(720 ILCS 5/Tit. III Pt. C heading) PART C.
OFFENSES DIRECTED AGAINST PROPERTY
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(720 ILCS 5/Art. 15 heading) ARTICLE 15.
DEFINITIONS
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(720 ILCS 5/15-1) (from Ch. 38, par. 15-1)
Sec. 15-1.
Property.
As used in this Part C, "property" means anything
of value. Property includes real estate, money, commercial instruments,
admission or transportation tickets, written instruments representing or
embodying rights concerning anything of value, labor, or services, or otherwise
of value to the owner; things growing on, affixed to, or found on land, or part
of or affixed to any building; electricity, gas and water; telecommunications
services; birds, animals and fish, which ordinarily are kept in a state of
confinement; food and drink; samples, cultures, microorganisms, specimens,
records, recordings, documents, blueprints, drawings, maps, and whole or
partial copies, descriptions, photographs, computer programs or data,
prototypes or models thereof, or any other articles, materials, devices,
substances and whole or partial copies, descriptions, photographs, prototypes,
or models thereof which constitute, represent, evidence, reflect or record a
secret scientific, technical, merchandising, production or management
information, design, process, procedure, formula, invention, or improvement.
(Source: P.A. 88-75.)
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(720 ILCS 5/15-2) (from Ch. 38, par. 15-2)
Sec. 15-2.
Owner.
As used in this Part C, "owner" means a person, other than the offender,
who has possession of or any other interest in the property involved, even
though such interest or possession is unlawful, and without whose consent
the offender has no authority to exert control over the property.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-3) (from Ch. 38, par. 15-3)
Sec. 15-3.
Permanent deprivation.
As used in this Part C, to "permanently deprive" means to:
(a) Defeat all recovery of the property by the owner; or
(b) Deprive the owner permanently of the beneficial use of the property;
or
(c) Retain the property with intent to restore it to the owner only if
the owner purchases or leases it back, or pays a reward or other
compensation for its return; or
(d) Sell, give, pledge, or otherwise transfer any interest in the
property or subject it to the claim of a person other than the owner.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-4) (from Ch. 38, par. 15-4)
Sec. 15-4.
Deception.
As used in this Part C "deception" means knowingly to:
(a) Create or confirm another's impression which is false and which the
offender does not believe to be true; or
(b) Fail to correct a false impression which the offender previously has
created or confirmed; or
(c) Prevent another from acquiring information pertinent to the
disposition of the property involved; or
(d) Sell or otherwise transfer or encumber property, failing to disclose
a lien, adverse claim, or other legal impediment to the enjoyment of the
property, whether such impediment is or is not valid, or is or is not a
matter of official record; or
(e) Promise performance which the offender does not intend to perform or
knows will not be performed. Failure to perform standing alone is not
evidence that the offender did not intend to perform.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-5) (from Ch. 38, par. 15-5)
Sec. 15-5.
Threat.
As used in this Part C, "threat" means a menace, however communicated,
to:
(a) Inflict physical harm on the person threatened or any other person
or on property; or
(b) Subject any person to physical confinement or restraint; or
(c) Commit any criminal offense; or
(d) Accuse any person of a criminal offense; or
(e) Expose any person to hatred, contempt or ridicule; or
(f) Harm the credit or business repute of any person; or
(g) Reveal any information sought to be concealed by the person
threatened; or
(h) Take action as an official against anyone or anything, or withhold
official action, or cause such action or withholding; or
(i) Bring about or continue a strike, boycott or other similar
collective action if the property is not demanded or received for the
benefit of the group which he purports to represent; or
(j) Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
(k) Inflict any other harm which would not benefit the offender.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-6) (from Ch. 38, par. 15-6)
Sec. 15-6.
Stolen
property.
As used in this Part C, "stolen property" means property over which
control has been obtained by theft.
(Source: Laws 1961, p. 1983 .)
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(720 ILCS 5/15-7) (from Ch. 38, par. 15-7)
Sec. 15-7.
Obtain.
As used in this Part C, "obtain" means:
(a) In relation to property, to bring about a transfer of interest or
possession, whether to the offender or to another, and
(b) In relation to labor or services, to secure the performance thereof.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-8) (from Ch. 38, par. 15-8)
Sec. 15-8.
Obtains
control.
As used in this Part C, the phrase "obtains or exerts control" over
property, includes but is not limited to the taking, carrying away, or the
sale, conveyance, or transfer of title to, or interest in, or possession of
property.
(Source: Laws 1961, p. 1983 .)
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(720 ILCS 5/15-9) (from Ch. 38, par. 15-9)
Sec. 15-9.
Value.
As used in this Part C, the "value" of property consisting of any
commercial instrument or any written instrument representing or embodying
rights concerning anything of value, labor, or services or otherwise of
value to the owner shall be:
(a) The "market value" of such instrument if such instrument is
negotiable and has a market value; and
(b) The "actual value" of such instrument if such instrument is not
negotiable or is otherwise without a market value. For the purpose of
establishing such "actual value", the interest of any owner or owners
entitled to part or all of the property represented by such instrument, by
reason of such instrument, may be shown, even if another "owner" may be
named in the complaint, information or indictment.
(Source: Laws 1967, p. 2849.)
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(720 ILCS 5/15-10) Sec. 15-10. Governmental property. As used in this Part C, "governmental property" means funds or other property owned by the State, a unit of local government, or a school district.
(Source: P.A. 94-134, eff. 1-1-06.) |
(720 ILCS 5/Art. 16 heading) ARTICLE 16.
THEFT AND RELATED OFFENSES
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(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) 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, | ||
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(A) Obtaining money, cash refund or credit | ||
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(B) Certifying or guaranteeing to a person or | ||
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(C) Providing the device holder access to a | ||
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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 | ||
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(6) A person's social security number. (7) A person's public, private, or government | ||
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(8) The maiden name of a person's mother. (9) The number assigned to a person's depository | ||
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(10) The number assigned to a person's credit or | ||
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(11) Personal identification numbers. (12) Electronic identification numbers. (13) Digital signals. (14) User names, passwords, and any other word, | ||
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(15) Any other numbers or information which can be | ||
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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 | ||
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(2) any communication or wireless device which is | ||
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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.) |
(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) (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 | ||
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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 | ||
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(5) Obtains or exerts control over property in the | ||
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(A) Intends to deprive the owner permanently of | ||
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(B) Knowingly uses, conceals or abandons the | ||
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(C) Uses, conceals, or abandons the property | ||
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(b) Sentence.
(1) Theft of property not from the person and not | ||
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(1.1) Theft of property not from the person and not | ||
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(2) A person who has been convicted of theft of | ||
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(3) (Blank).
(4) Theft of property from the person not exceeding | ||
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(4.1) Theft of property from the person not exceeding | ||
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(5) Theft of property exceeding $10,000 and not | ||
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(5.1) Theft of property exceeding $10,000 and not | ||
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(6) Theft of property exceeding $100,000 and not | ||
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(6.1) Theft of property exceeding $100,000 in value | ||
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(6.2) Theft of property exceeding $500,000 and not | ||
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(6.3) Theft of property exceeding $1,000,000 in value | ||
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(7) Theft by deception, as described by paragraph (2) | ||
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(8) Theft by deception, as described by paragraph | ||
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(9) Theft by deception, as described by paragraph | ||
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(10) Theft by deception, as described by paragraph | ||
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(11) Theft by deception, as described by paragraph | ||
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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 | ||
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(2) Where the property involved is that of the | ||
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(Source: P.A. 101-394, eff. 1-1-20 .) |
(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)
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) (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) (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 | ||
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(2) the value exceeds $500 but does not exceed | ||
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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) (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)
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)
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) (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 | ||
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(b) Sentence. (1) A violation of subdivision (a)(1) is a Class B | ||
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(2) A violation of subdivision (a)(2) is a Class A | ||
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(3) A person who has been convicted of theft from a | ||
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(Source: P.A. 97-597, eff. 1-1-12.)
|
(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, | ||
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(2) a reencoder to place information encoded on the | ||
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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) (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 | ||
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(2) sells, offers for sale, advertises for sale, uses | ||
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(3) offers or makes available for a fee, rental or | ||
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(4) transfers or causes to be transferred without the | ||
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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 | ||
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(2) If the offense involves more than 1,000 | ||
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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)
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) (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) (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) (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) (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.)
|
(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 | ||
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(2) Except as provided in paragraph (3), a second or | ||
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(3) If the offense causes disruption of the public | ||
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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)
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)
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)
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)
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)
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 | ||
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(2) cuts, breaks, taps, or makes any connection with | ||
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(3) reads, takes or copies any message, communication | ||
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(4) prevents, obstructs or delays by any means or | ||
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(5) uses any apparatus to unlawfully do or cause to | ||
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(6) obtains, or attempts to obtain, any | ||
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(A) by charging such service to an existing | ||
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(B) by charging such service to a nonexistent, | ||
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(C) by use of a code, prearranged scheme, or | ||
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(D) by publishing the number or code of an | ||
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(E) by any other trick, stratagem, impersonation, | ||
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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 | ||
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(2) possesses, uses, manufactures, assembles, | ||
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(A) for the commission of a theft of a | ||
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(B) to conceal or to assist another to conceal | ||
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(3) modifies, alters, programs or reprograms a | ||
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(4) possesses, uses, manufactures, assembles, leases, | ||
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(5) possesses, uses, prepares, distributes, gives or | ||
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(A) plans or instructions for making or | ||
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(B) material, including hardware, cables, tools, | ||
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(c) Sentence. (1) A violation of subsection (a) is a Class A | ||
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(A) a second or subsequent conviction for a | ||
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(B) an offense committed for remuneration; or (C) an offense involving damage or destruction of | ||
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(2) A violation of subsection (b) is a Class A | ||
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(A) A violation of subsection (b) is a Class 4 | ||
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(i) the violation of subsection (b) involves | ||
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(ii) the defendant engages in conduct | ||
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(iii) the defendant at the time of the | ||
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(iv) the defendant at the time of the | ||
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(v) the aggregate value of the service | ||
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(vi) the violation is for a wired | ||
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(B) A violation of subsection (b) is a Class 3 | ||
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(i) the violation of subsection (b) involves | ||
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(ii) the defendant at the time of the | ||
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(iii) the defendant at the time of the | ||
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(iv) the violation is for a wired | ||
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(C) A violation of subsection (b) is a Class 2 | ||
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(3) Restitution. The court shall, in addition to any | ||
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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 | ||
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(2) Powers of the court. The court may: (A) grant preliminary and final injunctions to | ||
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(B) at any time while an action is pending, order | ||
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(C) award damages as described in subdivision | ||
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(D) award punitive damages; (E) in its discretion, award reasonable | ||
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(F) as part of a final judgment or decree finding | ||
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(3) Types of damages recoverable. Damages awarded by | ||
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(A) Upon his or her election of such damages at | ||
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(B) Upon election by the complaining party at any | ||
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(4) Separate violations. For purposes of all civil | ||
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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)
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)
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)
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) (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 heading) SUBDIVISION 10. RETAIL THEFT
(Source: P.A. 97-597, eff. 1-1-12.) |
(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 | ||
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(2) Alters, transfers, or removes any label, price | ||
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(3) Transfers any merchandise displayed, held, stored | ||
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(4) Under-rings with the intention of depriving the | ||
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(5) Removes a shopping cart from the premises of a | ||
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(6) Represents to a merchant that he, she, or another | ||
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(7) Uses or possesses any theft detection shielding | ||
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(8) Obtains or exerts unauthorized control over | ||
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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 | ||
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(2) removes that merchandise beyond the last known | ||
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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 | ||
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(2) A person who has been convicted of retail theft | ||
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(3) Any retail theft of property under any of | ||
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(Source: P.A. 97-597, eff. 1-1-12.) |
(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 | ||
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(2) knowingly commits a battery under Section | ||
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(3) intentionally destroys or damages the property of | ||
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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 | ||
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(2) commit theft of merchandise, the aggregate retail | ||
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(3) obtain control over property for sale or resale, | ||
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(4) receive, possess, or purchase any merchandise or | ||
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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.) |
(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 | ||
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(2) to communicate with the prosecution; (3) to be reasonably heard at any post-arraignment | ||
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(4) to be notified of the conviction, the sentence, | ||
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(5) to have present at all court proceedings subject | ||
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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.) |
(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 | ||
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(4) To inform a peace officer of the detention of the | ||
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(5) In the case of a minor, to immediately make a | ||
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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.) |
(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 | ||
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(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.) |
(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 | ||
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(2) Sells, or offers for sale, a delivery container | ||
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(3) Defaces, obliterates, destroys, covers up or | ||
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(4) Removes the delivery container of another person | ||
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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.) |
(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) 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 | ||
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(2) uses any personal identifying information or | ||
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(3) obtains, records, possesses, sells, transfers, | ||
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(4) uses, obtains, records, possesses, sells, | ||
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(5) uses, transfers, or possesses document-making | ||
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(6) uses any personal identifying information or | ||
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(7) uses any personal identifying information or | ||
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(7.5) uses, possesses, or transfers a radio | ||
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(8) in the course of applying for a building permit | ||
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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 | ||
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(2) in furtherance of the activities of an organized | ||
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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 | ||
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(i) Identity theft of credit, money, goods, | ||
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(ii) Identity theft of credit, money, goods, | ||
| ||
(iii) Identity theft of credit, money, goods, | ||
| ||
(iv) Identity theft of credit, money, goods, | ||
| ||
(v) Identity theft of credit, money, goods, | ||
| ||
(B) A person convicted of any offense enumerated | ||
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(C) A person convicted of any offense enumerated | ||
| ||
(D) A person who, within a 12-month period, is | ||
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(E) A person convicted of identity theft in | ||
| ||
(F) A person convicted of identity theft in | ||
| ||
(2) Aggravated identity theft. (A) Aggravated identity theft of credit, money, | ||
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(B) Aggravated identity theft of credit, money, | ||
| ||
(C) Aggravated identity theft of credit, money, | ||
| ||
(D) Aggravated identity theft of credit, money, | ||
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(E) Aggravated identity theft for a violation of | ||
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(F) Aggravated identity theft when a person who, | ||
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(G) A person who has been previously convicted of | ||
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(Source: P.A. 101-324, eff. 1-1-20 .) |
(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 | ||
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(2) apply to a peace officer of this State, or of the | ||
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(3) prohibit a person from being charged with, | ||
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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.) |
(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) 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) 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) 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) 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) 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 | ||
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(2) apply to a peace officer of this State, or of the | ||
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(3) prohibit a licensed private detective or licensed | ||
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(4) apply to activities authorized under any other | ||
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(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.) |
(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) 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.) |
(720 ILCS 5/Art. 16A heading) ARTICLE 16A.
