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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.
() 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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| (2) a reencoder to place information encoded on the
| | magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
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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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720 ILCS 5/16-18
(720 ILCS 5/16-18)
Sec. 16-18. Tampering with communication services; theft of communication services. (a) Injury to wires or obtaining service with intent to defraud. A person commits injury to wires or obtaining service with intent to defraud when he or she knowingly: (1) displaces, removes, injures or destroys any | | telegraph or telephone line, wire, cable, pole or conduit, belonging to another, or the material or property appurtenant thereto; or
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| (2) cuts, breaks, taps, or makes any connection with
| | any telegraph or telephone line, wire, cable or instrument belonging to another; or
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| (3) reads, takes or copies any message, communication
| | or report intended for another passing over any such telegraph line, wire or cable in this State; or
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| (4) prevents, obstructs or delays by any means or
| | contrivance whatsoever, the sending, transmission, conveyance or delivery in this State of any message, communication or report by or through any telegraph or telephone line, wire or cable; or
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| (5) uses any apparatus to unlawfully do or cause to
| | be done any of the acts described in subdivisions (a)(1) through (a)(4) of this Section; or
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| (6) obtains, or attempts to obtain, any
| | telecommunications service with the intent to deprive any person of the lawful charge, in whole or in part, for any telecommunications service:
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| (A) by charging such service to an existing
| | telephone number without the authority of the subscriber thereto; or
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| (B) by charging such service to a nonexistent,
| | false, fictitious, or counterfeit telephone number or to a suspended, terminated, expired, canceled, or revoked telephone number; or
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| (C) by use of a code, prearranged scheme, or
| | other similar stratagem or device whereby said person, in effect, sends or receives information; or
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| (D) by publishing the number or code of an
| | existing, canceled, revoked or nonexistent telephone number, credit number or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices which may be used to avoid the payment of any lawful telephone toll charge; or
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| (E) by any other trick, stratagem, impersonation,
| | false pretense, false representation, false statement, contrivance, device, or means.
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| (b) Theft of communication services. A person commits theft of communication services when he or she knowingly:
(1) obtains or uses a communication service without
| | the authorization of, or compensation paid to, the communication service provider;
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| (2) possesses, uses, manufactures, assembles,
| | distributes, leases, transfers, or sells, or offers, promotes or advertises for sale, lease, use, or distribution, an unlawful communication device:
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| (A) for the commission of a theft of a
| | communication service or to receive, disrupt, transmit, decrypt, or acquire, or facilitate the receipt, disruption, transmission, decryption or acquisition, of any communication service without the express consent or express authorization of the communication service provider; or
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| (B) to conceal or to assist another to conceal
| | from any communication service provider or from any lawful authority the existence or place of origin or destination of any communication;
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| (3) modifies, alters, programs or reprograms a
| | communication device for the purposes described in subdivision (2)(A) or (2)(B);
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| (4) possesses, uses, manufactures, assembles, leases,
| | distributes, sells, or transfers, or offers, promotes or advertises for sale, use or distribution, any unlawful access device; or
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| (5) possesses, uses, prepares, distributes, gives or
| | otherwise transfers to another or offers, promotes, or advertises for sale, use or distribution, any:
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| (A) plans or instructions for making or
| | assembling an unlawful communication or access device, with the intent to use or employ the unlawful communication or access device, or to allow the same to be used or employed, for a purpose prohibited by this subsection (b), or knowing or having reason to know that the plans or instructions are intended to be used for manufacturing or assembling the unlawful communication or access device for a purpose prohibited by this subsection (b); or
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| (B) material, including hardware, cables, tools,
| | data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or assembly of an unlawful communication or access device for a purpose prohibited by this subsection (b).
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| (c) Sentence.
(1) A violation of subsection (a) is a Class A
| | misdemeanor; provided, however, that any of the following is a Class 4 felony:
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| (A) a second or subsequent conviction for a
| | violation of subsection (a); or
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| (B) an offense committed for remuneration; or
(C) an offense involving damage or destruction of
| | property in an amount in excess of $300 or defrauding of services in excess of $500.
