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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012. 720 ILCS 5/17-40 (720 ILCS 5/17-40) Sec. 17-40. Signing another's card with intent to defraud. A person other than the cardholder or a person authorized by him
or her who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person,
signs a credit card or debit card is guilty of a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/17-41 (720 ILCS 5/17-41) Sec. 17-41. Altered or counterfeited card. (a) A person commits an offense under this Section when he or she, with intent to defraud either a purported issuer, or a
person providing an item or items of
value, or any other person, commits an offense under this Section if he or she: (i) alters a credit card or debit card or a
purported credit card or debit
card, or possesses a credit card or debit card or a purported credit card or debit
card with knowledge
that the same has been altered; or (ii) counterfeits a purported credit card or debit
card, or possesses a purported credit card or debit card with knowledge
that the card has been counterfeited. (b) Sentence. A violation of item (i) of subsection (a) is a Class 4 felony.
A violation of item (ii) of subsection (a) is a Class 3 felony.
The trier of fact may infer that
possession of 2 or more credit cards or debit cards by a person other than the issuer
in violation of subsection (a) is evidence that the person intended to
defraud or that he or she knew the credit cards or debit cards to have been so altered or counterfeited.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/17-42 (720 ILCS 5/17-42) Sec. 17-42. Possession of incomplete card. A person other than the cardholder possessing an incomplete
credit card or debit card, with intent to complete it without the
consent of the issuer or a person possessing, with knowledge of its
character, machinery, plates, or any other contrivance designed to reproduce
instruments purporting to be credit cards or debit cards of an issuer
who has not consented to the preparation of such credit cards or debit
cards is guilty of a Class 3 felony.
The trier of fact may infer that a person other than the cardholder or issuer who
possesses 2 or more incomplete credit cards or debit cards possesses those cards without the consent of the issuer.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/17-43 (720 ILCS 5/17-43) Sec. 17-43. Prohibited deposits. (a) A person who, with intent to
defraud the issuer of a credit card or debit card or any person providing an item or items of value, or any other person,
deposits into his or her account or any account, via an electronic fund transfer
terminal, a check, draft, money order, or other such document, knowing
such document to be false, fictitious, forged, altered, counterfeit, or not
his or her lawful or legal property, is guilty of
a Class 4 felony. (b) A person who receives value as a result of a false, fictitious,
forged, altered, or counterfeit check, draft, money order, or other
such document having been deposited into an account via an electronic fund
transfer terminal, knowing at the time of receipt of the value that the
document so deposited was false, fictitious, forged, altered, counterfeit,
or not his or her lawful or legal property, is
guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/17-44 (720 ILCS 5/17-44) Sec. 17-44. Fraudulent use of electronic transmission. (a) A person
who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other
person, intercepts, taps, or alters electronic information between an
electronic fund transfer terminal and the issuer, or originates electronic
information to an electronic fund transfer terminal or to the issuer, via
any line, wire, or other means of electronic transmission, at any
junction, terminal, or device, or at any location within the EFT System,
with the intent to obtain value, is
guilty of a Class 4 felony. (b) Any person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or
any other person, intercepts, taps, or alters electronic information
between an electronic fund transfer terminal and the issuer, or originates
electronic information to an electronic fund transfer terminal or to the
issuer, via any line, wire, or other means of electronic transmission, at
any junction, terminal, or device, or at any location within the EFT System,
and thereby causes funds to be transferred from one account to any other
account, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/17-45 (720 ILCS 5/17-45) Sec. 17-45. Payment of charges without furnishing item of value. (a) No person shall process, deposit, negotiate, or obtain payment of a
credit card charge through a retail seller's account with a financial
institution or through a retail seller's agreement with a financial
institution, card issuer, or organization of financial institutions or card
issuers if that retail seller did not furnish or agree to furnish the
item or items of value that are the subject of the credit
card charge. (b) No retail seller shall permit any person to process, deposit,
negotiate, or obtain payment of a credit card charge through the retail
seller's account with a financial institution or the retail seller's
agreement with a financial institution, card issuer, or
organization of financial institutions or card issuers if that retail
seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge. (c) Subsections (a) and (b) do not apply to any of the following: (1) A person who furnishes goods or services on the | | business premises of a general merchandise retail seller and who processes, deposits, negotiates, or obtains payment of a credit card charge through that general merchandise retail seller's account or agreement.
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| (2) A general merchandise retail seller who permits a
| | person described in paragraph (1) to process, deposit, negotiate, or obtain payment of a credit card charge through that general merchandise retail seller's account or agreement.
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| (3) A franchisee who furnishes the cardholder with an
| | item or items of value that are provided in whole or in part by the franchisor and who processes, deposits, negotiates, or obtains payment of a credit card charge through that franchisor's account or agreement.
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| (4) A franchisor who permits a franchisee described
| | in paragraph (3) to process, deposit, negotiate, or obtain payment of a credit card charge through that franchisor's account or agreement.
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| (5) The credit card issuer or a financial institution
| | or a parent, subsidiary, or affiliate of the card issuer or a financial institution.
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| (6) A person who processes, deposits, negotiates, or
| | obtains payment of less than $500 of credit card charges in any one-year period through a retail seller's account or agreement. The person has the burden of producing evidence that the person transacted less than $500 in credit card charges during any one-year period.
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| (7) A telecommunications carrier that includes
| | charges of other parties in its billings to its subscribers and those other parties whose charges are included in the billings of the telecommunications carrier to its subscribers.
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| (d) A person injured by a violation of this Section may bring an
action for the recovery of damages, equitable relief, and reasonable
attorney's fees and costs.
(e) A person who violates this Section is guilty of a business offense
and shall be fined $10,000 for each offense.
Each occurrence in which a person processes, deposits, negotiates, or
otherwise seeks to obtain payment of a credit card charge in violation of
subsection (a) constitutes a separate offense.
(f) The penalties and remedies provided in this Section are in addition
to any other remedies or penalties provided by law.
(g) As used in this Section:
"Franchisor" and "franchisee" have the same meanings as in Section
3 of the Franchise Disclosure Act of 1987.
"Retail seller" has the same meaning as in Section 2.4 of the
Retail Installment Sales Act.
"Telecommunications carrier" has the same meaning as in Section
13-202 of the Public Utilities Act.
(Source: P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/17-46 (720 ILCS 5/17-46)
Sec. 17-46. Furnishing items of value with intent to defraud. A person who is authorized by an issuer to furnish money, goods,
property, services or anything else of value upon presentation of a credit
card or debit card by the cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer or the cardholder, furnishes
money, goods, property, services or anything else of value upon
presentation of a credit card or debit card obtained or retained in
violation of this Code or a credit card or debit card which
he knows is counterfeited, or forged, or expired, or revoked is guilty of a
Class A misdemeanor, if the value furnished in violation
of this Section does not exceed $150 in any 6-month period;
and is guilty of a Class 4 felony if such value exceeds $150
in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
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