RETAIL THEFT
(Repealed) (Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16B heading) ARTICLE 16B.
PROTECTION OF LIBRARY MATERIALS
(Repealed) (Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16C heading)
ARTICLE 16C.
UNLAWFUL SALE OF HOUSEHOLD APPLIANCES
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)
|
(720 ILCS 5/Art. 16D heading)
ARTICLE 16D.
COMPUTER CRIME
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)
|
(720 ILCS 5/Art. 16E heading) ARTICLE 16E.
DELIVERY CONTAINER CRIME
(Repealed) (Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16F heading) ARTICLE 16F.
WIRELESS SERVICE THEFT
(Repealed) (Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16G heading) ARTICLE 16G.
IDENTITY THEFT LAW
(Repealed) (Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16H heading) ARTICLE 16H.
ILLINOIS FINANCIAL CRIME LAW
(Repealed) (Article repealed by P.A. 96-1551, eff. 7-1-11)
|
(720 ILCS 5/Art. 16J heading) ARTICLE 16J. ONLINE PROPERTY OFFENSES
(Repealed) (Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16K heading) ARTICLE 16K. THEFT OF MOTOR FUEL (Repealed) (Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 17 heading)
ARTICLE 17. DECEPTION AND FRAUD
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/Art. 17, Subdiv. 1 heading) SUBDIVISION 1. GENERAL DEFINITIONS
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-0.5) Sec. 17-0.5. Definitions. In this Article: "Altered credit card or debit card" means any instrument
or device, whether known as a credit card or debit card, which has been
changed in any
respect by addition or deletion of any material, except for the signature
by the person to whom the card is issued. "Cardholder" means the person or organization named on the
face of a credit card or debit card to whom or for whose benefit the
credit card or debit card is issued by an issuer. "Computer" means a device that accepts, processes, stores, retrieves,
or outputs data and includes, but is not limited to, auxiliary storage, including cloud-based networks of remote services hosted on the Internet, and
telecommunications devices connected to computers. "Computer network" means a set of related, remotely connected
devices and any communications facilities including more than one
computer with the capability to transmit data between them through the
communications facilities. "Computer program" or "program" means a series of coded instructions or
statements in a form acceptable to a computer which causes the computer to
process data and supply the results of the data processing. "Computer services" means computer time or services, including data
processing services, Internet services, electronic mail services, electronic
message services, or information or data stored in connection therewith. "Counterfeit" means to manufacture, produce or create, by any
means, a credit card or debit card without the purported issuer's
consent or authorization. "Credit card" means any instrument or device, whether known as a credit
card, credit plate, charge plate or any other name, issued with or without
fee by an issuer for the use of the cardholder in obtaining money, goods,
services or anything else of value on credit or in consideration or an
undertaking or guaranty by the issuer of the payment of a check drawn by
the cardholder. "Data" means a representation in any form of information, knowledge, facts, concepts,
or instructions, including program documentation, which is prepared or has been prepared in a
formalized manner and is stored or processed in or transmitted by a computer or in a system or network.
Data is considered property and may be in any form, including, but not
limited to, printouts, magnetic or optical storage media, punch cards, or
data stored internally in the memory of the computer. "Debit card" means any instrument or device, known by any
name, issued with or without fee by an issuer for the use of the cardholder
in obtaining money, goods, services, and anything else of value, payment of
which is made against funds previously deposited by the cardholder. A debit
card which also can be used to obtain money, goods, services and anything
else of value on credit shall not be considered a debit card when it is
being used to obtain money, goods, services or anything else of value on credit. "Document" includes, but is not limited to, any document, representation, or image produced manually, electronically, or by computer. "Electronic fund transfer terminal" means any machine or
device that, when properly activated, will perform any of the following services: (1) Dispense money as a debit to the cardholder's | ||
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(2) Print the cardholder's account balances on a | ||
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(3) Transfer funds between a cardholder's accounts; or (4) Accept payments on a cardholder's loan; or (5) Dispense cash advances on an open end credit or a | ||
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(6) Accept deposits to a customer's account; or (7) Receive inquiries of verification of checks and | ||
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(8) Cause money to be transferred electronically from | ||
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"Electronic funds transfer system", hereafter referred to as
"EFT System", means that system whereby funds are transferred
electronically from a cardholder's account to any other account. "Electronic mail service provider" means any person who (i) is an
intermediary in sending or receiving electronic mail and (ii) provides to
end-users of electronic mail services the ability to send or receive electronic
mail. "Expired credit card or debit card" means a credit card
or debit card which is no longer valid because the term on it has elapsed. "False academic degree" means a certificate, diploma, transcript, or other
document purporting to be issued by an institution of higher learning or
purporting to indicate that a person has completed an organized academic
program of study at an institution of higher learning when the person has not
completed the organized academic program of study indicated
on the certificate, diploma, transcript, or other document. "False claim" means any statement made to any insurer, purported
insurer, servicing corporation, insurance broker, or insurance agent, or any
agent or employee of one of those entities, and made as part of, or in support of, a
claim for
payment or other benefit under a policy of insurance, or as part of, or
in support of, an application for the issuance of, or the rating of, any
insurance policy, when the statement does any of the following: (1) Contains any false, incomplete, or misleading | ||
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(2) Conceals (i) the occurrence of an event that is | ||
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"Financial institution" means any bank, savings and loan association, credit union, or other depository of money or medium of savings and collective investment. "Governmental entity" means: each officer, board, commission, and
agency created by the Constitution, whether in the executive, legislative, or
judicial branch of State government; each officer, department, board,
commission, agency, institution, authority, university, and body politic and
corporate of the State; each administrative unit or corporate outgrowth of
State government that is created by or pursuant to
statute, including units of local government and their officers, school
districts, and boards of election commissioners; and each administrative unit
or corporate outgrowth of the foregoing items and as may be created by executive order of
the Governor. "Incomplete credit card or debit card" means a credit
card or debit card which is missing part of the matter other than the
signature of the cardholder which an issuer requires to appear on the
credit card or debit card before it can be used by a cardholder, and
this includes credit cards or debit cards which have not been stamped,
embossed, imprinted or written on. "Institution of higher learning" means a public or private college,
university, or community college located in the State of Illinois that is
authorized by the Board of Higher Education or the Illinois Community
College Board to issue post-secondary degrees, or a public or private college,
university, or community college located anywhere in the United States that is
or has been legally constituted to offer degrees and instruction in its state
of origin or incorporation. "Insurance company" means "company" as defined under Section 2 of the
Illinois Insurance Code. "Issuer" means the business organization or financial
institution which issues a credit card or debit card, or its duly authorized agent. "Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code. "Person" means any individual, corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or
association or any other entity. "Receives" or "receiving" means acquiring possession or control. "Record of charge form" means any document submitted or intended to be
submitted to an issuer as evidence of a credit transaction for which the
issuer has agreed to reimburse persons providing money, goods, property,
services or other things of value. "Revoked credit card or debit card" means a credit card
or debit card which is no longer valid because permission to use it has
been suspended or terminated by the issuer. "Sale" means any delivery for value. "Scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right to honest services. "Self-insured entity" means any person, business, partnership,
corporation, or organization that sets aside funds to meet his, her, or its
losses or to absorb fluctuations in the amount of loss, the losses being
charged against the funds set aside or accumulated. "Social networking website" means an Internet website containing profile web pages of the members of the website that include the names or nicknames of such members, photographs placed on the profile web pages by such members, or any other personal or personally identifying information about such members and links to other profile web pages on social networking websites of friends or associates of such members that can be accessed by other members or visitors to the website. A social networking website provides members of or visitors to such website the ability to leave messages or comments on the profile web page that are visible to all or some visitors to the profile web page and may also include a form of electronic mail for members of the social networking website. "Statement" means any assertion, oral, written, or otherwise, and
includes, but is not limited to: any notice, letter, or memorandum; proof of
loss; bill of lading; receipt for payment; invoice, account, or other financial
statement; estimate of property damage; bill for services; diagnosis or
prognosis;
prescription; hospital, medical, or dental chart or other record, x-ray,
photograph, videotape, or movie film; test result; other evidence of loss,
injury, or expense; computer-generated document; and data in any form. "Universal Price Code Label" means a unique symbol that consists of a machine-readable code and human-readable numbers. "With intent to defraud" means to act knowingly, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another or bringing some financial gain to oneself, regardless of whether any person was actually defrauded or deceived. This includes an intent to cause another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property.
(Source: P.A. 101-87, eff. 1-1-20 .) |
(720 ILCS 5/Art. 17, Subdiv. 5 heading) SUBDIVISION 5. DECEPTION
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-1) (from Ch. 38, par. 17-1) Sec. 17-1. Deceptive practices.
(A) General deception. A person commits a deceptive practice when,
with intent to defraud, the person does any of the following: (1) He or she knowingly causes another, by deception | ||
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(2) Being an officer, manager or other person | ||
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(3) He or she knowingly makes a false or deceptive | ||
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(B) Bad checks. A person commits a deceptive practice when: (1) With intent to obtain control over property or to | ||
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(2) He or she issues or delivers a check or other | ||
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(C) Bank-related fraud. (1) False statement. A person commits false statement bank fraud if he or she, with intent to defraud, makes or causes to be
made any false statement in writing in order to obtain an account with
a bank or other financial institution, or to obtain credit from a bank or
other financial institution, or to obtain services from a currency exchange, knowing such writing to be false, and with
the intent that it be relied upon. For purposes of this subsection (C), a false statement means any false
statement representing identity, address, or employment, or the identity,
address, or employment of any person, firm, or corporation. (2) Possession of stolen or fraudulently obtained checks. A person commits possession of stolen or fraudulently obtained checks when he or she possesses, with the intent to obtain access to
funds of another person held in a real or fictitious deposit account at a
financial institution, makes a false statement or a misrepresentation to the
financial institution, or possesses, transfers, negotiates, or presents for
payment a check, draft, or other item purported to direct the financial
institution to withdraw or pay funds out of the account holder's deposit
account with knowledge that such possession, transfer, negotiation, or
presentment is not authorized by the account holder or the issuing financial
institution. A person shall be deemed to have been
authorized to possess, transfer, negotiate, or present for payment such item
if the person was otherwise entitled by law to withdraw or recover funds
from the account in question and followed the requisite procedures under
the law. If the account holder, upon discovery of the
withdrawal or payment, claims that the withdrawal or payment was not
authorized, the financial institution may require the account holder to
submit an affidavit to that effect on a form satisfactory to the financial
institution before the financial institution may be required to credit the
account in an amount equal to the amount or amounts that were withdrawn
or paid without authorization. (3) Possession of implements of check fraud. A person commits possession of implements of check fraud when he or she possesses, with the intent to defraud and without the
authority of the account holder or financial institution, any check
imprinter, signature imprinter, or "certified" stamp. (D) Sentence. (1) The commission of a deceptive practice in | ||
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(2) For purposes of paragraphs (A)(1) and (B)(1): (a) The commission of a deceptive practice in | ||
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(b) The commission of a deceptive practice in | ||
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(3) For purposes of paragraph (C)(2), a person who, | ||
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(4) For purposes of paragraph (C)(3), a person who | ||
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(E) Civil liability. A person who issues a check or order to a payee in violation of paragraph (B)(1) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand both by certified mail and by first class mail to the person's last known address or attempted delivery of a written demand sent both by certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney's fees and court costs. An action under this subsection (E) may be brought in small claims court or in any other appropriate court. As part of the written demand required by this subsection (E), the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this subsection (E), the defendant may tender to the plaintiff and the plaintiff shall accept, as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, including the cost of service of process, and attorney's fees. (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
Sec. 17-1a.
(Repealed).
(Source: P.A. 90-721, eff. 1-1-99. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-1b)
Sec. 17-1b. State's Attorney's bad check diversion program.
(a) In this Section:
"Offender" means a person charged with, or for whom probable cause
exists to charge the person with, deceptive practices.
"Pretrial diversion" means the decision of a prosecutor to refer an
offender to a diversion program on condition that the criminal charges against
the offender will be dismissed after a specified period of time, or the case
will not be charged, if the offender successfully completes the program.
"Restitution" means all amounts payable to a victim of deceptive practices
under the bad check diversion program created under this Section, including
the amount of the check and any transaction fees payable to a victim as set
forth in subsection (g)
but does not include amounts
recoverable under Section 3-806 of the Uniform Commercial Code and subsection (E) of Section
17-1 of this Code.
(b) A State's Attorney may create within his or her office a bad check
diversion program for offenders who agree to voluntarily participate in the
program instead of undergoing prosecution. The program may be conducted by the
State's Attorney or by a private entity under contract with the State's
Attorney. If the State's Attorney contracts with a private entity to perform
any services in operating the program, the entity shall operate under the
supervision, direction, and control of the State's Attorney. Any private entity
providing services under this Section is not a "collection agency" as that
term is defined under the Collection Agency Act.
(c) If an offender is referred to the State's Attorney, the State's
Attorney may determine whether the offender is appropriate for acceptance in
the
program. The State's Attorney may consider, but shall not be limited to
consideration of, the
following factors:
(1) the amount of the check that was drawn or passed;
(2) prior referrals of the offender to the program;
(3) whether other charges of deceptive practices are | ||
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(4) the evidence presented to the State's Attorney | ||
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(5) the offender's criminal history; and
(6) the reason the check was dishonored by the | ||
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(d) The bad check diversion program may require an offender to do one or
more of the following:
(i) pay for, at his or her own expense, and | ||
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(ii) make full restitution for the offense;
(iii) pay a per-check administrative fee as set forth | ||
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(e) If an offender is diverted to the program, the State's Attorney shall
agree in writing not to prosecute the offender upon the offender's successful
completion of the program conditions. The State's Attorney's agreement to
divert the offender shall specify the
offenses that will not be prosecuted by identifying the checks involved in the
transactions.
(f) The State's Attorney, or private entity under contract with the
State's Attorney, may collect a fee from an offender diverted to the State's
Attorney's bad check diversion program. This fee may be deposited in a
bank account maintained by the State's Attorney for the purpose of
depositing fees and paying the expenses of the program or for use in the enforcement and prosecution of criminal laws. The State's
Attorney may require that the fee be paid directly to a private entity that
administers the program under a contract with the State's Attorney.
The amount of the administrative fees collected by the State's Attorney
under the program may not exceed $35 per check. The county board may,
however, by ordinance, increase the fees allowed by this Section if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of providing the
service.
