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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012. 720 ILCS 5/15-9
(720 ILCS 5/15-9) (from Ch. 38, par. 15-9)
Sec. 15-9.
Value.
As used in this Part C, the "value" of property consisting of any
commercial instrument or any written instrument representing or embodying
rights concerning anything of value, labor, or services or otherwise of
value to the owner shall be:
(a) The "market value" of such instrument if such instrument is
negotiable and has a market value; and
(b) The "actual value" of such instrument if such instrument is not
negotiable or is otherwise without a market value. For the purpose of
establishing such "actual value", the interest of any owner or owners
entitled to part or all of the property represented by such instrument, by
reason of such instrument, may be shown, even if another "owner" may be
named in the complaint, information or indictment.
(Source: Laws 1967, p. 2849.)
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720 ILCS 5/15-10 (720 ILCS 5/15-10) Sec. 15-10. Governmental property. As used in this Part C, "governmental property" means funds or other property owned by the State, a unit of local government, or a school district.
(Source: P.A. 94-134, eff. 1-1-06.) |
720 ILCS 5/Art. 16
(720 ILCS 5/Art. 16 heading)
ARTICLE 16.
THEFT AND RELATED OFFENSES
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720 ILCS 5/Art. 16, Subdiv. 1
(720 ILCS 5/Art. 16, Subdiv. 1 heading)
SUBDIVISION 1. DEFINITIONS
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-0.1 (720 ILCS 5/16-0.1) Sec. 16-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated: "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer. "Coin-operated machine" includes any automatic vending machine or any part thereof, parking meter, coin telephone, coin-operated transit turnstile, transit fare box, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer. "Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet-based, data transmission, or wireless distribution network, system or facility; or any part, accessory, or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any communication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals, or services. "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of signs, signals, data, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones or a wire, wireless, radio, electromagnetic, photo-electronic or photo-optical system; and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet-based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies. "Communication service provider" means: (1) any person or entity providing any communication service, whether directly or indirectly, as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (2) any person or entity owning or operating any cable television, fiber optic, satellite, telephone, wireless, microwave, radio, data transmission or Internet-based distribution network, system or facility; and (3) any person or entity providing any communication service directly or indirectly by or through any such distribution system, network or facility. "Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers. "Continuing
course of conduct" means a series of acts, and the accompanying
mental state necessary for the crime in question, irrespective
of whether the series of acts are continuous or intermittent. "Delivery container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product. "Document-making implement" means any implement, impression, template, computer file, computer disc, electronic device, computer hardware, computer software, instrument, or device that is used to make a real or fictitious or fraudulent personal identification document. "Financial transaction device" means any of the following: (1) An electronic funds transfer card. (2) A credit card. (3) A debit card. (4) A point-of-sale card. (5) Any instrument, device, card, plate, code, | | account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or State identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:
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| (A) Obtaining money, cash refund or credit
| | account, credit, goods, services, or any other thing of value.
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| (B) Certifying or guaranteeing to a person or
| | business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.
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| (C) Providing the device holder access to a
| | deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.
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| "Full retail value" means the merchant's stated or advertised price of the merchandise. "Full
retail value" includes the aggregate value of property obtained
from retail thefts committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments in a single transaction or in separate
transactions over a period of one year.
"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
"Library card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on the borrowing by the library facility issuing such card.
"Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.
"Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.
"Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re-program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re-transmission.
"Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication or wireless device or to modify, alter, program or reprogram a communication or wireless device to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission or decryption of, a communication service without the express consent or express authorization of the communication service provider, or to knowingly assist others in those activities.
"Master sound recording" means the original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
"Merchandise" means any item of tangible personal property, including motor fuel.
"Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator. "Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.
"Motor fuel" means a liquid, regardless of its properties, used to propel a vehicle, including gasoline and diesel.
"Online" means the use of any electronic or wireless device to access the Internet.
"Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
"Person with a disability" means a person who
suffers from a physical or mental impairment resulting from
disease, injury, functional disorder or congenital condition that impairs the
individual's mental or physical ability to independently manage his or her
property or financial resources, or both.
"Personal identification document" means a birth certificate, a driver's license, a State identification card, a public, government, or private employment identification card, a social security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the State of Illinois, or any other state political subdivision of any state, or any other governmental or quasi-governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority.
"Personal identifying information" means any of the following information:
(1) A person's name.