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| (2) A violation of subsection (b) is a Class A
| | misdemeanor, except that:
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| (A) A violation of subsection (b) is a Class 4
| | (i) the violation of subsection (b) involves
| | at least 10, but not more than 50, unlawful communication or access devices; or
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| (ii) the defendant engages in conduct
| | identified in subdivision (b)(3) of this Section with the intention of substantially disrupting and impairing the ability of a communication service provider to deliver communication services to its lawful customers or subscribers; or
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| (iii) the defendant at the time of the
| | commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution; or
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| (iv) the defendant at the time of the
| | commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and uses any means of electronic communication as defined in Section 26.5-0.1 of this Code for fraud, theft, theft by deception, identity theft, or any other unlawful purpose; or
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| (v) the aggregate value of the service
| | obtained is $300 or more; or
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| (vi) the violation is for a wired
| | communication service or device and the defendant has been convicted previously for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
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| (B) A violation of subsection (b) is a Class 3
| | (i) the violation of subsection (b) involves
| | more than 50 unlawful communication or access devices; or
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| (ii) the defendant at the time of the
| | commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and has been convicted previously of an offense under subsection (b) committed by the defendant while serving as a pre-trial detainee in a penal institution or while serving a sentence at a penal institution; or
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| (iii) the defendant at the time of the
| | commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and has been convicted previously of an offense under subsection (b) committed by the defendant while serving as a pre-trial detainee in a penal institution or while serving a sentence at a penal institution and uses any means of electronic communication as defined in Section 26.5-0.1 of this Code for fraud, theft, theft by deception, identity theft, or any other unlawful purpose; or
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| (iv) the violation is for a wired
| | communication service or device and the defendant has been convicted previously on 2 or more occasions for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
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| (C) A violation of subsection (b) is a Class 2
| | felony if the violation is for a wireless communication service or device and the defendant has been convicted previously for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
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| (3) Restitution. The court shall, in addition to any
| | other sentence authorized by law, sentence a person convicted of violating subsection (b) to make restitution in the manner provided in Article 5 of Chapter V of the Unified Code of Corrections.
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| (d) Grading of offense based on prior convictions. For purposes of grading an offense based upon a prior conviction for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction under subdivisions (c)(2)(A)(i) and (c)(2)(B)(i) of this Section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
(e) Separate offenses. For purposes of all criminal penalties or fines established for violations of subsection (b), the prohibited activity established in subsection (b) as it applies to each unlawful communication or access device shall be deemed a separate offense.
(f) Forfeiture of unlawful communication or access devices. Upon conviction of a defendant under subsection (b), the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful communication or access devices in the defendant's possession or control which were involved in the violation for which the defendant was convicted.
(g) Venue. An offense under subsection (b) may be deemed to have been committed at either the place where the defendant manufactured or assembled an unlawful communication or access device, or assisted others in doing so, or the place where the unlawful communication or access device was sold or delivered to a purchaser or recipient. It is not a defense to a violation of subsection (b) that some of the acts constituting the offense occurred outside of the State of Illinois.
(h) Civil action. For purposes of subsection (b):
(1) Bringing a civil action. Any person aggrieved by
| | a violation may bring a civil action in any court of competent jurisdiction.
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| (2) Powers of the court. The court may:
(A) grant preliminary and final injunctions to
| | prevent or restrain violations without a showing by the plaintiff of special damages, irreparable harm or inadequacy of other legal remedies;
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| (B) at any time while an action is pending, order
| | the impounding, on such terms as it deems reasonable, of any unlawful communication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation;
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| (C) award damages as described in subdivision
| | (D) award punitive damages;
(E) in its discretion, award reasonable
| | attorney's fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and
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| (F) as part of a final judgment or decree finding
| | a violation, order the remedial modification or destruction of any unlawful communication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (h)(2)(B).