(g) (1) The private entity shall be required to maintain | ||
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(2) (A) Each private entity that has a contract with | ||
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(B) The trust account shall be established in a | ||
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(C) Each private entity shall keep on file the | ||
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(3) The State's Attorney may cancel a contract | ||
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(A) Conviction of the private entity or the | ||
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(B) A determination that the private entity has | ||
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(4) The State's Attorney may determine whether the | ||
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(A) Using or threatening to use force or violence | ||
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(B) Threatening the seizure, attachment, or sale | ||
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(C) Disclosing or threatening to disclose | ||
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(D) Initiating or threatening to initiate | ||
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(E) Communicating with the offender or any member | ||
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(i) Communicating with the offender or any | ||
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(ii) The threat of publication or publication | ||
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(iii) The threat of advertisement or | ||
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(iv) Causing a telephone to ring or engaging | ||
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(v) Using profane, obscene or abusive | ||
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(vi) Disclosing or threatening to disclose | ||
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(vii) Disclosing or threatening to disclose | ||
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(viii) Engaging in any conduct which the | ||
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(ix) Attempting or threatening to enforce a | ||
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(x) Except as authorized by the State's | ||
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(xi) Using any badge, uniform, or other | ||
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(xii) Except as authorized by the State's | ||
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(xiii) Misrepresenting the amount of the | ||
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(xiv) Except as authorized by the State's | ||
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(xv) Except as authorized by the State's | ||
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(xvi) Collecting or attempting to collect any | ||
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(xvii) Communicating or threatening to | ||
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(xviii) Engaging in dishonorable, unethical, | ||
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(5) The State's Attorney shall audit the accounts of | ||
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(6) Any information obtained by a private entity that | ||
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(h) The State's Attorney, or private entity under contract with the
State's Attorney, shall recover, in addition to the face amount of the
dishonored check or draft, a transaction fee to defray the costs and expenses
incurred by a victim who received a dishonored check that was made or
delivered by the offender. The face amount of the dishonored check or draft and
the transaction fee shall be paid by the State's Attorney or private entity
under contract with the State's Attorney to the victim as
restitution for the offense. The amount of the transaction fee must not
exceed: $25 if the face amount of the check or draft does not exceed $100;
$30 if the face amount of the check or draft is greater than $100 but does not
exceed $250; $35 if the face amount of the check or draft is greater than
$250 but does not exceed $500; $40 if the face amount of the
check or draft is greater than $500 but does not exceed $1,000; and $50 if the
face amount of the check or draft is greater than $1,000.
(i) The offender, if aggrieved by an action of the private
entity contracted to operate a bad check diversion program, may submit a
grievance to
the State's Attorney who may then resolve the grievance. The private entity
must give notice to the offender that the grievance procedure is available. The
grievance procedure shall be established by the State's Attorney.
(Source: P.A. 95-41, eff. 1-1-08; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2) (Text of Section before amendment by P.A. 103-746 ) Sec. 17-2. False personation; solicitation. (a) False personation; solicitation. (1) A person commits a false personation when he or | ||
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(2) A person commits a false personation when he or | ||
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(2.1) A person commits a false personation when he or | ||
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(A) an active-duty member of the Armed Services | ||
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(B) obtains money, property, or another tangible | ||
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In this paragraph, "member of the Armed Services or | ||
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(2.5) A person commits a false personation when he or | ||
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(A) another actual person and does an act in such | ||
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(B) a representative of an actual person or | ||
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(3) No person shall knowingly use the words "Police", | ||
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(4) No person may knowingly claim or represent that | ||
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(5) No person, when soliciting financial | ||
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(A) the person is actually representing or acting | ||
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(B) the nongovernmental organization is | ||
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(C) before commencing the solicitation or the | ||
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(6) No person, when soliciting financial | ||
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(A) the person is actually representing or acting | ||
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(B) the nongovernmental organization is | ||
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(C) before commencing the solicitation or the | ||
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(7) No person may knowingly claim or represent that | ||
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(8) No person, firm, copartnership, or corporation | ||
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(b) False personation; public officials and employees. A person commits a false personation if he or she knowingly and falsely represents himself or herself to be any of the following: (1) An attorney authorized to practice law for | ||
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(2) A public officer or a public employee or an | ||
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(2.3) A public officer, a public employee, or an | ||
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(2.7) A public officer or a public employee, and the | ||
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(3) A peace officer. (4) A peace officer while carrying a deadly weapon. (5) A peace officer in attempting or committing a | ||
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(6) A peace officer in attempting or committing a | ||
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(7) The parent, legal guardian, or other relation of | ||
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(7.5) The legal guardian, including any | ||
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(8) A fire fighter. (9) A fire fighter while carrying a deadly weapon. (10) A fire fighter in attempting or committing a | ||
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(11) An emergency management worker of any | ||
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(12) An emergency management worker of any | ||
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(b-5) The trier of fact may infer that a person falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government if the person: (1) wears or displays without authority any uniform, | ||
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(2) falsely expresses by word or action that he or | ||
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(c) Fraudulent advertisement of a corporate name. (1) A company, association, or individual commits | ||
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(2) Nothing contained in this subsection (c) | ||
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(3) The provisions of this subsection (c) do not | ||
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(d) False law enforcement badges. (1) A person commits false law enforcement badges if | ||
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(2) It is a defense to false law enforcement badges | ||
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(e) False medals. (1) A person commits a false personation if he or she | ||
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(2) It is a defense to a prosecution under paragraph | ||
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(A) for a dramatic presentation, such as a | ||
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(B) for a costume worn, or intended to be worn, | ||
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(f) Sentence. (1) A violation of paragraph (a)(8) is a petty | ||
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(2) A violation of paragraph (a)(1), (a)(3), or | ||
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(3) A violation of paragraph (a)(2), (a)(2.5), | ||
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(4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||
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(5) A violation of paragraph (b)(4), (b)(9), or | ||
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(6) A violation of paragraph (b)(5) or (b)(10) is a | ||
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(7) A violation of paragraph (b)(6) is a Class 1 | ||
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(g) A violation of subsection (a)(1) through (a)(7) or subsection (e) of this Section may be accomplished in person or by any means of communication, including but not limited to the use of an Internet website or any form of electronic communication. (Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16; 100-201, eff. 8-18-17.) (Text of Section after amendment by P.A. 103-746 ) Sec. 17-2. False personation; solicitation. (a) False personation; solicitation. (1) A person commits a false personation when he or | ||
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(2) A person commits a false personation when he or | ||
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(2.1) A person commits a false personation when he or | ||
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(A) an active-duty member of the Armed Services | ||
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(B) obtains money, property, or another tangible | ||
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In this paragraph, "member of the Armed Services or | ||
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(2.5) A person commits a false personation when he or | ||
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(A) another actual person and does an act in such | ||
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(B) a representative of an actual person or | ||
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(3) No person shall knowingly use the words "Police", | ||
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(4) No person may knowingly claim or represent that | ||
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(5) No person, when soliciting financial | ||
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(A) the person is actually representing or acting | ||
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(B) the nongovernmental organization is | ||
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(C) before commencing the solicitation or the | ||
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(6) No person, when soliciting financial | ||
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(A) the person is actually representing or acting | ||
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(B) the nongovernmental organization is | ||
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(C) before commencing the solicitation or the | ||
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(7) No person may knowingly claim or represent that | ||
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(8) No person, firm, copartnership, or corporation | ||
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(b) False personation; public officials and employees. A person commits a false personation if he or she knowingly and falsely represents himself or herself to be any of the following: (1) An attorney authorized to practice law for | ||
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(2) A public officer or a public employee or an | ||
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(2.3) A public officer, a public employee, or an | ||
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(2.7) A public officer or a public employee, and the | ||
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(3) A peace officer. (4) A peace officer while carrying a deadly weapon. (5) A peace officer in attempting or committing a | ||
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(6) A peace officer in attempting or committing a | ||
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(7) The parent, legal guardian, or other relation of | ||
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(7.5) The legal guardian, including any | ||
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(8) A fire fighter. (9) A fire fighter while carrying a deadly weapon. (10) A fire fighter in attempting or committing a | ||
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(11) An emergency management worker of any | ||
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(12) An emergency management worker of any | ||
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(b-5) The trier of fact may infer that a person falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government if the person: (1) wears or displays without authority any uniform, | ||
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(2) falsely expresses by word or action that he or | ||
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(c) Fraudulent advertisement of a corporate name. (1) A company, association, or individual commits | ||
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(2) Nothing contained in this subsection (c) | ||
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(3) The provisions of this subsection (c) do not | ||
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(d) False law enforcement badges. (1) A person commits false law enforcement badges if | ||
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(2) It is a defense to false law enforcement badges | ||
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(e) False medals. (1) A person commits a false personation if he or she | ||
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(2) It is a defense to a prosecution under paragraph | ||
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(A) for a dramatic presentation, such as a | ||
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(B) for a costume worn, or intended to be worn, | ||
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(f) Sentence. (1) A violation of paragraph (a)(8) is a petty | ||
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(2) A violation of paragraph (a)(1), (a)(3), or | ||
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(3) A violation of paragraph (a)(2), (a)(2.5), | ||
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(4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||
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(5) A violation of paragraph (b)(4), (b)(9), or | ||
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(6) A violation of paragraph (b)(5) or (b)(10) is a | ||
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(7) A violation of paragraph (b)(6) is a Class 1 | ||
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(g) A violation of subsection (a)(1) through (a)(7) or subsection (e) of this Section may be accomplished in person or by any means of communication, including but not limited to the use of an Internet website or any form of electronic communication. (Source: P.A. 103-746, eff. 1-1-25.) |
(720 ILCS 5/17-2.5)
Sec. 17-2.5.
(Repealed).
(Source: P.A. 93-239, eff. 7-22-03. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
Sec. 17-3. Forgery.
(a) A person commits forgery when, with intent to defraud, he or she knowingly:
(1) makes a false document or alters any document to | ||
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(2) issues or delivers such document knowing it to | ||
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(3) possesses, with intent to issue or deliver, any | ||
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(4) unlawfully uses the digital signature, as defined | ||
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(5) unlawfully creates an electronic signature of | ||
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(b) (Blank).
(c) A document apparently capable of defrauding another includes, but is
not limited to, one by which any right, obligation or power with reference
to any person or property may be created, transferred, altered or
terminated. A document includes any record or electronic record as those
terms are defined in the Electronic Commerce Security Act. For purposes of this Section, a document also includes a Universal Price Code Label or coin.
(c-5) For purposes of this Section, "false document" or "document that is false" includes, but is not limited to, a document whose contents are false in some material way, or that purports to have been made by another or at another time, or with different provisions, or by authority of one who did not give such authority. (d) Sentence.
(1) Except as provided in paragraphs (2) and (3), | ||
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(2) Forgery is a Class 4 felony when only one | ||
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(3) Forgery is a Class A misdemeanor when an academic | ||
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(e) It is not a violation of this Section if a false academic degree explicitly states "for novelty purposes only". (Source: P.A. 102-38, eff. 6-25-21.)
|
(720 ILCS 5/17-3.5)
Sec. 17-3.5. Deceptive sale of gold or silver. (a) Whoever makes for sale, or sells, or offers to sell or dispose
of, or has in his or her possession with intent to sell or dispose of, any
article or articles construed in whole or in part, of gold or any alloy or
imitation thereof, having thereon or on any box, package, cover, wrapper or
other thing enclosing or encasing such article or articles for sale, any
stamp, brand, engraving, printed label, trade mark, imprint or other mark,
indicating or designed, or intended to indicate, that the gold, alloy or
imitation thereof, in such article or articles, is different from or better
than the actual kind and quality of such gold, alloy or imitation, shall be
guilty of a petty offense and shall be fined in any sum not less than $50
nor more than $100.
(b) Whoever makes for sale, sells or offers to sell or dispose of or
has in his or her possession, with intent to sell or dispose of, any
article or articles constructed in whole or in part of silver or any alloy
or imitation thereof, having thereon--or on any box, package, cover,
wrapper or other thing enclosing or encasing such article or articles for
sale--any stamp, brand, engraving, printed label, trademark, imprint or
other mark, containing the words "sterling" or "sterling silver,"
referring, or designed or intended to refer, to the silver, alloy or
imitation thereof in such article or articles, when such silver, alloy or
imitation thereof shall contain less than nine hundred and twenty-five
one-thousandths thereof of pure silver, shall be guilty of a petty offense
and shall be fined in any sum not less than $50 nor more than $100. (c) Whoever makes for sale, sells or offers to sell or dispose of or
has in his or her possession, with intent to sell or dispose of, any
article or articles constructed in whole or in part of silver or any alloy
or imitation thereof, having thereon--or on any box, package, cover,
wrapper or other thing enclosing or encasing such article or articles for
sale--any stamp, brand, engraving, printed label, trademark, imprint, or
other mark, containing the words "coin" or "coin silver," referring to or
designed or intended to refer to, the silver, alloy or imitation thereof,
in such article or articles, when such silver, alloy or imitation shall
contain less than nine-tenths thereof pure silver, shall be guilty of a
petty offense and shall be fined in any sum not less than $50 and not more
than $100.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-4) (from Ch. 38, par. 17-4)
Sec. 17-4.
(Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
Sec. 17-5. Deceptive collection practices.
A collection agency as defined in the Collection Agency Act or any
employee of such collection agency commits a deceptive collection practice
when, with the intent to collect a debt owed to an individual or a corporation or
other entity, he, she, or it does any of the following:
(a) Represents falsely that he or she is an attorney, | ||
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(b) While attempting to collect an alleged debt, | ||
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(c) While attempting to collect an alleged debt, adds | ||
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(d) Threatens to ruin, destroy, or otherwise | ||
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(e) Accepts from an alleged debtor a payment which | ||
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Sentence. The commission of a deceptive collection practice is a Business Offense
punishable by a fine not to exceed $3,000.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-5.5)
Sec. 17-5.5. Unlawful attempt to collect compensated debt against a crime
victim.
(a) A person or a vendor commits unlawful attempt to collect
a compensated debt against a crime victim when, with intent to collect funds
for a debt incurred by or on behalf of a crime victim, which debt has been
approved for payment by the Court of Claims under the Crime Victims
Compensation Act, but the funds are involuntarily
withheld from the person or vendor by the Comptroller by virtue of an
outstanding obligation owed by the person or vendor to the State under the
Uncollected State Claims Act, the person or vendor:
(1) communicates with, harasses, or intimidates the | ||
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(2) contacts or distributes information to affect the | ||
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(3) takes any other action adverse to the crime | ||
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(b) Sentence. Unlawful attempt to collect a compensated debt against a crime victim is
a Class A misdemeanor.
(c) Nothing in this Code prevents the attempt to collect an uncompensated
debt or an uncompensated portion of a compensated debt incurred by or on behalf
of a crime victim and not covered under the Crime Victims Compensation
Act.