(2) A person's address.
(3) A person's date of birth.
(4) A person's telephone number.
(5) A person's driver's license number or State of
| | Illinois identification card as assigned by the Secretary of State of the State of Illinois or a similar agency of another state.
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| (6) A person's social security number.
(7) A person's public, private, or government
| | employer, place of employment, or employment identification number.
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| (8) The maiden name of a person's mother.
(9) The number assigned to a person's depository
| | account, savings account, or brokerage account.
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| (10) The number assigned to a person's credit or
| | debit card, commonly known as a "Visa Card", "MasterCard", "American Express Card", "Discover Card", or other similar cards whether issued by a financial institution, corporation, or business entity.
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| (11) Personal identification numbers.
(12) Electronic identification numbers.
(13) Digital signals.
(14) User names, passwords, and any other word,
| | number, character or combination of the same usable in whole or part to access information relating to a specific individual, or to the actions taken, communications made or received, or other activities or transactions of a specific individual.
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| (15) Any other numbers or information which can be
| | used to access a person's financial resources, or to identify a specific individual, or the actions taken, communications made or received, or other activities or transactions of a specific individual.
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| "Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers; and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
"Public water, gas, or power supply, or other public services" mean any service subject to regulation by the Illinois Commerce Commission; any service furnished by a public utility that is owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State; any service furnished by any public utility that is owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act; or wireless service or other service regulated by the Federal Communications Commission.
"Publish" means to communicate or disseminate information to any one or more persons, either orally, in person, or by telephone, radio or television or in writing of any kind, including, without limitation, a letter or memorandum, circular or handbill, newspaper or magazine article or book.
"Radio frequency identification device" means any implement, computer file, computer disc, electronic device, computer hardware, computer software, or instrument that is used to activate, read, receive, or decode information stored on a RFID tag or transponder attached to a personal identification document.
"RFID tag or transponder" means a chip or device that contains personal identifying information from which the personal identifying information can be read or decoded by another device emitting a radio frequency that activates or powers a radio frequency emission response from the chip or transponder.
"Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
"Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.
"Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
"Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
"Sound or audio visual recording" means any sound or audio visual phonograph record, disc, pre-recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.
"Stored value card" means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods, services, or anything else of value. Stored value cards include, but are not limited to, cards issued for use as a stored value card or gift card, and an account identification number or symbol used to identify a stored value card. "Stored value card" does not include a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both. "Stored value card" shall only apply to Section 16-25.1 of this Act.
"Theft detection device remover" means any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise.
"Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
"Unidentified sound or audio visual recording" means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.
"Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software which is primarily possessed, used, designed, assembled, manufactured, sold, distributed or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions to protect any such communication, audio or video services, programs or transmissions from unauthorized access, acquisition, receipt, decryption, disclosure, communication, transmission or re-transmission.
"Unlawful communication device" means any electronic serial number, mobile identification number, personal identification number or any communication or wireless device that is capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider, or that has been altered, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or other equipment, to so acquire or facilitate the unauthorized acquisition of a communication service. "Unlawful communication device" also means:
(1) any phone altered to obtain service without the
| | express consent or express authorization of the communication service provider, tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, scanning receiver of wireless communication service or other instrument capable of disguising its identity or location or of gaining unauthorized access to a communications or wireless system operated by a communication service provider; and
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| (2) any communication or wireless device which is
| | capable of, or has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or devices, so as to be capable of, facilitating the disruption, acquisition, receipt, transmission or decryption of a communication service without the express consent or express authorization of the communication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to or acquisition of any communication service provided by any communication service provider.
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| "Vehicle" means a motor vehicle, motorcycle, or farm implement that is self-propelled and that uses motor fuel for propulsion.
"Wireless device" includes any type of instrument, device, machine, or
equipment that is capable of transmitting or receiving telephonic, electronic
or
radio communications, or any part of such instrument, device, machine, or
equipment, or any computer circuit, computer chip, electronic mechanism, or
other component that is capable of facilitating the transmission or reception
of telephonic, electronic, or radio communications.
(Source: P.A. 102-757, eff. 5-13-22.)