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| (3) Types of damages recoverable. Damages awarded by
| | a court under this Section shall be computed as either of the following:
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| (A) Upon his or her election of such damages at
| | any time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages; in determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his or her deductible expenses and the elements of profit attributable to factors other than the violation; or
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| (B) Upon election by the complaining party at any
| | time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of not less than $250 and not more than $10,000 for each unlawful communication or access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just. In any case, if the court finds that any of the violations were committed with the intent to obtain commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful communication or access device involved in the action.
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| (4) Separate violations. For purposes of all civil
| | remedies established for violations, the prohibited activity established in this Section applies to each unlawful communication or access device and shall be deemed a separate violation.
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(Source: P.A. 97-597, eff. 1-1-12; 97-1108, eff. 1-1-13.)
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720 ILCS 5/16-19
(720 ILCS 5/16-19)
Sec. 16-19. (Repealed).
(Source: P.A. 92-728, eff. 1-1-03. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-20
(720 ILCS 5/16-20)
Sec. 16-20. (Repealed).
(Source: P.A. 96-497, eff. 1-1-10. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-21
(720 ILCS 5/16-21)
Sec. 16-21. (Repealed).
(Source: P.A. 92-728, eff. 1-1-03. Repealed by P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-22 (720 ILCS 5/16-22) (This Section was renumbered as Section 17-11.5 by P.A. 96-1551.) Sec. 16-22. (Renumbered).
(Source: P.A. 94-707, eff. 6-1-06. Renumbered by P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/Art. 16, Subdiv. 10
(720 ILCS 5/Art. 16, Subdiv. 10 heading)
SUBDIVISION 10. RETAIL THEFT
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-25 (720 ILCS 5/16-25) Sec. 16-25. Retail theft. (a) A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or | | causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
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(2) Alters, transfers, or removes any label, price
| | tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
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(3) Transfers any merchandise displayed, held, stored
| | or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
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(4) Under-rings with the intention of depriving the
| | merchant of the full retail value of the merchandise; or
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(5) Removes a shopping cart from the premises of a
| | retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or
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(6) Represents to a merchant that he, she, or another
| | is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
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(7) Uses or possesses any theft detection shielding
| | device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise; or
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(8) Obtains or exerts unauthorized control over
| | property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.
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| (b) Theft by emergency exit. A person commits theft by emergency exit when he or she commits a retail theft as defined in subdivisions (a)(1) through (a)(8) of this Section and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.
(c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or
| | her belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
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(2) removes that merchandise beyond the last known
| | station for receiving payments for that merchandise in that retail mercantile establishment,
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| then the trier of fact may infer that the person possessed, carried
away or transferred such merchandise with the intention of retaining it
or with the intention of depriving the merchant permanently of the
possession, use or benefit of such merchandise without paying the full
retail value of such merchandise.
To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
(d) Venue. Multiple thefts committed by the same person as part of a continuing course of conduct in different jurisdictions that have been aggregated in one jurisdiction may be prosecuted in any jurisdiction in which one or more of the thefts occurred.
(e) For the purposes of this Section, "theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
(f) Sentence.
(1) A violation of any of subdivisions (a)(1) through
| | (a)(6) and (a)(8) of this Section, the full retail value of which does not exceed $300 for property other than motor fuel or $150 for motor fuel, is a Class A misdemeanor. A violation of subdivision (a)(7) of this Section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Theft by emergency exit of property, the full retail value of which does not exceed $300, is a Class 4 felony.
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(2) A person who has been convicted of retail theft
| | of property under any of subdivisions (a)(1) through (a)(6) and (a)(8) of this Section, the full retail value of which does not exceed $300 for property other than motor fuel or $150 for motor fuel, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery is guilty of a Class 4 felony. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $300, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery is guilty of a Class 3 felony.
