17-10.6) Sec. 17-10.6. Financial institution fraud. (a) Misappropriation of financial institution property. A person commits misappropriation of a financial institution's property whenever he or she knowingly obtains or exerts unauthorized control over any of the moneys, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution, or under the custody or care of any agent, officer, director, or employee of such financial institution. (b) Commercial bribery of a financial institution. (1) A person commits commercial bribery of a |
| financial institution when he or she knowingly confers or offers or agrees to confer any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with the intent to influence his or her conduct in relation to his or her employer's or principal's affairs.
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|
(2) An employee, agent, or fiduciary of a financial
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| institution commits commercial bribery of a financial institution when, without the consent of his or her employer or principal, he or she knowingly solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to his or her employer's or principal's affairs.
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|
(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,
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| assets, securities, or other property owned by or under the custody or control of a financial institution, by means of pretenses, representations, or promises he or she knows to be false.
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|
(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
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| crime when, with the intent that any violation of this Section be committed, he or she agrees with another person to the commission of that offense.
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|
(2) No person may be convicted of conspiracy to
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| commit a financial crime unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by that person or by a co-conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity.
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|
(3) It shall not be a defense to conspiracy to commit
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| a financial crime that the person or persons with whom the accused is alleged to have conspired:
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|
(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
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| subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or
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|
(3) if involving a financial institution, any other
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| felony offense under this Code.
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|
(i) Organizer of a continuing financial crimes enterprise.
(1) A person commits being an organizer of a
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| continuing financial crimes enterprise when he or she:
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|
(A) with the intent to commit any offense, agrees
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| with another person to the commission of any combination of the following offenses on 3 or more separate occasions within an 18-month period:
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|
(i) an offense under this Section;
(ii) a felony offense in violation of Section
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| 16A-3 or subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or
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|
(iii) if involving a financial institution,
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| any other felony offense under this Code; and
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|
(B) with respect to the other persons within the
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| conspiracy, occupies a position of organizer, supervisor, or financier or other position of management.
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|
(2) The person with whom the accused agreed to commit
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| the 3 or more offenses under this Section, or, if involving a financial institution, any other felony offenses under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses.
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|
(j) Sentence.
(1) Except as otherwise provided in this subsection,
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| a violation of this Section, the full value of which:
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|
(A) does not exceed $500, is a Class A
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|
(B) does not exceed $500, and the person has been
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| previously convicted of a financial crime or any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion, is guilty of a Class 4 felony;
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|
(C) exceeds $500 but does not exceed $10,000, is
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|
(D) exceeds $10,000 but does not exceed $100,000,
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|
(E) exceeds $100,000 but does not exceed
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| $500,000, is a Class 1 felony;
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|
(F) exceeds $500,000 but does not exceed
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| $1,000,000, is a Class 1 non-probationable felony; when a charge of financial crime, the full value of which exceeds $500,000 but does not exceed $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $500,000;
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|
(G) exceeds $1,000,000, is a Class X felony; when
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| a charge of financial crime, the full value of which exceeds $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $1,000,000.
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|
(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
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|
(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.)
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