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720 ILCS 5/Art. 16, Subdiv. 5
(720 ILCS 5/Art. 16, Subdiv. 5 heading)
SUBDIVISION 5. GENERAL THEFT
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-1
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over | | property of the owner; or
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(2) Obtains by deception control over property of the
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(3) Obtains by threat control over property of the
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(4) Obtains control over stolen property knowing the
| | property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
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(5) Obtains or exerts control over property in the
| | custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
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(A) Intends to deprive the owner permanently of
| | the use or benefit of the property; or
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(B) Knowingly uses, conceals or abandons the
| | property in such manner as to deprive the owner permanently of such use or benefit; or
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(C) Uses, conceals, or abandons the property
| | knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
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(b) Sentence.
(1) Theft of property not from the person and not
| | exceeding $500 in value is a Class A misdemeanor.
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(1.1) Theft of property not from the person and not
| | exceeding $500 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
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(2) A person who has been convicted of theft of
| | property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 17-36 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.
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(3) (Blank).
(4) Theft of property from the person not exceeding
| | $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.
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(4.1) Theft of property from the person not exceeding
| | $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
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(5) Theft of property exceeding $10,000 and not
| | exceeding $100,000 in value is a Class 2 felony.
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(5.1) Theft of property exceeding $10,000 and not
| | exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
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(6) Theft of property exceeding $100,000 and not
| | exceeding $500,000 in value is a Class 1 felony.
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(6.1) Theft of property exceeding $100,000 in value
| | is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
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(6.2) Theft of property exceeding $500,000 and not
| | exceeding $1,000,000 in value is a Class 1 non-probationable felony.
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(6.3) Theft of property exceeding $1,000,000 in value
| | (7) Theft by deception, as described by paragraph (2)
| | of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older or a person with a disability is a Class 2 felony.
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(8) Theft by deception, as described by paragraph
| | (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500.
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| (9) Theft by deception, as described by paragraph
| | (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 2 felony if the rent payment or security deposit obtained exceeds $500 and does not exceed $10,000.
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| (10) Theft by deception, as described by paragraph
| | (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.
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| (11) Theft by deception, as described by paragraph
| | (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class X felony if the rent payment or security deposit obtained exceeds $100,000.
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| (c) When a charge of theft of property exceeding a specified value
is brought, the value of the property involved is an element of the offense
to be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(d) Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a
lessee of the personal property of another fails to return it to the
owner within 10 days after written demand from the owner for its
return or (2) if a lessee of the personal property of another fails to return
it to the owner within 24 hours after written demand from the owner for its
return and the lessee had presented identification to the owner that contained
a materially fictitious name, address, or telephone number. A notice in
writing, given after the expiration of the leasing agreement, addressed and
mailed, by registered mail, to the lessee at the address given by him and shown
on the leasing agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person obtains by deception control over property. The trier of fact may infer that a person
"knowingly obtains by deception control over property of the owner" when he or she
fails to return, within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a promise, oral or
in writing, to perform services for the owner for consideration of $3,000
or more, and the promisor knowingly without good cause failed to
substantially perform pursuant to the agreement after taking a down payment
of 10% or more of the agreed upon consideration.
This provision shall not apply where the owner initiated the suspension of
performance under the agreement, or where the promisor responds to the
notice within the 45-day notice period. A notice in writing, addressed and
mailed, by registered mail, to the promisor at the last known address of
the promisor, shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
| | that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.
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| (2) Where the property involved is that of the
| | offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.
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| (Source: P.A. 101-394, eff. 1-1-20 .)
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720 ILCS 5/16-1.1
(720 ILCS 5/16-1.1)
Sec. 16-1.1. (Repealed).
(Source: P.A. 95-857, eff. 1-1-09. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-1.2
(720 ILCS 5/16-1.2)
Sec. 16-1.2. (Repealed).
(Source: P.A. 84-992. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-1.3
(720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
(This Section was renumbered as Section 17-56 by P.A. 96-1551.) Sec. 16-1.3. (Renumbered).
(Source: P.A. 95-798, eff. 1-1-09. Renumbered by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/16-2
(720 ILCS 5/16-2) (from Ch. 38, par. 16-2)
Sec. 16-2. Theft of
lost or mislaid property.
A person commits theft of lost or mislaid property
when he or she obtains control over the property and:
(a) Knows or learns the identity of the owner or knows, or is aware of,
or learns of a reasonable method of identifying the owner, and
(b) Fails to take reasonable measures to restore the property to the
owner, and
(c) Intends to deprive the owner permanently of the use or benefit of
the property.
(d) Sentence.