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(3) Any retail theft of property under any of
| | subdivisions (a)(1) through (a)(6) and (a)(8) of this Section, the full retail value of which exceeds $300 for property other than motor fuel or $150 for motor fuel in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $300 in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 2 felony. When a charge of retail theft of property or theft by emergency exit of property, the full value of which exceeds $300, is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $300.
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(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-25.1 (720 ILCS 5/16-25.1) Sec. 16-25.1. Organized retail crime. (a) An individual is guilty of organized retail crime when that individual, in concert with another individual or any group of individuals, knowingly commits the act of retail theft from one or more retail mercantile establishments, and in the course of or in furtherance of such crime or flight therefrom: (1) knowingly commits assault as defined under | | Section 12-1 or battery as defined under Section 12-3(a)(2) on the premises of the retail mercantile establishment;
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| (2) knowingly commits a battery under Section
| | 12-3(a)(1) on the premises of the retail mercantile establishment; or
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| (3) intentionally destroys or damages the property of
| | the retail mercantile establishment.
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| (b) An individual is guilty of being a manager of the organized retail crime when that individual knowingly recruits, organizes, supervises, finances, or otherwise manages or directs any other individual or individuals to:
(1) commit the act of retail theft from one or more
| | retail mercantile establishments, if the aggregate value of the merchandise exceeds $300, and the manager or the individual has the intent to resell the merchandise or otherwise have the merchandise reenter the stream of commerce;
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| (2) commit theft of merchandise, the aggregate retail
| | value of which exceeds $300, while the merchandise is in transit from the manufacturer to the retail mercantile establishment, and the manager or the individual has the intent to resell the merchandise;
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| (3) obtain control over property for sale or resale,
| | the aggregate retail value of which exceeds $300, knowing the property to have been stolen or under such circumstances as would reasonably induce the individual to believe that the property was stolen; or
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| (4) receive, possess, or purchase any merchandise or
| | stored value cards, the aggregate retail value of which exceeds $300, obtained from a fraudulent return with the knowledge that the property was obtained in violation of this Section or Section 16-25.
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| (c) If acts or omissions constituting any part of the commission of the charged offense under the Section occurred in more than one county, each county has concurrent venue. If the charged offenses under this Section occurred in more than one county, the counties may join the offenses in a single criminal pleading and have concurrent venue as to all charged offenses. When counties have concurrent venue, the first county in which a criminal complaint, information, or indictment is issued in the case becomes the county with exclusive venue. A violation of organized retail crime may be investigated, indicted, and prosecuted pursuant to the Statewide Grand Jury Act.
(d) Sentence. A violation of paragraph (1) or (3) of subsection (a) is a Class 3 felony. A violation of paragraph (2) of subsection (a) is a Class 2 felony. A violation of subsection (b) is a Class 2 felony.
(Source: P.A. 102-757, eff. 5-13-22.)
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720 ILCS 5/16-25.2 (720 ILCS 5/16-25.2) Sec. 16-25.2. Retail loss prevention report and notice requirements. (a) A retail mercantile establishment that is a victim of a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall have the right: (1) to timely notification of all court proceedings | | as defined under subsection (e) of Section 3 of the Rights of Crime Victims and Witnesses Act. Timely notice shall include 7 days' notice of any court proceedings. Timely notice shall be sent to the location of the retail mercantile establishment where the violation occurred and to the point of contact as provided by the retail mercantile establishment. The point of contact may be any employee of the retail mercantile establishment or representative as provided by the retail mercantile establishment;
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| (2) to communicate with the prosecution;
(3) to be reasonably heard at any post-arraignment
| | court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing;
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| (4) to be notified of the conviction, the sentence,
| | the imprisonment, and the release of the accused; and
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| (5) to have present at all court proceedings subject
| | to the rules of evidence an advocate of the retail mercantile establishment's choice.