(d) As used in this Section, "crime victim" means a victim of a violent
crime or applicant
as defined in the Crime Victims Compensation Act. "Compensated debt" means a debt incurred by or on behalf of a
crime victim and approved for payment by the Court of Claims under the Crime
Victims Compensation Act. (Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-5.7)
Sec. 17-5.7. Deceptive advertising. (a) Any person, firm, corporation or association or agent or employee
thereof, who, with intent to sell, purchase, or in any wise dispose of, or
to contract with reference to merchandise, securities, real estate,
service, employment, money, credit or anything offered by such person,
firm, corporation or association, or agent or employee thereof, directly or
indirectly, to the public for sale, purchase, loan, distribution, or the
hire of personal services, or with intent to increase the consumption of or
to contract with reference to any merchandise, real estate, securities,
money, credit, loan, service or employment, or to induce the public in any
manner to enter into any obligation relating thereto, or to acquire title
thereto, or an interest therein, or to make any loan, makes, publishes,
disseminates, circulates, or places before the public, or causes, directly
or indirectly, to be made, published, disseminated, circulated, or placed
before the public, in this State, in a newspaper, magazine, or other
publication, or in the form of a book, notice, handbill, poster, sign,
bill, circular, pamphlet, letter, placard, card, label, or over any radio
or television station, or in any other way similar or dissimilar to the
foregoing, an advertisement, announcement, or statement of any sort
regarding merchandise, securities, real estate, money, credit, service,
employment, or anything so offered for use, purchase, loan or sale, or the
interest, terms or conditions upon which such loan will be made to the
public, which advertisement contains any assertion, representation or
statement of fact which is untrue, misleading or deceptive, shall be guilty
of a Class A misdemeanor. (b) Any person, firm or corporation offering for sale merchandise,
commodities or service by making, publishing, disseminating, circulating or
placing before the public within this State in any manner an advertisement
of merchandise, commodities, or service, with the intent, design or purpose
not to sell the merchandise, commodities, or service so advertised at the
price stated therein, or otherwise communicated, or with intent not to sell
the merchandise, commodities, or service so advertised, may be enjoined
from such advertising upon application for injunctive relief by the
State's Attorney or Attorney General, and shall also be guilty of a Class A
misdemeanor. (c) Any person, firm or corporation who makes, publishes,
disseminates, circulates or places before the public, or causes, directly
or indirectly to be made, published, disseminated, circulated or placed
before the public, in this State, in a newspaper, magazine or other
publication published in this State, or in the form of a book, notice,
handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, or
label distributed in this State, or over any radio or television station
located in this State or in any other way in this State similar or
dissimilar to the foregoing, an advertisement, announcement, statement or
representation of any kind to the public relating to the sale, offering for
sale, purchase, use or lease of any real estate in a subdivision located
outside the State of Illinois may be enjoined from such activity upon
application for injunctive relief by the State's
Attorney or Attorney
General and shall also be guilty of a Class A misdemeanor unless such
advertisement, announcement, statement or representation contains or is
accompanied by a clear, concise statement of the proximity of such real
estate in common units of measurement to public schools, public highways,
fresh water supply, public sewers, electric power, stores and shops, and
telephone service or contains a statement that one or more of such
facilities are not readily available, and name those not available. (d) Subsections (a), (b), and (c) do not apply to any medium for the printing,
publishing, or disseminating of advertising, or any owner, agent or
employee thereof, nor to any advertising agency or owner, agent or employee
thereof, nor to any radio or television station, or owner, agent, or
employee thereof, for printing, publishing, or disseminating, or causing to
be printed, published, or disseminated, such advertisement in good faith
and without knowledge of the deceptive character thereof. (e) No person, firm or corporation owning or operating a service station
shall advertise or hold out or state to the public the per gallon price
of gasoline, upon any sign on the premises of such station, unless such
price includes all taxes, and unless the price, as so advertised, corresponds
with the price appearing on the pump from which such gasoline is dispensed.
Also, the identity of the product must be included with the price in any
such advertisement, holding out or statement to the public. Any person who violates this subsection (e) shall be guilty
of a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/Art. 17, Subdiv. 10 heading) SUBDIVISION 10. FRAUD ON A GOVERNMENTAL ENTITY
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
Sec. 17-6. State benefits fraud. (a) A person commits State benefits fraud when he or she obtains or attempts
to obtain money or benefits from the State of Illinois, from any political
subdivision thereof, or from any program funded or administered in whole
or in part by the State of Illinois or any political subdivision thereof
through the knowing use of false identification documents or through the
knowing misrepresentation of his or her age, place of residence, number of dependents,
marital or family status, employment status, financial status, or any other
material fact upon which his eligibility for or degree of participation
in any benefit program might be based.
(b) Notwithstanding any provision of State law to the contrary, every
application or other document submitted to an agency or department of the
State of Illinois or any political subdivision thereof to establish or determine
eligibility for money or benefits from the State of Illinois or from any
political subdivision thereof, or from any program funded or administered
in whole or in part by the State of Illinois or any political subdivision
thereof, shall be made available upon request to any law enforcement agency
for use in the investigation or prosecution of State benefits fraud or for
use in the investigation or prosecution of any other crime arising out of
the same transaction or occurrence. Except as otherwise permitted by law,
information disclosed pursuant to this subsection shall be used and disclosed
only for the purposes provided herein. The provisions of this Section shall
be operative only to the extent that they do not conflict with any federal
law or regulation governing federal grants to this State.
(c) Any employee of the State of Illinois or any agency or political subdivision
thereof may seize as evidence any false or fraudulent document presented
to him or her in connection with an application for or receipt of money or benefits
from the State of Illinois, from any political subdivision thereof, or from
any program funded or administered in whole or in part by the State of Illinois
or any political subdivision thereof.
(d) Sentence. (1) State benefits fraud is a Class 4 felony except when more than $300
is obtained, in which case State benefits fraud is a Class 3 felony. (2) If a person knowingly misrepresents oneself as a veteran or as a dependent of a veteran with the intent of obtaining benefits or privileges provided by the State or its political subdivisions to veterans or their dependents, then State benefits fraud is a Class 3 felony when $300 or less is obtained and a Class 2 felony when more than $300 is obtained. For the purposes of this paragraph (2), benefits and privileges include, but are not limited to, those benefits and privileges available under the Veterans' Employment Act, the Viet Nam Veterans Compensation Act, the Prisoner of War Bonus Act, the War Bonus Extension Act, the Military Veterans Assistance Act, the Veterans' Employment Representative Act, the Veterans Preference Act, Service Member Employment and Reemployment Rights Act, the Service Member's Tenure Act, the Housing for Veterans with Disabilities Act, the Under Age Veterans Benefits Act, the Survivors Compensation Act, the Children of Deceased Veterans Act, the Veterans Burial Places Act, the Higher Education Student Assistance Act, or any other loans, assistance in employment, monetary payments, or tax exemptions offered by the State or its political subdivisions for veterans or their dependents.
(Source: P.A. 99-143, eff. 7-27-15; 100-1101, eff. 1-1-19 .)
|
(720 ILCS 5/17-6.3)
Sec. 17-6.3. WIC fraud. (a) For the purposes of this Section, the Special
Supplemental Food Program for Women, Infants and Children administered by the Illinois Department of Public Health or Department of
Human Services shall be referred to as "WIC". (b) A person commits WIC fraud if he or she knowingly (i) uses, acquires,
possesses, or transfers WIC Food
Instruments or authorizations to participate in WIC in any manner not authorized by law or the rules of the Illinois
Department of Public Health or Department of Human Services or (ii) uses, acquires, possesses, or
transfers altered WIC Food Instruments
or authorizations to participate in WIC. (c) Administrative malfeasance. (1) A person commits administrative malfeasance if he | ||
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(2) An official or employee of the State or a unit of | ||
| ||
(d) Unauthorized possession of identification document. A
person commits unauthorized possession of an identification document if he or she knowingly possesses, with intent to commit a misdemeanor or felony, another person's identification
document issued by the Illinois Department of Public Health or Department of
Human Services. For purposes of this Section, "identification document"
includes, but is not limited to, an authorization to participate in WIC or a card or other document
that identifies a person as being entitled to WIC benefits. (e) Penalties. (1) If an individual, firm, corporation, association, | ||
| ||
(A) the total amount of money involved in the | ||
| ||
(B) the total amount of money involved in the | ||
| ||
(C) the total amount of money involved in the | ||
| ||
(D) the total amount of money involved in the | ||
| ||
(E) the total amount of money involved in the | ||
| ||
(2) A violation of subsection (d) is a Class 4 felony. (3) The State's Attorney of the county in which the | ||
| ||
(4) For purposes of determining the classification of | ||
| ||
(f) Seizure and forfeiture of property. (1) A person who commits a felony violation of this | ||
| ||
(2) Property subject to forfeiture under this | ||
| ||
(A) If the seizure is incident to inspection | ||
| ||
(B) If the property subject to seizure has been | ||
| ||
(C) If there is probable cause to believe that | ||
| ||
(D) If there is probable cause to believe that | ||
| ||
(E) In accordance with the Code of Criminal | ||
| ||
(g) Future participation as WIC vendor. A person
who has
been convicted of a felony violation of this Section is prohibited from
participating as a WIC vendor for a minimum period of 3 years following
conviction and until the total amount of money involved in the violation,
including the value of WIC Food Instruments and the value of commodities, is repaid to WIC.
This prohibition shall extend to any person with management responsibility in a
firm, corporation, association, agency, institution, or other legal entity that
has been convicted of a violation of this Section and to an officer or person
owning, directly or indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporate vendor.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/17-6.5)
Sec. 17-6.5. Persons under deportation order; ineligibility for benefits. (a) An individual against whom a United States Immigration Judge
has issued an order of deportation which has been affirmed by the Board of
Immigration Review, as well as an individual who appeals such an order
pending appeal, under paragraph 19 of Section 241(a) of the
Immigration and Nationality Act relating to persecution of others on
account of race, religion, national origin or political opinion under the
direction of or in association with the Nazi government of Germany or its
allies, shall be ineligible for the following benefits authorized by State law: (1) The homestead exemptions and homestead | ||
| ||
(2) Grants under the Senior Citizens and Persons with | ||
| ||
(3) The double income tax exemption conferred upon | ||
| ||
(4) Grants provided by the Department on Aging. (5) Reductions in vehicle registration fees under | ||
| ||
(6) Free fishing and reduced fishing license fees | ||
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(7) Tuition free courses for senior citizens under | ||
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(8) Any benefits under the Illinois Public Aid Code. (b) If a person has been found by a court to have knowingly
received benefits in violation of subsection (a) and: (1) the total monetary value of the benefits | ||
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(2) the total monetary value of the benefits | ||
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(3) the total monetary value of the benefits | ||
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(4) the total monetary value of the benefits | ||
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(5) the total monetary value of the benefits | ||
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(c) For purposes of determining the classification of an offense under
this Section, all of the monetary value of the benefits
received as a result of the unlawful act,
practice, or course of conduct may be accumulated. (d) Any grants awarded to persons described in subsection (a) may be recovered by the State of Illinois in a civil action commenced
by the Attorney General in the circuit court of Sangamon County or the
State's Attorney of the county of residence of the person described in
subsection (a). (e) An individual described in subsection (a) who has been
deported shall be restored to any benefits which that individual has been
denied under State law pursuant to subsection (a) if (i) the Attorney
General of the United States has issued an order cancelling deportation and
has adjusted the status of the individual to that of a person lawfully
admitted for permanent residence in the United States or (ii) the country
to which the individual has been deported adjudicates or exonerates the
individual in a judicial or administrative proceeding as not being guilty
of the persecution of others on account of race, religion, national origin,
or political opinion under the direction of or in association with the Nazi
government of Germany or its allies.
(Source: P.A. 102-1030, eff. 5-27-22.) |
(720 ILCS 5/17-7) (from Ch. 38, par. 17-7)
(This Section was renumbered as Section 17-60 by P.A. 96-1551.) Sec. 17-7.
(Renumbered).
(Source: P.A. 83-808. Renumbered by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-8) (from Ch. 38, par. 17-8)
Sec. 17-8.
(Repealed).
(Source: P.A. 84-418. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-8.3)
(was 720 ILCS 5/17-22)
Sec. 17-8.3.
False information on an application for employment with
certain public or private agencies; use of false academic degree.
(a) It is unlawful for an applicant for employment with a public or private
agency that provides State funded services to persons with mental illness or
developmental disabilities to knowingly furnish false information regarding
professional certification, licensing, criminal background, or employment
history for the 5 years immediately preceding the date of application
on an
application for
employment with the agency if the position of employment requires or provides
opportunity for contact with persons with mental illness or developmental
disabilities.
(b) It is unlawful for a person to knowingly use a false academic
degree for the purpose of obtaining employment or admission to an
institution of higher learning or admission to an advanced degree
program at an institution of higher learning or for the purpose of obtaining
a promotion or higher compensation in employment. (c) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-8.5) Sec. 17-8.5. Fraud on a governmental entity. (a) Fraud on a governmental entity. A person commits fraud on a governmental entity when he
or she
knowingly obtains, attempts to obtain, or causes to be
obtained, by deception, control over the property of
any governmental entity by the making of a
false claim of bodily injury or of damage to or loss or theft of property or
by causing a false claim of bodily injury or of damage to or loss or theft of
property to be made
against
the governmental entity, intending to deprive the governmental entity
permanently
of the use and benefit of that property. (b) Aggravated fraud on a governmental entity. A person commits aggravated fraud on a governmental entity when he or she commits fraud on a governmental entity 3 or more times
within an 18-month period arising out of separate incidents or transactions. (c) Conspiracy to commit fraud on a governmental entity. If aggravated fraud on a governmental entity forms the basis for a charge of conspiracy under Section 8-2 of this Code against a person, the person or persons with whom the accused is
alleged to have agreed to commit the 3 or more violations of this Section need
not be the same person or persons for each violation, as long as the accused
was a part of the common scheme or plan to engage in each of the 3 or more
alleged violations. (d) Organizer of an aggravated fraud on a governmental entity conspiracy. A person commits being an organizer of an aggravated
fraud on a governmental entity conspiracy if aggravated fraud on a governmental entity forms the basis for a charge of conspiracy under Section 8-2 of this Code and the person occupies a
position of organizer, supervisor, financer, or other position of management within the conspiracy. For the purposes of this Section, the
person or persons with whom the accused is alleged to have agreed to commit
the 3 or more violations of subdivision (a)(1) of Section 17-10.5 or subsection (a) of Section 17-8.5 of this Code need not be
the
same person or persons for each violation, as long as the accused occupied
a position of organizer, supervisor, financer, or other position of management
in each of the 3 or more alleged violations. Notwithstanding Section 8-5 of this Code, a person may be convicted and
sentenced both for the offense of being an organizer of an aggravated
fraud
conspiracy and for any other offense that is the object of the conspiracy. (e) Sentence. (1) A violation of subsection (a) in which the value | ||
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(2) A violation of subsection (a) in which the value | ||
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(3) A violation of subsection (a) in which the value | ||
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(4) A violation of subsection (a) in which the value | ||
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(5) A violation of subsection (b) is a Class 1 | ||
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(6) The offense of being an organizer of an | ||
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(7) Notwithstanding Section 8-5 of this Code, a | ||
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(f) Civil damages for fraud on a governmental entity. A
person who knowingly obtains, attempts to obtain, or causes to be obtained, by
deception, control over the property of a governmental entity by the making of
a
false claim of bodily injury or of damage to or loss or theft of property,
intending to deprive the governmental entity permanently of the use and benefit
of that property, shall be civilly liable to the governmental entity that paid
the claim or against whom the claim was made or to the subrogee of the
governmental entity in an amount equal to either 3 times the value of the
property wrongfully obtained or, if property was not wrongfully obtained, twice
the value of the property attempted to be obtained, whichever amount is
greater, plus reasonable attorney's fees. (g) Determination of property value. For the purposes of this Section, if the exact value of the property
attempted to be obtained is either not alleged by the claimant or not otherwise
specifically set, the value
of the
property shall be the fair market replacement value of the property claimed to
be lost, the reasonable costs of reimbursing a vendor or other claimant for
services to be rendered, or both. (h) Actions by State licensing agencies. (1) All State licensing agencies, the Illinois State | ||
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(2) If a person who is licensed or registered under | ||
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(3) Any agency that receives information under this | ||
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(i) Definitions. For the purposes of this Section, "obtain", "obtains control", "deception", "property", and "permanent deprivation" have the meanings ascribed to those terms in Article 15 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-9) (from Ch. 38, par. 17-9)
Sec. 17-9. Public aid wire and mail fraud. (a) Whoever knowingly (i) makes or
transmits any communication by means of telephone, wire, radio, or
television or (ii) places any communication with the United States Postal Service, or with any private or other mail, package, or delivery service or system, such communication being made, transmitted, placed, or received within
the State of Illinois, intending that such
communication be made, transmitted, or delivered in furtherance of any plan, scheme, or
design to obtain, unlawfully, any
benefit or payment under the Illinois Public Aid Code,
commits public aid wire and mail fraud.