Theft of lost or mislaid property where: (1) the value does not exceed $500 is a Class B | | (2) the value exceeds $500 but does not exceed
| | $10,000 is a Class A misdemeanor; and
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| (3) the value exceeds $10,000 is a Class 4 felony.
(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-3
(720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
Sec. 16-3. Theft of labor or services or use of property. (a) A person commits theft when he or she knowingly obtains the temporary use
of property, labor or services of another which are available only for hire,
by means of threat or deception or knowing that such use is without the
consent of the person providing the property, labor or services. For the purposes of this subsection, library material is available for hire.
(b) A person commits theft when after (1) renting or leasing a motor vehicle,
(2) obtaining a motor vehicle through a "driveaway" service mode of transportation, (3) renting or leasing equipment exceeding $500 in value including tools, construction or industry equipment, and such items as linens, tableware, tents, tables, chairs and other equipment specially rented for a party or special event,
or (4) renting or leasing any other type of personal property exceeding $500 in value,
under an agreement in writing which provides for the return of the vehicle, equipment,
or other personal property to a particular place at a particular time, he or she
without good cause knowingly fails to return the vehicle, equipment, or other personal
property to that place within the time specified, and is thereafter served
or sent a written demand mailed to the last known address, made by certified
mail return receipt requested, to return the vehicle, equipment, or other personal
property within 3 days from the mailing of the written demand, and who without
good cause knowingly fails to return
the vehicle, equipment, or any other personal property to any place of business of the
lessor within the return period. The trier of fact may infer evidence that the person is without good cause if the person signs the agreement with a name or address other than his or her own.
(c) A person commits theft when he or she borrows from a library facility library material
which has an aggregate value of $50 or more pursuant to an
agreement with or procedure established by the library
facility for the return of such library material, and knowingly without
good cause fails to return the library material so borrowed in accordance
with such agreement or procedure, and further knowingly without good cause
fails to return such library material within 30 days after receiving
written notice by certified mail from the library
facility demanding the return of such library material. (d) Sentence.
A person convicted of theft under subsection (a) is
guilty of a Class A misdemeanor, except that the theft of library material where the aggregate value exceeds $300 is a Class 3 felony. A person convicted of theft under subsection
(b) of this Section is guilty of a Class 4 felony. A person convicted of theft under subsection (c) is guilty of a petty offense for which the offender may be fined an amount not to exceed $500 and shall be ordered to reimburse the library for postage costs, attorney's fees, and actual replacement costs of the materials not returned, except that theft under subsection (c) where the aggregate value exceeds $300 is a Class 3 felony. In addition to any other penalty imposed, the court may order a person convicted under this Section to make restitution to the victim of the offense.
For the purpose of sentencing on theft of library material, separate transactions totalling more than $300 within a 90-day period shall constitute a single offense. (Source: P.A. 99-534, eff. 1-1-17 .)
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720 ILCS 5/16-3.1
(720 ILCS 5/16-3.1)
Sec. 16-3.1. (Repealed).
(Source: P.A. 83-1004. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-4
(720 ILCS 5/16-4)
Sec. 16-4. (Repealed).
(Source: Laws 1961, p. 1983. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-5
(720 ILCS 5/16-5) (from Ch. 38, par. 16-5)
Sec. 16-5. Theft from coin-operated machine.
(a) A person commits theft from a coin-operated machine when he or she
knowingly and without authority opens, breaks into, tampers with, triggers, or damages a coin-operated
machine either: (1) to operate or use the machine; or (2) with the intent to commit a theft from the | |
(b) Sentence.
(1) A violation of subdivision (a)(1) is a Class B
| | (2) A violation of subdivision (a)(2) is a Class A
| | (3) A person who has been convicted of theft from a
| | coin-operated machine in violation of subdivision (a)(2) and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion is guilty of a Class 4 felony.
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(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-6
(720 ILCS 5/16-6) (from Ch. 38, par. 16-6)
Sec. 16-6. Theft-related devices.
(a)(1) A person commits unlawful possession of a key or device for a coin-operated machine when he or she possesses a key,
drawing, print, mold of a key, device, or substance
designed to open, break into, tamper with, or damage a coin-operated
machine, with intent to
commit a theft from the machine. (2)
A person commits unlawful use of a key or device for a coin-operated machine when he or she
with the intent to commit a theft from a coin-operated machine uses a key, drawing, print, mold of a key, device, or substance and causes
damage or loss to the coin-operated machine of more than $300.