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| (b) Unless a retail mercantile establishment refuses to file a report regarding the incident, the law enforcement agency having jurisdiction shall file a report concerning the incident with the State's Attorney. No law enforcement agent shall discourage or attempt to discourage a retail mercantile establishment from filing a police report concerning the incident. Upon the request of the retail mercantile establishment, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the incident, as soon as practicable, but in no event later than 5 business days after the request. The Illinois Law Enforcement Training Standards Board shall not consider any allegation of a violation of this subsection that is contained in a complaint made under Section 1-35 of the Police and Community Relations Improvement Act.
(Source: P.A. 102-757, eff. 5-13-22.)
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720 ILCS 5/16-26 (720 ILCS 5/16-26) Sec. 16-26. Detention; affirmative defense. (a) Detention. Any merchant who has reasonable grounds to
believe that a person has committed retail theft may detain the person,
on or off the premises of a retail mercantile
establishment, in a reasonable manner and for a reasonable
length of time for all or any of the following purposes:
(1) To request identification;
(2) To verify such identification;
(3) To make reasonable inquiry as to whether such | | person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
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(4) To inform a peace officer of the detention of the
| | person and surrender that person to the custody of a peace officer;
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(5) In the case of a minor, to immediately make a
| | reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person.
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A merchant may make a detention as permitted in this Section off the premises of a
retail mercantile establishment only if such detention is pursuant to an
immediate pursuit
of such person.
A merchant shall be deemed to have reasonable grounds to make a
detention for the purposes of this Section if the merchant detains a person
because such person has in his or her possession either a theft detection
shielding device or a theft detection device remover.
(b) Affirmative defense. A detention as permitted in this Section
does not constitute an arrest or an unlawful restraint, as defined in Section
10-3 of this Code,
nor shall it render the merchant liable to the person so detained.
(c) For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-27 (720 ILCS 5/16-27) Sec. 16-27. Civil liability.
(a) A person who commits the offense of
retail theft as defined in subdivision (a)(1), (a)(2), (a)(3), or (a)(8) of Section 16-25 shall be civilly liable to the merchant of the merchandise in an amount
consisting of:
(i) actual damages equal to the full retail value of | |
(ii) an amount not less than $100 nor more than
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(iii) attorney's fees and court costs.
(b) If a minor commits the offense of retail theft, the parents or guardian
of the minor shall be civilly liable as provided in this Section; however, a guardian appointed pursuant to the Juvenile Court Act of 1987 shall
not be liable under this Section. Total recovery under this Section shall
not exceed the maximum recovery permitted under Section 5 of the Parental
Responsibility Law. For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
(c) A conviction or a plea of guilty to the offense of retail theft is
not a prerequisite to the bringing of a civil suit under this Section.
(d) Judgments arising under this Section may be assigned.
(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-28 (720 ILCS 5/16-28) Sec. 16-28. Delivery container theft.
(a) A person commits delivery container
theft when he or she knowingly does any of the following:
(1) Uses for any purpose, when not on the premises of | | the owner or an adjacent parking area, a delivery container of another person which is marked by a name or mark unless the use is authorized by the owner.
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(2) Sells, or offers for sale, a delivery container
| | of another person which is marked by a name or mark unless the sale is authorized by the owner.
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(3) Defaces, obliterates, destroys, covers up or
| | otherwise removes or conceals a name or mark on a delivery container of another person without the written consent of the owner.
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(4) Removes the delivery container of another person
| | from the premises, parking area or any other area under the control of any processor, distributor or retail establishment, or from any delivery vehicle, without the consent of the owner of the delivery container. If a person possesses any marked or named delivery container without the consent of the owner and while not on the premises, parking area or other area under control of a processor, distributor or retail establishment doing business with the owner, the trier of fact may infer that the person removed the delivery container in violation of this paragraph.
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(b) Any common carrier or private carrier for hire, except those engaged in
transporting bakery or dairy products to and from the places where they are
produced, that receives or transports any delivery container marked with a name or mark
without having in its possession a bill of lading or invoice
for that delivery container commits the offense of delivery container theft.
(c) Sentence. Delivery container theft is a
Class B misdemeanor. An offender may be sentenced to pay a fine of
$150 for the first offense and $500 for a second or subsequent offense.