(b) Whoever knowingly directs or causes any communication to be (i) made or
transmitted by means of telephone, wire, radio, or television or (ii) placed with the United States Postal Service, or with any private or other mail, package, or delivery service or system, intending
that such communication be made, transmitted, or delivered in furtherance of any plan,
scheme, or design to obtain, unlawfully, any benefit or payment under the
Illinois Public Aid
Code, commits public aid wire and mail fraud.
(c) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-10) (from Ch. 38, par. 17-10)
Sec. 17-10.
(Repealed).
(Source: P.A. 84-1438. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) Sec. 17-10.2. Businesses owned by minorities, females, and persons with disabilities; fraudulent contracts with governmental units. (a) In this Section: "Minority person" means a person who is any of the | ||
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(1) American Indian or Alaska Native (a person having | ||
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(2) Asian (a person having origins in any of the | ||
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(3) Black or African American (a person having | ||
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(4) Hispanic or Latino (a person of Cuban, Mexican, | ||
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(5) Native Hawaiian or Other Pacific Islander (a | ||
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"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a | ||
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"Disability" means a severe physical or mental | ||
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"Minority owned business" means a business concern | ||
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"Female owned business" means a business concern that | ||
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"Business owned by a person with a disability" means | ||
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"Governmental unit" means the State, a unit of local | ||
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(b) In addition to any other penalties imposed by law or by an ordinance or resolution of a unit of local government or school district, any individual or entity that knowingly obtains, or knowingly assists another to obtain, a contract with a governmental unit, or a subcontract or written commitment for a subcontract under a contract with a governmental unit, by falsely representing that the individual or entity, or the individual or entity assisted, is a minority owned business, female owned business, or business owned by a person with a disability is guilty of a Class 2 felony, regardless of whether the preference for awarding the contract to a minority owned business, female owned business, or business owned by a person with a disability was established by statute or by local ordinance or resolution. (c) In addition to any other penalties authorized by law, the court shall order that an individual or entity convicted of a violation of this Section must pay to the governmental unit that awarded the contract a penalty equal to one and one-half times the amount of the contract obtained because of the false representation.
(Source: P.A. 102-465, eff. 1-1-22 .) |
(720 ILCS 5/17-10.3) Sec. 17-10.3. Deception relating to certification of disadvantaged business enterprises. (a) Fraudulently obtaining or retaining certification. A person
who, in the course of business, fraudulently obtains or retains
certification as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business commits
a Class 2 felony. (b) Willfully making a false statement. A person who, in the
course of business, willfully makes a false statement whether by affidavit,
report or other representation, to an official or employee of a State
agency or the Business Enterprise Council for Minorities, Women, and Persons with Disabilities for the
purpose of influencing the certification or denial of certification of any
business entity as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business
commits a Class 2 felony. (c) Willfully obstructing or impeding an official or employee of
any agency in his or her investigation.
Any person who, in the course of business, willfully obstructs or impedes
an official or employee of any State agency or the
Business Enterprise Council for Minorities, Women, and Persons with Disabilities
who is investigating the qualifications of a business
entity which has requested certification as a minority-owned business, women-owned
business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony. (d) Fraudulently obtaining public moneys reserved for
disadvantaged business enterprises. Any person who, in the course of
business, fraudulently obtains public moneys reserved for, or allocated or
available to, minority-owned businesses, women-owned businesses, service-disabled veteran-owned small businesses, or veteran-owned small businesses commits a
Class 2 felony. (e) Definitions. As used in this Article, "minority-owned
business", "women-owned business", "State agency" with respect to minority-owned businesses and women-owned businesses, and "certification" with respect to minority-owned businesses and women-owned businesses shall
have the meanings ascribed to them in Section 2 of the Business Enterprise for
Minorities, Women, and
Persons with Disabilities Act. As used in this Article, "service-disabled veteran-owned small business", "veteran-owned small business", "State agency" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses, and "certification" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses have the same meanings as in Section 45-57 of the Illinois Procurement Code.
(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; 101-601, eff. 1-1-20.) |
(720 ILCS 5/Art. 17, Subdiv. 15 heading)
SUBDIVISION 15. FRAUD ON A PRIVATE ENTITY
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-10.5)
Sec. 17-10.5. Insurance fraud. (a) Insurance fraud. (1) A person commits insurance fraud when he or she | ||
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(2) A person commits health care benefits fraud | ||
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(b) Aggravated insurance fraud. (1) A person commits aggravated insurance fraud on a | ||
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(2) A person commits being an organizer of an | ||
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(c) Conspiracy to commit insurance fraud. If aggravated insurance fraud on a private entity forms the basis for charges of conspiracy under Section 8-2 of this Code, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged violations. If aggravated insurance fraud on a private entity forms the basis for a charge of conspiracy under Section 8-2 of this Code, and the accused occupies a position of organizer, supervisor, financer, or other position of management within the conspiracy, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation as long as the accused occupied a position of organizer, supervisor, financer, or other position of management in each of the 3 or more alleged violations. (d) Sentence. (1) A violation of paragraph (a)(1) in which the | ||
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(2) A violation of paragraph (a)(1) in which the | ||
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(3) A violation of paragraph (a)(1) in which the | ||
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(4) A violation of paragraph (a)(1) in which the | ||
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(5) A violation of paragraph (a)(2) is a Class A | ||
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(6) A violation of paragraph (b)(1) is a Class 1 | ||
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(7) A violation of paragraph (b)(2) is a Class X | ||
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(8) A person convicted of insurance fraud, vendor | ||
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(9) Notwithstanding Section 8-5 of this Code, a | ||
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(e) Civil damages for insurance fraud. (1) A person who knowingly obtains, attempts to | ||
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(2) An insurance company or self-insured entity that | ||
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(f) Determination of property value. For the purposes of this Section, if the exact value of the property
attempted to be obtained is either not alleged by the claimant or not
specifically set by the terms of a policy of insurance, the value
of the
property shall be the fair market replacement value of the property claimed to
be lost, the reasonable costs of reimbursing a vendor or other claimant for
services to be rendered, or both. (g) Actions by State licensing agencies. (1) All State licensing agencies, the Illinois State | ||
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(2) If a person who is licensed or registered under | ||
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(3) Any agency that receives information under this | ||
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(h) Definitions. For the purposes of this Section, "obtain", "obtains control", "deception", "property", and "permanent deprivation" have the meanings ascribed to those terms in Article 15 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(720 ILCS 5/17-10.6) Sec. 17-10.6. Financial institution fraud. (a) Misappropriation of financial institution property. A person commits misappropriation of a financial institution's property whenever he or she knowingly obtains or exerts unauthorized control over any of the moneys, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution, or under the custody or care of any agent, officer, director, or employee of such financial institution. (b) Commercial bribery of a financial institution. (1) A person commits commercial bribery of a | ||
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(2) An employee, agent, or fiduciary of a financial | ||
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(c) Financial institution fraud. A person commits financial institution fraud when he or she knowingly executes or attempts to execute a scheme or artifice: (1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, | ||
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(d) Loan fraud. A person commits loan fraud when he or she knowingly, with intent to defraud, makes any false statement or report, or overvalues any land, property, or security, with the intent to influence in any way the action of a financial institution to act upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security. (e) Concealment of collateral. A person commits concealment of collateral when he or she, with intent to defraud, knowingly conceals, removes, disposes of, or converts to the person's own use or to that of another any property mortgaged or pledged to or held by a financial institution. (f) Financial institution robbery. A person commits robbery when he or she knowingly, by force or threat of force, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion, any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, a financial institution. (g) Conspiracy to commit a financial crime. (1) A person commits conspiracy to commit a financial | ||
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(2) No person may be convicted of conspiracy to | ||
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(3) It shall not be a defense to conspiracy to commit | ||
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(A) has not been prosecuted or convicted; (B) has been convicted of a different offense; (C) is not amenable to justice; (D) has been acquitted; or (E) lacked the capacity to commit the offense. (h) Continuing financial crimes enterprise. A person commits a continuing financial crimes enterprise when he or she knowingly, within an 18-month period, commits 3 or more separate offenses constituting any combination of the following: (1) an offense under this Section; (2) a felony offense in violation of Section 16A-3 or | ||
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(3) if involving a financial institution, any other | ||
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(i) Organizer of a continuing financial crimes enterprise. (1) A person commits being an organizer of a | ||
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(A) with the intent to commit any offense, agrees | ||
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(i) an offense under this Section; (ii) a felony offense in violation of Section | ||
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(iii) if involving a financial institution, | ||
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(B) with respect to the other persons within the | ||
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(2) The person with whom the accused agreed to commit | ||
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(j) Sentence. (1) Except as otherwise provided in this subsection, | ||
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(A) does not exceed $500, is a Class A | ||
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(B) does not exceed $500, and the person has been | ||
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(C) exceeds $500 but does not exceed $10,000, is | ||
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(D) exceeds $10,000 but does not exceed $100,000, | ||
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(E) exceeds $100,000 but does not exceed | ||
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(F) exceeds $500,000 but does not exceed | ||
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(G) exceeds $1,000,000, is a Class X felony; when | ||
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(2) A violation of subsection (f) is a Class 1 felony. (3) A violation of subsection (h) is a Class 1 felony. (4) A violation for subsection (i) is a Class X | ||
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(k) A "financial crime" means an offense described in this Section. (l) Period of limitations. The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the offense is committed.
(m) Forfeiture. Any violation of subdivision (2) of subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to the remedies, procedures, and forfeiture as set forth in Article 29B of this Code. Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act. (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.) |
(720 ILCS 5/17-10.7)
Sec. 17-10.7. Insurance claims for excessive charges. (a) A person who sells goods or services commits insurance claims for excessive charges if: (1) the person knowingly advertises or promises to | ||
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(A) all or part of any applicable insurance | ||
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(B) a rebate in an amount equal to all or part of | ||
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(2) the goods or services are paid for by the | ||
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(3) the person knowingly charges an amount for the | ||
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(b) A person who is insured under a property or casualty insurance
policy commits insurance claims for excessive charges if the person knowingly: (1) submits a claim under the policy based on charges | ||
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(2) knowingly allows a claim in violation of | ||
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(c) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/Art. 17, Subdiv. 20 heading)
SUBDIVISION 20. FRAUDULENT TAMPERING
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-11) (from Ch. 38, par. 17-11)
Sec. 17-11. Odometer or hour meter fraud. A person commits odometer or hour meter fraud when he or she disconnects, resets, or alters, or causes to be disconnected, reset, or altered, the odometer of any
used motor vehicle or the hour meter of any used farm implement to conceal or change the actual miles
driven or hours of operation with the intent to defraud another. A violation of this Section is a Class A misdemeanor. A second or
subsequent violation is a Class 4 felony.
This Section does not apply to legitimate practices of automotive or implement
parts recyclers who recycle used odometers or hour meters for resale.
(Source: P.A. 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-11.1)
Sec. 17-11.1.
(Repealed).
(Source: P.A. 89-626, eff. 8-9-96. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-11.2)
Sec. 17-11.2. Installation of object in lieu of air bag. A person commits installation of object in lieu of airbag when he or she,
for consideration, knowingly
installs or reinstalls in a vehicle any object in lieu of an air bag that was
designed in
accordance with federal safety regulations for the make, model, and year of the
vehicle as
part of a vehicle inflatable restraint system. A violation of this Section is a Class A
misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-11.5) (was 720 ILCS 5/16-22) Sec. 17-11.5. Tampering with a security, fire, or life safety system.
(a) A person commits tampering with a security, fire, or life safety system when he or she knowingly damages, sabotages, destroys, or causes a permanent or temporary malfunction in any physical or electronic security, fire, or life safety system or any component part of any of those systems including, but not limited to, card readers, magnetic stripe readers, Wiegand card readers, smart card readers, proximity card readers, digital keypads, keypad access controls, digital locks, electromagnetic locks, electric strikes, electronic exit hardware, exit alarm systems, delayed egress systems, biometric access control equipment, intrusion detection systems and sensors, burglar alarm systems, wireless burglar alarms, silent alarms, duress alarms, hold-up alarms, glass break detectors, motion detectors, seismic detectors, glass shock sensors, magnetic contacts, closed circuit television (CCTV), security cameras, digital cameras, dome cameras, covert cameras, spy cameras, hidden cameras, wireless cameras, network cameras, IP addressable cameras, CCTV camera lenses, video cassette recorders, CCTV monitors, CCTV consoles, CCTV housings and enclosures, CCTV pan-and-tilt devices, CCTV transmission and signal equipment, wireless video transmitters, wireless video receivers, radio frequency (RF) or microwave components, or both, infrared illuminators, video motion detectors, video recorders, time lapse CCTV recorders, digital video recorders (DVRs), digital image storage systems, video converters, video distribution amplifiers, video time-date generators, multiplexers, switchers, splitters, fire alarms, smoke alarm systems, smoke detectors, flame detectors, fire detection systems and sensors, fire sprinklers, fire suppression systems, fire extinguishing systems, public address systems, intercoms, emergency telephones, emergency call boxes, emergency pull stations, telephone entry systems, video entry equipment, annunciators, sirens, lights, sounders, control panels and components, and all associated computer hardware, computer software, control panels, wires, cables, connectors, electromechanical components, electronic modules, fiber optics, filters, passive components, and power sources including batteries and back-up power supplies. (b) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-12)
Sec. 17-12. (Repealed).