(b)(1) A person commits unlawful use of a theft detection shielding device when he or she knowingly manufactures, sells, offers for sale or distributes any theft detection shielding device. (2) A person commits unlawful possession of a theft detection shielding device when he or she knowingly possesses a theft detection shielding device with the intent to commit theft or retail theft. (3) A person commits unlawful possession of a theft detection device remover when he or she knowingly possesses a theft detection device remover with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise. (c) A person commits use of a scanning device or reencoder to defraud when the person knowingly uses: (1) a scanning device to access, read, obtain, | | memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or
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| | magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
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| (d) Sentence. A violation of subdivision (a)(1), (b)(1), (b)(2), or (b)(3) is a Class A misdemeanor. A second or subsequent violation of subdivision (b)(1), (b)(2), or (b)(3) is a Class 4 felony. A violation of subdivision (a)(2), (c)(1), or (c)(2) is a Class 4 felony. A second or subsequent violation of subdivision (c)(1) or (c)(2) is a Class 3 felony.
(e) The owner of a coin-operated machine may maintain a civil cause of
action against a person engaged in the activities covered in subdivisions (a)(1) and (a)(2) and
may recover treble actual damages, reasonable attorney's fees, and costs.
(f) As used in this Section, "substance" means a corrosive or acidic
liquid or solid but does not include items purchased through a coin-operated
machine at the location or acquired as condiments at the location of the
coin-operated machine.
(g) For the purposes of this Section, "theft detection shielding device" means any laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-7
(720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
Sec. 16-7. Unlawful use of recorded sounds or images.
(a) A person commits unlawful use of recorded sounds or images when he or she knowingly or recklessly:
(1) transfers or causes to be transferred without the | | consent of the owner, any sounds or images recorded on any sound or audio visual recording with the intent of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred;
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(2) sells, offers for sale, advertises for sale, uses
| | or causes to be used for profit any such article described in subdivision (a)(1) without consent of the owner;
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(3) offers or makes available for a fee, rental or
| | any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of subsection (b); or
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(4) transfers or causes to be transferred without the
| | consent of the owner, any live performance with the intent of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.
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(b) A person commits unlawful use of unidentified sound or audio visual recordings when he or she knowingly, recklessly, or negligently for profit manufacturers, sells, distributes, vends, circulates, performs, leases, possesses, or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, sale, distribution, vending, circulation, performance, lease, or other dealing in and with unidentified sound or audio visual recordings.
(c) For the purposes of this Section, "owner" means the person who owns the master sound recording on
which sound is recorded and from which the transferred recorded sounds are
directly or indirectly derived, or the person who owns the rights to record
or authorize the recording of a live performance.
For the purposes of this Section, "manufacturer" means the person who actually makes or causes to be made a sound or audio visual recording. "Manufacturer" does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
(d) Sentence. Unlawful use of recorded sounds or images or unidentified sound or audio visual recordings is a Class
4 felony; however:
(1) If the offense involves more than 100 but not
| | exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and
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(2) If the offense involves more than 1,000
| | unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.
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(e) Upon conviction of any violation of subsection (b), the offender shall be sentenced to make restitution to any owner or lawful producer of a master sound or audio visual recording, or to the trade association representing such owner or lawful producer, that has suffered injury resulting from the crime. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized sound or audio visual recordings corresponding to the non-conforming recorded devices involved in the offense, and shall include investigative costs relating to the offense.
(f) Subsection (a) of this Section shall neither enlarge nor diminish the rights
of parties in private litigation.
(g) Subsection (a) of this Section does not apply to any person engaged in the business
of radio or television broadcasting who transfers, or causes to be
transferred, any sounds (other than from the sound track of a
motion picture) solely for the purpose of broadcast transmission.
(h) Each individual manufacture, distribution or sale
or transfer for a consideration of such recorded devices in
contravention of subsection (a) of this Section constitutes
a separate violation of this Section. Each individual manufacture, sale, distribution, vending, circulation, performance, lease, possession, or other dealing in and with an unidentified sound or audio visual recording under subsection (b) of this Section constitutes a separate violation of this Section.