(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/Art. 16, Subdiv. 15
(720 ILCS 5/Art. 16, Subdiv. 15 heading)
SUBDIVISION 15. IDENTITY THEFT
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-30 (720 ILCS 5/16-30) Sec. 16-30. Identity theft; aggravated identity theft.
(a) A person commits identity theft when he or
she
knowingly:
(1) uses any personal identifying information or | | personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property;
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(2) uses any personal identifying information or
| | personal identification document of another with intent to commit any felony not set forth in paragraph (1) of this subsection (a);
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(3) obtains, records, possesses, sells, transfers,
| | purchases, or manufactures any personal identifying information or personal identification document of another with intent to commit any felony;
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(4) uses, obtains, records, possesses, sells,
| | transfers, purchases, or manufactures any personal identifying information or personal identification document of another knowing that such personal identifying information or personal identification documents were stolen or produced without lawful authority;
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(5) uses, transfers, or possesses document-making
| | implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony;
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(6) uses any personal identifying information or
| | personal identification document of another to portray himself or herself as that person, or otherwise, for the purpose of gaining access to any personal identifying information or personal identification document of that person, without the prior express permission of that person;
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| (7) uses any personal identifying information or
| | personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person;
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| (7.5) uses, possesses, or transfers a radio
| | frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of State law or any violation of this Article; or
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| (8) in the course of applying for a building permit
| | with a unit of local government, provides the license number of a roofing or fire sprinkler contractor whom he or she does not intend to have perform the work on the roofing or fire sprinkler portion of the project; it is an affirmative defense to prosecution under this paragraph (8) that the building permit applicant promptly informed the unit of local government that issued the building permit of any change in the roofing or fire sprinkler contractor.
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| (b) Aggravated identity theft. A person commits aggravated identity theft when he or she commits identity theft as set forth in subsection (a) of this Section:
(1) against a person 60 years of age or older or a
| | person with a disability; or
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| (2) in furtherance of the activities of an organized
| | A defense to aggravated identity theft does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age. For the purposes of this subsection, "organized gang" has the meaning ascribed in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Knowledge shall be determined by an evaluation of all circumstances
surrounding the use of the other
person's identifying information or document.
(d) When a charge of identity theft or aggravated identity theft of credit, money, goods,
services, or other property
exceeding a specified value is brought, the value of the credit, money, goods,
services, or other property is
an element of the offense to be resolved by the trier of fact as either
exceeding or not exceeding the
specified value.
(e) Sentence.
(1) Identity theft.
(A) A person convicted of identity theft in
| | violation of paragraph (1) of subsection (a) shall be sentenced as follows:
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(i) Identity theft of credit, money, goods,
| | services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 3 felony. Identity theft of credit, money, goods, services, or other property not exceeding $300 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 3 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony. A person who has been convicted of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 2 felony.
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|
(ii) Identity theft of credit, money, goods,
| | services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony. Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 2 felony.
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(iii) Identity theft of credit, money, goods,
| | services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony. Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 1 felony.
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(iv) Identity theft of credit, money, goods,
| | services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony. Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class X felony.
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(v) Identity theft of credit, money, goods,
| | services, or other property exceeding $100,000 in value is a Class X felony.
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(B) A person convicted of any offense enumerated
| | in paragraphs (2) through (7.5) of subsection (a) is guilty of a Class 3 felony. A person convicted of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.
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(C) A person convicted of any offense enumerated
| | in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
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(D) A person who, within a 12-month period, is
| | found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony. A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
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(E) A person convicted of identity theft in
| | violation of paragraph (2) of subsection (a) who uses any personal identifying information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine is guilty of a Class 2 felony for a first offense and a Class 1 felony for a second or subsequent offense. A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identifying information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony for a first offense and a Class X felony for a second or subsequent offense.
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| (F) A person convicted of identity theft in
| | violation of paragraph (8) of subsection (a) of this Section is guilty of a Class 4 felony.