(Source: P.A. 93-967, eff. 1-1-05. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-13)
Sec. 17-13. Fraud in transfers of real and personal property. (a) Conditional sale; sale without consent of title holder. No person purchasing personal property under a conditional sales
contract shall, during the existence of such conditional sales contract and
before the conditions thereof have been fulfilled, knowingly sell, transfer,
conceal, or in any manner dispose of such property, or cause or allow
the same to be done, without the written consent of the holder of title. (b) Acknowledgment of fraudulent conveyance. No officer
authorized to take the proof and acknowledgment of
a conveyance of real or personal property or other instrument
shall knowingly certify that the conveyance or other instrument was
duly proven or acknowledged by a party to the conveyance or other
instrument when no such acknowledgment or proof was
made, or was not made at the time it was certified to have been made, with
intent to injure or defraud or to enable any other person to injure or
defraud. (c) Fraudulent land sales. No person, after once
selling, bartering, or disposing of a
tract or tracts of land or a town lot or lots, or executing a bond or
agreement for the sale of lands or a town lot or lots, shall
again knowingly and with intent to defraud sell, barter, or dispose of the same tract or tracts of land or town lot or
lots, or any part of those tracts of land or town lot or lots,
or
knowingly and with intent to defraud execute a bond or agreement to
sell, barter, or dispose of the same land or lot or lots, or any
part of that land or lot or lots, to any other person for a
valuable consideration.
(d) Sentence. A violation of subsection (a) of this Section is a Class A misdemeanor. A violation of subsection (b) of this Section is a Class 4 felony. A violation of subsection (c) of this Section is a Class 3 felony. (Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-14)
Sec. 17-14.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-15)
Sec. 17-15.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-16)
(This Section was renumbered as Section 17-58 by P.A. 96-1551.) Sec. 17-16.
(Renumbered).
(Source: P.A. 89-234, eff. 1-1-96. Renumbered by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-17)
Sec. 17-17. Fraud in stock transactions. (a) No officer, director, or agent of a bank, railroad, or other corporation, nor any other person, shall
knowingly, and with intent to defraud, issue, sell, transfer, assign, or pledge, or cause or procure to be issued, sold,
transferred, assigned, or
pledged, any false, fraudulent, or simulated certificate or other evidence
of ownership of a share or shares of the capital stock of a bank, railroad, or other corporation.
(b) No officer, director, or agent of a bank, railroad, or other corporation shall knowingly sign, with intent to issue, sell, pledge, or cause to be issued, sold, or pledged, any false, fraudulent, or simulated certificate or other evidence of the ownership or transfer of a share or shares of the capital stock of that corporation, or an instrument purporting to be a certificate or other evidence of the ownership or transfer, the signing, issuing, selling, or pledging of which by the officer, director, or agent is not authorized by law. (c) Sentence. A violation of this Section is a Class 3 felony. (Source: P.A. 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-18)
Sec. 17-18.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-19)
Sec. 17-19.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-20)
Sec. 17-20. Obstructing gas, water, or electric current meters. A person commits obstructing gas, water, or electric current meters when he or she knowingly, and
with intent to injure or defraud a
company, body corporate, copartnership, or individual, injures, alters,
obstructs, or prevents the
action of a meter provided for the purpose of measuring and
registering the quantity of gas, water, or electric current consumed by or
at a burner, orifice, or place, or supplied to a
lamp, motor, machine, or appliance, or causes,
procures, or aids the injuring or altering of any
such meter or the obstruction or prevention of its action, or makes or causes
to be made with a gas pipe, water
pipe, or
electrical conductor any connection so as to conduct or supply illumination or
inflammable gas, water, or electric current to any burner,
orifice, lamp, motor, or other machine or appliance
from which the gas, water, or electricity may be consumed or
utilized without passing through or being registered by a meter or without the
consent or acquiescence of the company, municipal corporation, body corporate,
copartnership, or individual furnishing or transmitting the
gas, water, or electric current through the gas pipe, water
pipe, or electrical conductor. A violation of this Section is a Class B
misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-21)
Sec. 17-21. Obstructing service meters. A person commits obstructing service meters when he or she knowingly, and,
with the intent to defraud, tampers with, alters, obstructs or prevents the
action of a meter, register, or other counting device that is a part of a
mechanical or electrical machine,
equipment, or device that measures service, without the
consent of the owner of the machine, equipment, or device. A violation of this Section
is a Class B misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-22)
(This Section renumbered as Section 17-8.3 by P.A. 96-1551.) Sec. 17-22.
(Renumbered).
(Source: P.A. 90-390, eff. 1-1-98. Renumbered by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-23)
Sec. 17-23.
(Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-24)
Sec. 17-24. Mail fraud and wire fraud.
(a) Mail fraud. A person commits mail fraud when he or she: (1) devises or intends to devise any scheme or | ||
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(2) with the intent to execute such scheme or | ||
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(A) Places in any post office or authorized | ||
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(B) Deposits or causes to be deposited in this | ||
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(C) Takes or receives from mail or from a private | ||
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(D) Knowingly causes any such matter or thing to | ||
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(b) Wire fraud. A person commits wire fraud when he or she:
(1) devises or intends to devise a scheme or artifice | ||
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(2) for the purpose of executing the scheme or | ||
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(A) from within this State;
or
(B) so that the transmission is received by a | ||
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(C) so that the transmission may be accessed by a | ||
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(c) Jurisdiction. (1) Mail fraud using a government or private carrier | ||
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(2) Wire fraud occurs in the county from which a | ||
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(d) Sentence. A violation of this Section is a Class 3 felony.
The period of limitations for prosecution of any offense defined in this
Section begins at the time when the last act in furtherance of the scheme or
artifice is committed.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-25)
Sec. 17-25. (Repealed).
(Source: P.A. 92-818, eff. 8-21-02. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/17-26)
Sec. 17-26. Misconduct by a corporate official.
(a) A person commits misconduct by a corporate official when:
(1) being a director of a corporation, he or she | ||
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(A) making a dividend except in the manner | ||
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(B) dividing, withdrawing or in any manner paying | ||
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(C) discounting or receiving any note or other | ||
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(D) receiving or discounting any note or other | ||
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(E) applying any portion of the funds of such | ||
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(2) being a director or officer of a corporation, he | ||
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(A) issues, participates in issuing, or concurs | ||
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(B) sells, or agrees to sell, or is directly | ||
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(C) executes a scheme or attempts to execute a | ||
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(3) being a director or officer of a corporation, he | ||
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(A) causes or attempts to cause a corporation or | ||
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(B) causes or attempts to cause a corporation or | ||
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(b) Sentence. If the benefit derived from a violation of this Section is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this Section is less than $500,000, the violation is a
Class 3 felony.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-27)
Sec. 17-27. Fraud on creditors.
(a) Fraud in insolvency. A person commits fraud in insolvency when, knowing that proceedings have or
are about to be instituted for the appointment of a receiver or other person
entitled to administer property for the benefit of creditors, or that any other
composition or liquidation for the benefit of creditors has been or is about to
be made, he or she:
(1) destroys, removes, conceals, encumbers, | ||
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(2) knowingly falsifies any writing or record | ||
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(3) knowingly misrepresents or refuses to disclose to | ||
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Sentence. If the benefit derived from a violation of this subsection (a) is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this subsection (a) is less than $500,000, the violation is a
Class 3 felony.
(b) Fraud in property transfer. A person commits fraud in property transfer when he or she transfers or conveys any interest in property with the intent to defraud, defeat, hinder, or delay his or her creditors. A violation of this subsection (b) is a business offense subject to a fine not to exceed $1,000. (Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-28) (This Section was renumbered as Section 17-57 by P.A. 96-1551.) Sec. 17-28. (Renumbered).
(Source: P.A. 93-691, eff. 7-9-04. Renumbered by P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-29) (This Section was renumbered as Section 17-10.2 by P.A. 96-1551.) Sec. 17-29. (Renumbered).
(Source: P.A. 97-396, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
Sec. 17-30. Defaced, altered, or removed manufacturer or owner identification number. (a) Unlawful sale of household appliances. A person commits unlawful
sale of household
appliances when he or she knowingly, with the intent to defraud or deceive
another, keeps for sale, within any commercial
context, any household appliance with a missing, defaced, obliterated, or
otherwise altered manufacturer's identification number.
(b) Construction equipment identification defacement. A person commits construction equipment identification defacement when he or she knowingly changes,
alters, removes, mutilates, or
obliterates a permanently affixed serial number, product identification number,
part number, component identification number, owner-applied identification,
or other mark of identification attached to or stamped, inscribed, molded,
or etched into a machine or other equipment, whether stationary or mobile
or self-propelled, or a part of such machine or equipment, used in the construction,
maintenance, or demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways, dams, airports,
or waterways or in material handling for such projects. The trier of fact may infer that the defendant has knowingly changed, altered, removed, or obliterated the serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification, if the defendant was in possession of any machine or other equipment or a part of such machine
or equipment used in the construction, maintenance, or demolition of buildings,
structures, bridges, tunnels, sewers, utility pipes or lines, ditches or
open cuts, roads, highways, dams, airports, or waterways or in material handling
for such projects upon which any such serial number, product identification
number, part number, component identification number, owner-applied identification
number, or other mark of identification has been changed, altered,
removed, or obliterated. (c) Defacement of manufacturer's serial number or identification mark. A person commits defacement of a manufacturer's serial number or identification mark when he or she knowingly removes, alters, defaces, covers, or destroys the
manufacturer's serial number or any other manufacturer's number or
distinguishing identification mark upon any machine or other article of
merchandise, other than a motor vehicle as defined in Section 1-146 of the
Illinois Vehicle Code or a firearm as defined in the Firearm Owners Identification Card Act, with the intent of concealing or destroying the
identity of such machine or other article of merchandise. (d) Sentence. (1) A violation of subsection (a) of this Section is | ||
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(2) A violation of subsection (b) of this Section is | ||
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(3) A violation of subsection (c) of this Section is | ||
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(e) No liability shall be imposed upon any person for the unintentional
failure to comply with subsection (a).
(f) Definitions. In this Section: "Commercial context" means a continuing business enterprise conducted
for profit by any person whose primary business is the wholesale or retail
marketing of household appliances, or a significant portion of whose business
or inventory consists of household appliances
kept or sold on a wholesale or retail basis. "Household appliance" means any gas or electric device or machine
marketed for use as home entertainment or for facilitating or expediting
household tasks or chores. The term shall include but not necessarily be
limited to refrigerators, freezers, ranges, radios, television sets, vacuum
cleaners, toasters, dishwashers, and other similar household items. "Manufacturer's identification number" means any serial number or
other similar numerical or alphabetical designation imprinted upon or attached
to or placed, stamped, or otherwise imprinted upon or attached to a household
appliance or item by the manufacturer for purposes of identifying a particular
appliance or item individually or by lot number. (Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/Art. 17, Subdiv. 25 heading) SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-31) Sec. 17-31. False statement to procure credit or debit card. A person commits false statement to procure credit or debit card when he or she makes or causes to be made, either directly or
indirectly, any false statement in writing, knowing it to be false and with
the intent that it be relied on, respecting his or her identity, his or her address, or his or her
employment, or that of any other person, firm, or corporation, with the intent to procure the issuance of a credit card or debit card. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-32) Sec. 17-32. Possession of another's credit, debit, or identification card. (a) Possession of another's identification card. A person commits possession of another's identification card when he or she, with the intent to defraud, possesses any
check guarantee card or key card or identification card for cash dispensing
machines without the authority of the account holder or financial
institution. (b) Possession of another's credit or debit card. A person commits possession of another's credit or debit card when he or she receives a credit card or debit card from the
person, possession, custody, or control of another without the cardholder's
consent or if he or she, with knowledge that it has been so acquired, receives the
credit card or debit card with the intent to use it or to sell it, or to
transfer it to a person other than the issuer or the cardholder. The trier of fact may infer that a person who has in his or her possession
or under his or her
control 2 or more such credit cards or debit cards each issued to a cardholder other than himself or herself has violated this Section. (c) Sentence. (1) A violation of subsection (a) of this Section is | ||
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(2) A violation of subsection (b) of this Section is | ||
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(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-33) Sec. 17-33. Possession of lost or mislaid credit or debit card. A person who receives a credit card or debit card that he or she
knows to have been lost or mislaid and who retains possession with intent
to use it or to sell it or to transfer it to a person other than the issuer
or the cardholder is guilty of a Class 4 felony. A person who, in a single transaction, violates this Section with
respect to 3 or more credit cards or debit cards each issued to
different cardholders other than himself or herself is guilty of a Class
3 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-34) Sec. 17-34. Sale of credit or debit card. A person other than the issuer who sells a credit card or
debit card, without the consent of the issuer, is guilty of a Class
4 felony. A person who knowingly purchases a credit card or debit card from a person
other than the issuer, without the consent of the issuer, is guilty of a
Class 4 felony. A person who, in a single transaction, makes a sale or purchase
prohibited by this Section with respect to 3 or more credit cards or
debit cards each issued to a cardholder other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-35) Sec. 17-35. Use of credit or debit card as security for debt. A person who, with intent to defraud either the issuer, or a
person providing an item or items of
value, or any other person, obtains control over a credit card or debit
card as security for debt or transfers, conveys, or gives control over a
credit card or debit card as security for debt is guilty of a Class 4
felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-36) Sec. 17-36. Use of counterfeited, forged, expired, revoked, or unissued credit or debit card. A person who, with intent to defraud either the issuer, or a person
providing an item or items of value, or
any other person, (i) uses, with the intent to obtain an item or items of value, a credit card or debit
card obtained or retained in violation of this Subdivision 25 or without the
cardholder's consent, or a credit card or debit card which he or she knows is
counterfeited, or forged, or expired, or revoked or (ii) obtains or
attempts to obtain an item or items
of value by representing without the consent of the cardholder that he or she is
the holder of a specified card or by representing that he or she is the holder of a
card and such card has not in fact been issued is guilty of a Class
4 felony if the value of all items of value obtained or sought in violation of this
Section does not exceed $300 in any 6-month period; and is guilty of a
Class 3 felony if the value exceeds $300 in any 6-month period.