(i) Any sound or audio visual recordings containing transferred
sounds or a performance whose transfer was not authorized by the owner of
the master sound recording or performance, or any unidentified sound or audio visual recording used, in violation of this Section, or
in the attempt to commit such violation as defined in Section 8-4, or in a conspiracy to commit such violation as defined in Section 8-2, or in a
solicitation to commit such offense as defined in Section 8-1, may be
confiscated and destroyed upon conclusion of the case or cases to which
they are relevant, except that the court may enter an order preserving them
as evidence for use in other cases or pending the final determination of
an appeal.
(j) It is an affirmative defense to any charge of unlawful use of
recorded sounds or images that the recorded sounds or images so used are
public domain material. For purposes of this Section, recorded sounds are
deemed to be in the public domain if the recorded sounds were copyrighted
pursuant to the copyright laws of the United States, as the same may be
amended from time to time, and the term of the copyright and any extensions
or renewals thereof has expired.
(k) With respect to sound recordings (other than accompanying a motion picture or other audiovisual work), this Section applies only to sound recordings that were initially recorded before February 15, 1972.
(Source: P.A. 97-538, eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13.)
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720 ILCS 5/16-8
(720 ILCS 5/16-8)
Sec. 16-8. (Repealed).
(Source: P.A. 95-485, eff. 1-1-08. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-10
(720 ILCS 5/16-10) (from Ch. 38, par. 16-10)
Sec. 16-10.
(Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 92-728, eff. 1-1-03.)
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720 ILCS 5/16-11
(720 ILCS 5/16-11) (from Ch. 38, par. 16-11)
Sec. 16-11.
(Repealed).
(Source: P.A. 88-466. Repealed by P.A. 92-728, eff. 1-1-03.)
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720 ILCS 5/16-12
(720 ILCS 5/16-12) (from Ch. 38, par. 16-12)
Sec. 16-12.
(Repealed).
(Source: P.A. 88-466. Repealed by P.A. 92-728, eff. 1-1-03.)
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720 ILCS 5/16-13
(720 ILCS 5/16-13) (from Ch. 38, par. 16-13)
Sec. 16-13.
(Repealed).
(Source: P.A. 83-519. Repealed by P.A. 92-728, eff. 1-1-03.)
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720 ILCS 5/16-14
(720 ILCS 5/16-14) (from Ch. 38, par. 16-14)
Sec. 16-14. Theft of utility services. (a) A person commits theft of utility services when he or she
knowingly, without authority, diverts or interferes with any public water, gas, power
supply, or other public services or installs any device with the intent to divert or interfere with any public water, gas, power supply, or other public services without the authority of the owner or entity furnishing or transmitting such product or services.
(b) Sentence. (1) Except as provided in paragraph (3), a violation | | of this Section is a Class A misdemeanor unless the offense was committed for remuneration, in which case it is a Class 4 felony.
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(2) Except as provided in paragraph (3), a second or
| | subsequent violation of this Section is a Class 4 felony.
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| (3) If the offense causes disruption of the public
| | utility services or delay in the restoration of the public utility services to 10 or more customers or affects an area of more than one square mile, a violation of this Section is a Class 2 felony.
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(c) This Section does not apply to the theft of telecommunication services.
(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-15
(720 ILCS 5/16-15)
Sec. 16-15. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-16
(720 ILCS 5/16-16)
Sec. 16-16. (Repealed).
(Source: P.A. 97-347, eff. 1-1-12. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-16.1
(720 ILCS 5/16-16.1)
Sec. 16-16.1. (Repealed).
(Source: P.A. 97-347, eff. 1-1-12. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-17
(720 ILCS 5/16-17)
Sec. 16-17. Theft of advertising services.
(a) A person commits theft of advertising services when he or she knowingly attaches
or inserts an unauthorized
advertisement in a newspaper or periodical, and redistributes it to the
public or has the intent to redistribute
it to the public.
(b) This Section applies to any newspaper or periodical that is offered for
retail sale or is distributed without
charge.
(c) This Section does not apply if the publisher or authorized distributor
of
the newspaper or periodical
consents to the attachment or insertion of the advertisement.
(d) In this Section, "unauthorized advertisement" means any form of representation or communication, including any handbill, newsletter, pamphlet, or notice that contains any letters, words, or pictorial representation that is attached to or inserted in a newspaper or periodical without a contractual agreement between the publisher and an advertiser. (e) Sentence. Theft of advertising services is a Class A misdemeanor. (Source: P.A. 97-597, eff. 1-1-12.)
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