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| (2) Aggravated identity theft.
(A) Aggravated identity theft of credit, money,
| | goods, services, or other property not exceeding $300 in value is a Class 3 felony.
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| (B) Aggravated identity theft of credit, money,
| | goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony.
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| (C) Aggravated identity theft of credit, money,
| | goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony.
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| (D) Aggravated identity theft of credit, money,
| | goods, services, or other property exceeding $100,000 in value is a Class X felony.
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| (E) Aggravated identity theft for a violation of
| | any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section is a Class 2 felony.
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| (F) Aggravated identity theft when a person who,
| | within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section with identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is a Class 1 felony.
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| (G) A person who has been previously convicted of
| | aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.
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(Source: P.A. 101-324, eff. 1-1-20 .)
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720 ILCS 5/16-31 (720 ILCS 5/16-31) Sec. 16-31. Transmission of personal identifying information. (a) A person commits transmission of personal identifying information if he or she is not a party to a transaction that involves the use of a financial transaction device and knowingly: (i) secretly or surreptitiously photographs, or otherwise captures or records, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed or otherwise captured, recorded, distributed, disseminated, or transmitted, or (ii) distributes, disseminates, or transmits, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed, or otherwise captured, recorded, distributed, disseminated, or transmitted. (b) This Section does not: (1) prohibit the capture or transmission of personal | | identifying information in the ordinary and lawful course of business;
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| (2) apply to a peace officer of this State, or of the
| | federal government, or the officer's agent, while in the lawful performance of the officer's duties;
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| (3) prohibit a person from being charged with,
| | convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this Section.
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| (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/16-32 (720 ILCS 5/16-32) Sec. 16-32. Facilitating identity theft. (a) A person commits facilitating identity theft when he or she, in the course of his or her employment or official duties, has access to the personal information of another person in the possession of the State of Illinois, whether written, recorded, or on computer disk, and knowingly, with the intent of committing identity theft, aggravated identity theft, or any violation of the Illinois Financial Crime Law, disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to, without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed. (b) Sentence. Facilitating identity theft is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(c) For purposes of this Section, "personal information" has the meaning provided in the Personal Information Protection Act.
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-33 (720 ILCS 5/16-33) Sec. 16-33. Civil remedies. A person who is convicted of facilitating identity theft, identity theft, or aggravated identity theft is liable in a civil action to the person who
suffered
damages as a result of the violation. The person suffering damages may
recover court costs, attorney's
fees, lost wages, and actual damages. Where a person has been convicted of identity theft in violation of subdivision (a)(6) or subdivision (a)(7) of Section 16-30, in the absence of proof of actual damages, the person whose personal identification information or personal identification documents were used in the violation in question may recover damages of $2,000.
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-34 (720 ILCS 5/16-34) Sec. 16-34. Offender's interest in the property; consent. (a) It is no defense to a
charge of aggravated identity
theft or identity theft that the offender has an interest in the
credit, money, goods, services, or
other property.
(b) It is no defense to a charge of aggravated identity theft or identity theft that the offender received the consent of any person to access any personal identification information or personal identification document, other than the person described by the personal identification information or personal identification document used by the offender.
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-35 (720 ILCS 5/16-35) Sec. 16-35. Mandating law enforcement agencies to accept and provide
reports; judicial factual determination.
(a) A person who has learned or reasonably suspects that his or her
personal identifying information has been unlawfully used by another may
initiate a law enforcement investigation by contacting the local law
enforcement
agency that has jurisdiction over his or her actual residence, which shall take
a police report of the matter, provide the complainant with a copy of that
report, and begin an investigation of the facts, or, if the suspected crime was
committed in a different jurisdiction, refer the matter to the law enforcement
agency where the suspected crime was committed for an investigation of the
facts.