The trier of fact may infer that knowledge of revocation
has been received by a cardholder 4 days after it has
been mailed to him or her at the address set forth on the credit card or debit
card or at his or her last known address by registered or certified mail, return
receipt requested, and, if the address is more than 500 miles from the
place of mailing, by air mail. The trier of fact may infer that notice was received 10 days after mailing by registered or certified mail if the address is located outside the United
States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-37) Sec. 17-37. Use of credit or debit card with intent to defraud. (a) A cardholder who uses a credit card or debit card issued to
him or her, or allows another person to use a credit card or debit card issued
to him or her, with intent to defraud the
issuer, or a person providing an item or items of value, or any other person is guilty of a Class A
misdemeanor if the value of all items of value does not exceed $150 in any 6-month period;
and is guilty of a Class 4 felony if the value exceeds $150 in
any 6-month period.
(b) Where an investigation into an intent to defraud under subsection (a) occurs, issuers shall consider a merchant's timely submission of compelling evidence under the applicable dispute management guidelines of the card association with whom the merchant maintains an agreement. A merchant shall comply with merchant responsibilities under any such agreement. (Source: P.A. 102-757, eff. 5-13-22.) |
(720 ILCS 5/17-38) Sec. 17-38. Use of account number or code with intent to defraud; possession of record of charge forms. (a) A person who, with intent to defraud either an issuer, or a person
providing an item or items of value, or
any other person, utilizes an account number or code or enters
information on a record of charge form with the intent to obtain an item or items of
value is guilty of a Class 4 felony if the value of
the item or items of value obtained does not exceed $150
in any 6-month period; and is guilty of a Class 3 felony if the
value exceeds
$150 in any 6-month period. (b) A person who, with intent to defraud either an issuer or a person
providing an item or items of value, or
any other person, possesses, without the consent of the issuer or purported
issuer, record of charge forms bearing the printed impression of a credit
card or debit card is guilty of a Class 4 felony.
The trier of fact may infer intent to defraud from the possession of such record of
charge forms by a person other than the issuer or a person authorized by
the issuer to possess record of charge forms.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-39) Sec. 17-39. Receipt of goods or services. A person who receives an item or items
of value obtained in violation of this Subdivision 25, knowing that it was so obtained
or under such circumstances as would reasonably induce him or her to believe that
it was so obtained, is guilty of a Class A misdemeanor if the value of all
items of value obtained does
not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if
the value exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-40) Sec. 17-40. Signing another's card with intent to defraud. A person other than the cardholder or a person authorized by him
or her who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person,
signs a credit card or debit card is guilty of a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-41) Sec. 17-41. Altered or counterfeited card. (a) A person commits an offense under this Section when he or she, with intent to defraud either a purported issuer, or a
person providing an item or items of
value, or any other person, commits an offense under this Section if he or she: (i) alters a credit card or debit card or a
purported credit card or debit
card, or possesses a credit card or debit card or a purported credit card or debit
card with knowledge
that the same has been altered; or (ii) counterfeits a purported credit card or debit
card, or possesses a purported credit card or debit card with knowledge
that the card has been counterfeited. (b) Sentence. A violation of item (i) of subsection (a) is a Class 4 felony.
A violation of item (ii) of subsection (a) is a Class 3 felony.
The trier of fact may infer that
possession of 2 or more credit cards or debit cards by a person other than the issuer
in violation of subsection (a) is evidence that the person intended to
defraud or that he or she knew the credit cards or debit cards to have been so altered or counterfeited.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-42) Sec. 17-42. Possession of incomplete card. A person other than the cardholder possessing an incomplete
credit card or debit card, with intent to complete it without the
consent of the issuer or a person possessing, with knowledge of its
character, machinery, plates, or any other contrivance designed to reproduce
instruments purporting to be credit cards or debit cards of an issuer
who has not consented to the preparation of such credit cards or debit
cards is guilty of a Class 3 felony.
The trier of fact may infer that a person other than the cardholder or issuer who
possesses 2 or more incomplete credit cards or debit cards possesses those cards without the consent of the issuer.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-43) Sec. 17-43. Prohibited deposits. (a) A person who, with intent to
defraud the issuer of a credit card or debit card or any person providing an item or items of value, or any other person,
deposits into his or her account or any account, via an electronic fund transfer
terminal, a check, draft, money order, or other such document, knowing
such document to be false, fictitious, forged, altered, counterfeit, or not
his or her lawful or legal property, is guilty of
a Class 4 felony. (b) A person who receives value as a result of a false, fictitious,
forged, altered, or counterfeit check, draft, money order, or other
such document having been deposited into an account via an electronic fund
transfer terminal, knowing at the time of receipt of the value that the
document so deposited was false, fictitious, forged, altered, counterfeit,
or not his or her lawful or legal property, is
guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-44) Sec. 17-44. Fraudulent use of electronic transmission. (a) A person
who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other
person, intercepts, taps, or alters electronic information between an
electronic fund transfer terminal and the issuer, or originates electronic
information to an electronic fund transfer terminal or to the issuer, via
any line, wire, or other means of electronic transmission, at any
junction, terminal, or device, or at any location within the EFT System,
with the intent to obtain value, is
guilty of a Class 4 felony. (b) Any person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or
any other person, intercepts, taps, or alters electronic information
between an electronic fund transfer terminal and the issuer, or originates
electronic information to an electronic fund transfer terminal or to the
issuer, via any line, wire, or other means of electronic transmission, at
any junction, terminal, or device, or at any location within the EFT System,
and thereby causes funds to be transferred from one account to any other
account, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-45) Sec. 17-45. Payment of charges without furnishing item of value. (a) No person shall process, deposit, negotiate, or obtain payment of a
credit card charge through a retail seller's account with a financial
institution or through a retail seller's agreement with a financial
institution, card issuer, or organization of financial institutions or card
issuers if that retail seller did not furnish or agree to furnish the
item or items of value that are the subject of the credit
card charge. (b) No retail seller shall permit any person to process, deposit,
negotiate, or obtain payment of a credit card charge through the retail
seller's account with a financial institution or the retail seller's
agreement with a financial institution, card issuer, or
organization of financial institutions or card issuers if that retail
seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge. (c) Subsections (a) and (b) do not apply to any of the following: (1) A person who furnishes goods or services on the | ||
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(2) A general merchandise retail seller who permits a | ||
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(3) A franchisee who furnishes the cardholder with an | ||
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(4) A franchisor who permits a franchisee described | ||
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(5) The credit card issuer or a financial institution | ||
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(6) A person who processes, deposits, negotiates, or | ||
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(7) A telecommunications carrier that includes | ||
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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 .) |
(720 ILCS 5/17-46)
Sec. 17-46. Furnishing items of value with intent to defraud. A person who is authorized by an issuer to furnish money, goods,
property, services or anything else of value upon presentation of a credit
card or debit card by the cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer or the cardholder, furnishes
money, goods, property, services or anything else of value upon
presentation of a credit card or debit card obtained or retained in
violation of this Code or a credit card or debit card which
he knows is counterfeited, or forged, or expired, or revoked is guilty of a
Class A misdemeanor, if the value furnished in violation
of this Section does not exceed $150 in any 6-month period;
and is guilty of a Class 4 felony if such value exceeds $150
in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-47)
Sec. 17-47. Failure to furnish items of value. A person who is authorized by an issuer to furnish money, goods,
property, services or anything else of value upon presentation of a credit
card or debit card by the cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer or the cardholder, fails to
furnish money, goods, property, services or anything else of value which he
represents in writing to the issuer that he has furnished is guilty of a
Class A misdemeanor if the difference between the value of
all money, goods, property, services and anything else of value actually
furnished and the value represented to the issuer to have been furnished
does not exceed $150 in any 6-month period; and is guilty of a
Class 4 felony if such difference exceeds $150 in any 6-month
period.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-48) Sec. 17-48. Repeat offenses. Any person convicted of a second or subsequent offense under
this Subdivision 25 is guilty of a Class 3 felony. For purposes of this Section, an offense is considered a second or
subsequent offense if, prior to his or her conviction of the offense, the offender
has at any time been convicted under this Subdivision 25, or under any prior Act, or under
any law of the United States or of any state relating to credit card or debit card
offenses.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-49) Sec. 17-49. Severability. If any provision of this Subdivision 25 or its application to any person or
circumstances is held invalid, the invalidity shall not affect other
provisions or applications of this Subdivision 25 which can be given effect without the
invalid provision or application, and to this end the provisions of this
Subdivision 25 are declared to be severable.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-49.5) Sec. 17-49.5. Telephone Charge Fraud Act unaffected. Nothing contained in this Subdivision 25 shall be construed to repeal, amend, or
otherwise affect the Telephone Charge Fraud Act.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/Art. 17, Subdiv. 30 heading) SUBDIVISION 30. COMPUTER FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
Sec. 17-50. Computer fraud. (a) A person commits computer
fraud when he or she knowingly:
(1) Accesses or causes to be accessed a computer or | ||
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(2) Obtains use of, damages, or destroys a computer | ||
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(3) Accesses or causes to be accessed a computer or | ||
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(b) Sentence. (1) A violation of subdivision (a)(1) of this Section | ||
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(2) A violation of subdivision (a)(2) of this Section | ||
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(3) A violation of subdivision (a)(3) of this Section:
(i) is a Class 4 felony if the value of the | ||
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(ii) is a Class 3 felony if the value of the | ||
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(iii) is a Class 2 felony if the value of the | ||
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(c) Forfeiture of property. Any person who commits computer
fraud as set forth in subsection (a) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
Sec. 17-51. Computer tampering.
(a) A person commits
computer tampering when he or she knowingly and without the authorization of a
computer's owner or in excess of
the authority granted to him or her:
(1) Accesses or causes to be accessed a computer or | ||
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(2) Accesses or causes to be accessed a computer or | ||
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(3) Accesses or causes to be accessed a computer or | ||
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(4) Inserts or attempts to insert a program into a | ||
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(A) damage or destroy that computer, or any other | ||
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(B) alter, delete, or remove a computer program | ||
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(C) cause loss to the users of that computer or | ||
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(5) Falsifies or forges electronic mail transmission | ||
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(a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or
otherwise
distribute or possess with the intent to sell, give, or distribute software
which:
(1) is primarily designed or produced for the purpose | ||
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(2) has only a limited commercially significant | ||
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(3) is marketed by that person or another acting in | ||
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(a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a
computer's owner if: (1) the owner authorizes patrons, customers, or | ||
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(2) the owner authorizes the public to access the | ||
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(3) the person accesses the computer network in | ||
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(b) Sentence.
(1) A person who commits computer tampering as set | ||
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(2) A person who commits computer tampering as set | ||
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(3) A person who commits computer tampering as set | ||
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(4) If an injury arises from the transmission of | ||
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(5) If an injury arises from the transmission of | ||
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(6) The provisions of this Section shall not be | ||
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(c) Whoever suffers loss by reason of a violation of subdivision (a)(4)
of this Section may, in a civil action against the violator, obtain
appropriate relief. In
a civil action under this Section, the court may award to the prevailing
party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)
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(720 ILCS 5/17-52) (was 720 ILCS 5/16D-4)
Sec. 17-52. Aggravated computer tampering. (a) A person commits
aggravated computer tampering when he or she commits computer
tampering as set forth in paragraph (a)(3) of Section 17-51 and he or she knowingly:
(1) causes disruption of or interference with vital | ||
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(2) creates a strong probability of death or great | ||
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(b) Sentence. (1) A person who commits aggravated computer | ||
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(2) A person who commits aggravated computer | ||
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(Source: P.A. 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) Sec. 17-52.5. Unlawful use of encryption. (a) For the purpose of this Section: "Computer" has the meaning ascribed to the term in | ||
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"Encryption" means the use of any protective or | ||
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"Network" means a set of related, remotely connected | ||
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"Program" means an ordered set of data representing | ||
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"System" means a set of related equipment, whether or | ||
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(b) A person shall not knowingly use or attempt to use encryption, directly or indirectly, to: (1) commit, facilitate, further, or promote any | ||
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(2) aid, assist, or encourage another person to | ||
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(3) conceal evidence of the commission of any | ||
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(4) conceal or protect the identity of a person who | ||
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(c) Telecommunications carriers and information service providers are not liable under this Section, except for willful and wanton misconduct, for providing encryption services used by others in violation of this Section. (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, unless the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law. If the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law, the person shall be punished as prescribed by law for that offense. (e) A person who violates this Section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted under this Section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this Section.
(Source: P.A. 101-87, eff. 1-1-20 .) |
(720 ILCS 5/17-54) (was 720 ILCS 5/16D-7)
Sec. 17-54. Evidence of lack of authority. For the purposes of Sections 17-50 through 17-52, the trier of fact may infer that a person accessed a computer without the authorization of its owner or in excess of the authority granted if the person accesses or causes to be accessed a computer, which access
requires a confidential or proprietary code which has not been issued to or
authorized for use by that person. This Section does not apply to a person who acquires access in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
(Source: P.A. 99-775, eff. 8-12-16.)
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(720 ILCS 5/17-55) Sec. 17-55. Definitions. For the purposes of this subdivision 30: In addition to its meaning as defined in Section 15-1 of this Code,
"property" means: (1) electronic impulses;
(2) electronically produced data; (3) confidential, copyrighted, or proprietary
information; (4) private identification codes or numbers which permit access to
a computer by authorized computer users or generate billings to consumers
for purchase of goods and services, including but not limited to credit
card transactions and telecommunications services or permit electronic fund
transfers; (5) software or programs in either machine or human readable
form; or (6) any other tangible or intangible item relating to a computer
or any part thereof. "Access" means to use, instruct, communicate with, store data
in, retrieve or intercept data from, or otherwise utilize any services
of, a computer, a network, or data. "Services" includes but is not limited to computer time, data
manipulation, or storage functions. "Vital services or operations" means those services or operations
required to provide, operate, maintain, and repair network cabling,
transmission, distribution, or computer facilities necessary to ensure or
protect the public health, safety, or welfare. Those services or operations include, but are not limited to, services provided by medical
personnel or institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia personnel, private
and public utility companies, or law enforcement agencies.