(b) A person who reasonably believes that he or she is the victim of
financial identity theft may petition a court, or upon application of the prosecuting attorney or on its own motion, the court may move for an expedited
judicial determination of his or her factual innocence, where the perpetrator
of
the financial identity theft was arrested for, cited for, or convicted of a
crime under the victim's identity, or where a criminal complaint has been filed
against the perpetrator in the victim's name, or where the victim's identity
has
been mistakenly associated with a criminal conviction. Any judicial
determination of factual innocence made pursuant to this subsection may be
heard and determined upon declarations, affidavits, police reports, or other
material, relevant, and reliable information submitted by the parties or
ordered
to be part of the record by the court. If the court determines that the
petition
or motion is meritorious and that there is no reasonable cause to believe that
the victim committed the offense for which the perpetrator of the identity
theft
was arrested, cited, convicted, or subject to a criminal complaint in the
victim's name, or that the victim's identity has been mistakenly associated
with
a record of criminal conviction, the court shall find the victim factually
innocent of that offense. If the victim is found factually innocent, the court
shall issue an order certifying this determination.
(c) After a court has issued a determination of factual innocence under
this Section, the court may order the name and associated personal identifying
information contained in the court records, files, and indexes accessible by
the
public sealed, deleted, or labeled to show that the data is impersonated and
does
not reflect the defendant's identity.
(d) A court that has issued a determination of factual innocence under
this Section may at any time vacate that determination if the petition, or any
information submitted in support of the petition, is found to contain any
material misrepresentation or fraud.
(e) Except for criminal and civil actions provided for by Sections 16-30 through 16-36, or for disciplinary or licensure-related proceedings involving the violation of Sections 16-30 through 16-36, no information acquired by, or as a result of, any violation of Section 16-30 shall be discoverable or admissible in any court or other proceeding, or otherwise subject to disclosure without the express permission of any person or persons identified in that information.
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-36 (720 ILCS 5/16-36) Sec. 16-36. Venue. In addition to any other venues provided for by statute or otherwise, venue for any criminal prosecution or civil recovery action under Sections 16-30 through 16-36 shall be proper in any county where the person described in the personal identification information or personal identification document in question resides or has his or her principal place of business. Where a criminal prosecution or civil recovery action under Sections 16-30 through 16-36 involves the personal identification information or personal identification documents of more than one person, venue shall be proper in any county where one or more of the persons described in the personal identification information or personal identification documents in question resides or has his or her principal place of business.
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-37 (720 ILCS 5/16-37) Sec. 16-37. Exemptions; relation to other laws. (a) Sections 16-30 through 16-36 do not: (1) prohibit the capture or transmission of personal | | identifying information in the ordinary and lawful course of business;
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| (2) apply to a peace officer of this State, or of the
| | federal government, or the officer's agent, while in the lawful performance of the officer's duties;
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| (3) prohibit a licensed private detective or licensed
| | private detective agency from representing himself, herself, or itself as another person, provided that he, she, or it may not portray himself, herself, or itself as the person whose information he, she, or it is seeking except as provided under Sections 16-30 through 16-36;
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| (4) apply to activities authorized under any other
| | (b) No criminal prosecution or civil action brought under Sections 16-30 through 16-36 shall prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate Sections 16-30 through 16-36.
(Source: P.A. 97-597, eff. 1-1-12.)
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720 ILCS 5/Art. 16, Subdiv. 20
(720 ILCS 5/Art. 16, Subdiv. 20 heading)
SUBDIVISION 20. MISCELLANEOUS THEFT-RELATED OFFENSES
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/16-40 (720 ILCS 5/16-40) Sec. 16-40. Internet offenses. (a) Online sale of stolen property. A person commits online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means. (b) Online theft by deception. A person commits online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder. (c) Electronic fencing. A person commits electronic fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this Section. (d) Sentence. A violation of this Section is a Class 4 felony if the full retail value of the stolen property or property obtained by deception does not exceed $300. A violation of this Section is a Class 2 felony if the full retail value of the stolen property or property obtained by deception exceeds $300.
(Source: P.A. 97-597, eff. 1-1-12.) |
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