(Source: P.A. 101-87, eff. 1-1-20 .) |
(720 ILCS 5/Art. 17, Subdiv. 35 heading) SUBDIVISION 35. MISCELLANEOUS SPECIAL FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3) Sec. 17-56. Financial exploitation of an elderly person or a person with a disability. (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly: (1) by deception or intimidation obtains control over | ||
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(2) illegally uses the assets or resources of an | ||
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(b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is 70 years of age or older and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more. (c) For purposes of this Section: (1) "Elderly person" means a person 60 years of age | ||
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(2) "Person with a disability" means a person who | ||
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(3) "Intimidation" means the communication to an | ||
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(4) "Deception" means, in addition to its meaning as | ||
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The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law. A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust. (d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986. (e) Good faith efforts. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance. (f) Not a defense. It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent. (g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability. (h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence. (Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24 .) |
(720 ILCS 5/17-57) (was 720 ILCS 5/17-28) Sec. 17-57. Defrauding drug and alcohol screening tests. (a) It is unlawful for a person to: (1) manufacture, sell, give away, distribute, or | ||
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(2) substitute or spike a sample or advertise a | ||
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(3) adulterate synthetic or human substances with the | ||
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(4) manufacture, sell, or possess adulterants that | ||
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(b) The trier of fact may infer intent to violate this Section if a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products. (c) Sentence. A violation of this Section is a Class 4 felony for which the court shall impose a minimum fine of $1,000. (d) For the purposes of this Section, "drug or alcohol screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-58)
(was 720 ILCS 5/17-16)
Sec. 17-58. Fraudulent production of infant. A person
who fraudulently produces an infant, falsely
pretending it to have been born of parents whose child would be entitled to a
share of a personal estate, or to inherit real estate, with
the intent of intercepting the inheritance of the real estate,
or the distribution of the personal property from a person lawfully entitled to
the personal property,
is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-59) (was 720 ILCS 5/39-1)
Sec. 17-59. Criminal
usury.
(a) A person commits criminal usury when, in exchange for either a
loan of money or other property or forbearance from the collection of such
a loan, he or she knowingly contracts for or receives from an individual, directly
or indirectly, interest, discount, or other consideration at a rate greater
than 20% per annum either before or after the maturity of the loan.
(b) When a person has in his or her personal or constructive possession
records, memoranda, or other documentary record of usurious loans, the trier of fact may infer that he or she has violated subsection (a) of this Section.
(c) Sentence. Criminal usury is a Class 4 felony. (d) Non-application to licensed persons. This Section does not apply to any loan authorized to be made by any
person licensed under the Consumer Installment Loan Act or to any loan permitted by
Sections 4, 4.2 and 4a of the Interest Act or by any other
law of this State. (Source: P.A. 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-60) (was 720 ILCS 5/17-7)
Sec. 17-60. Promotion of pyramid sales schemes. (a) A person who knowingly sells, offers to sell, or attempts to sell the right to participate in a pyramid sales scheme commits a Class A misdemeanor. (b) The term "pyramid
sales scheme" means any plan or operation whereby a person, in exchange
for money or other thing of value, acquires the opportunity to receive a
benefit or thing of value, which is primarily based upon the inducement
of additional persons, by himself or others, regardless of number, to participate
in the same plan or operation and is not primarily contingent on the volume
or quantity of goods, services, or other property sold or distributed or
to be sold or distributed to persons for purposes of resale to consumers.
For purposes of this subsection, "money or other thing of value" shall not
include payments
made for sales demonstration equipment and materials furnished on a nonprofit
basis for use in making sales and not for resale.
(Source: P.A. 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-61)
Sec. 17-61. Unauthorized use of university stationery. (a) No person, firm or corporation shall use the official stationery or
seal or a facsimile thereof, of any State supported university, college or
other institution of higher education or any organization thereof unless
approved in writing in advance by the university, college or institution of
higher education affected, for any private promotional scheme wherein it is
made to appear that the organization or university, college or other
institution of higher education is endorsing the private promotional
scheme. (b) A violation of this Section is a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-62) Sec. 17-62. Unlawful possession of device for manufacturing a false universal price code label. It is unlawful for a person to knowingly possess a device the purpose of which is to manufacture a false, counterfeit, altered, or simulated universal price code label. A violation of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/Art. 17A heading) ARTICLE 17A.
DISQUALIFICATION FOR STATE BENEFITS
(Repealed) (Article repealed by P.A. 96-1551, eff. 7-1-11)
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(720 ILCS 5/Art. 17B heading)
ARTICLE 17B.
WIC FRAUD
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)
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(720 ILCS 5/Art. 18 heading) ARTICLE 18.
ROBBERY
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(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
Sec. 18-1. Robbery; aggravated robbery.
(a) Robbery. A person commits robbery when he or she knowingly takes property, except a
motor vehicle covered by Section 18-3 or 18-4,
from the person or presence of another by the use of force or by
threatening the imminent use of force.
(b) Aggravated robbery. (1) A person commits aggravated robbery when he or | ||
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(2) A person commits aggravated robbery when he or | ||
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(c) Sentence.
Robbery is a Class 2 felony, unless the victim is 60 years of age
or over or is a person with a physical disability, or the robbery is
committed
in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, in which case robbery is a Class 1 felony. Aggravated robbery is a Class 1 felony.
(d) Regarding penalties prescribed in subsection
(c) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether
children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2.
Armed robbery.
(a) A person commits armed robbery when he or she violates Section 18-1;
and
(1) he or she carries on or about his or her person | ||
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(2) he or she carries on or about his or her person | ||
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(3) he or she, during the commission of the offense, | ||
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(4) he or she, during the commission of the offense, | ||
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(b) Sentence.
Armed robbery
in violation of subsection (a)(1)
is a Class X felony.
A violation of subsection (a)(2) is a Class X felony for which 15 years shall
be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(3) is a Class X felony for which 20 years shall be added to the
term of imprisonment imposed by the court. A violation of subsection (a)(4) is
a Class X felony for which 25 years or up to a term of natural life shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 91-404, eff. 1-1-00 .)
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(720 ILCS 5/18-3)
Sec. 18-3. Vehicular hijacking.
(a) A person commits vehicular hijacking when he or she knowingly takes a motor
vehicle from the person or the immediate presence of another by the use of
force or by threatening the imminent use of force.
(b) Sentence. Vehicular hijacking is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he or she violates
Section 18-3; and
(1) the person from whose immediate presence the | ||
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(2) a person under 16 years of age is a passenger in | ||
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(3) he or she carries on or about his or her person, | ||
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(4) he or she carries on or about his or her person | ||
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(5) he or she, during the commission of the offense, | ||
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(6) he or she, during the commission of the offense, | ||
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(b) Sentence. Aggravated vehicular hijacking in violation of subsections
(a)(1) or (a)(2) is a Class X felony.
A violation of subsection (a)(3) is a Class X
felony for which a term of imprisonment of not less than 7 years shall be
imposed.
A violation of subsection (a)(4) is a Class X
felony for which 15 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(5) is
a Class X felony for which 20 years shall be added to the term of imprisonment
imposed by the court. A violation of subsection
(a)(6) is a Class X felony for which 25 years or up to a term of natural life
shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/18-5)
Sec. 18-5.
(Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/18-6) (was 720 ILCS 5/12-11.1)
Sec. 18-6. Vehicular invasion.
(a) A person commits vehicular
invasion when he or she knowingly, by force and without lawful justification,
enters or reaches into the interior of a motor vehicle while the motor vehicle is occupied by another
person or persons, with the intent to commit therein a theft or felony.
(b) Sentence. Vehicular invasion is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/Art. 19 heading) ARTICLE 19.
BURGLARY
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(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or she knowingly enters
or without authority remains within a building, housetrailer, watercraft,
aircraft, motor vehicle, railroad
car, freight container, or any part thereof, with intent to commit therein a felony or theft.
This offense shall not include the offenses set out in Section 4-102 of the
Illinois Vehicle Code.
(b) Sentence.
Burglary committed in, and without causing damage to, a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 3 felony. Burglary committed in a building, housetrailer, or any part thereof or while causing damage to a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 2 felony. A burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of
worship is a
Class 1 felony, except that this provision does not apply to a day care center, day care home, group day care home, or part day child care facility operated in a private residence used as a dwelling.
(c) Regarding penalties prescribed in subsection
(b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 102-546, eff. 1-1-22 .)
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(720 ILCS 5/19-2) (from Ch. 38, par. 19-2)
Sec. 19-2. Possession of burglary tools.
(a) A person commits
possession of burglary tools when he
or she possesses any key, tool, instrument, device, or any explosive, suitable for
use in breaking into a building, housetrailer, watercraft, aircraft, motor
vehicle, railroad car, or any
depository designed for the safekeeping of property, or any part thereof,
with intent to enter that place and with intent to commit therein a
felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey. (a-5) A person also commits possession of burglary tools when he or she, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use | ||
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(2) capture or duplicate a signal from the key fob | ||
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(b) Sentence. Possession of burglary tools is a Class 4
felony.
(Source: P.A. 102-903, eff. 1-1-23 .)
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(720 ILCS 5/19-2.5) Sec. 19-2.5. Unlawful sale of burglary tools. (a) For the purposes of this Section: "Lock bumping" means a lock picking technique for | ||
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"Motor vehicle" has the meaning ascribed to it in the | ||
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(b) A person commits
the offense of unlawful sale of burglary tools when he
or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any
depository designed for the safekeeping of property, or any part of that property. (c) This Section does not apply to the sale or transfer of any item described in subsection (b) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card. (d) Sentence. Unlawful sale of burglary tools is a Class 4 felony.
(Source: P.A. 96-1307, eff. 1-1-11.) |
(720 ILCS 5/19-3) (from Ch. 38, par. 19-3) Sec. 19-3. Residential burglary. (a) A person commits
residential burglary when he or she knowingly and without authority enters or knowingly
and without authority remains within the
dwelling place of another, or any part thereof, with the intent to commit
therein a felony or theft. This offense includes the offense of
burglary as defined in Section 19-1. (a-5) A person commits
residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit
therein a felony or theft or to facilitate the commission therein of a felony or theft by another. (b) Sentence. Residential burglary is a Class 1 felony. (Source: P.A. 96-1113, eff. 1-1-11; 97-1108, eff. 1-1-13.) |
(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
Sec. 19-4. Criminal trespass to a residence.
(a) (1) A person commits criminal trespass to a residence when, without authority, he
or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.
(2) A person commits criminal trespass to a residence when,
without authority, he or she knowingly enters the residence of another and
knows or has
reason to know that one or more persons is present or he or she knowingly
enters the
residence of another and remains in the residence after he or she knows or has
reason to
know that one or more persons is present.
(a-5) For purposes of this Section, in the case of a multi-unit
residential building
or complex, "residence" shall only include the portion of the building or
complex which is the actual dwelling place of any person and shall not include
such places as common recreational areas or lobbies.
(b) Sentence.
(1) Criminal trespass to a residence under paragraph | ||
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(2) Criminal trespass to a residence under paragraph | ||
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(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
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(720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
Sec. 19-5. Criminal fortification of a residence or building. (a) A
person commits criminal fortification of a residence or
building when, with the intent to prevent the lawful entry of a law
enforcement officer or another, he or she maintains a residence or building in a
fortified condition, knowing that the residence or building is used for the unlawful
manufacture, storage with intent to deliver or manufacture, delivery, or trafficking of cannabis, controlled
substances, or methamphetamine as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(b) "Fortified condition" means preventing or impeding entry through the
use of steel doors, wooden planking, crossbars, alarm systems, dogs, video surveillance, motion sensing devices, booby traps, or
other similar means. If video surveillance is the sole component of the fortified condition, the video surveillance must be with the intent to alert an occupant to the presence of a law enforcement officer for the purpose of interfering with the official duties of a law enforcement officer, allowing removal or destruction of evidence, or facilitating the infliction of harm to a law enforcement officer. For the purposes of this Section, "booby trap" means any device, including but not limited to any explosive device, designed to cause physical injury or the destruction of evidence, when triggered by an act of a person approaching, entering, or moving through a structure.
(c) Sentence. Criminal fortification of a residence or building is a
Class 3 felony.
(d) This Section does not apply to the fortification of a residence or building used in the manufacture of methamphetamine as described in Sections 10 and 15 of the Methamphetamine Control and Community Protection Act.
(Source: P.A. 98-897, eff. 1-1-15 .)
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(720 ILCS 5/19-6) (was 720 ILCS 5/12-11) Sec. 19-6. Home Invasion. (a) A person who is not a peace officer acting
in the line of duty commits home invasion when
without authority he or she knowingly enters the dwelling place of another when
he or she knows or has reason to know that one or more persons is present
or he or she knowingly enters the dwelling place of another and remains
in the dwelling place until he or she knows or has reason to know that one
or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and (1) While armed with a dangerous weapon, other than a | ||
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(2) Intentionally causes any injury, except as | ||
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(3) While armed with a firearm uses force or | ||
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(4) Uses force or threatens the imminent use of force | ||
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(5) Personally discharges a firearm that proximately | ||
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(6) Commits, against any person or persons within | ||
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(b) It is an affirmative defense to a charge of home invasion that
the accused who knowingly enters the dwelling place of another and remains
in the dwelling place until he or she knows or has reason to know that one
or more persons is present either immediately leaves the premises or
surrenders to the person or persons lawfully present therein without either
attempting to cause or causing serious bodily injury to any person present
therein. (c) Sentence. Home invasion in violation of subsection (a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of subsection (a)(3) is a Class X felony for
which 15 years shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(4) is a Class X felony for which 20 years
shall be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(5) is a Class X felony for which 25 years or up to a term of
natural life shall be added to the term of imprisonment imposed by the court. (d) For purposes of this Section, "dwelling place of another" includes
a dwelling place where the defendant
maintains a tenancy interest but from which the defendant has been barred by a
divorce decree, judgment of dissolution of marriage, order of protection, or
other court order. (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(720 ILCS 5/Art. 20 heading) ARTICLE 20.
ARSON
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(720 ILCS 5/20-1) (from Ch. 38, par. 20-1)
Sec. 20-1. Arson; residential arson; place of worship arson.
(a) A person commits arson when, by means of fire or explosive, he or she
knowingly:
(1) Damages any real property, or any personal | ||
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(2) With intent to defraud an insurer, damages any | ||
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Property "of another" means a building or other property, whether real
or personal, in which a person other than the offender has an interest
which the offender has no authority to defeat or impair, even though the
offender may also have an interest in the building or property.
(b) A person commits residential arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any building or structure that is the dwelling place of another. (b-5) A person commits place of worship arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any place of worship. (c) Sentence.
Arson is a Class 2 felony. Residential arson or place of worship arson is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/20-1.1) (from Ch. 38, par. 20-1.1)
Sec. 20-1.1. Aggravated Arson.
(a) A person commits
aggravated arson when in the course of committing arson he or she
knowingly
damages, partially or totally, any building or
structure, including any adjacent building or
structure, including all or any part of a school building, house trailer,
watercraft, motor
vehicle, or railroad car, and (1) he knows or reasonably should know that
one or
more persons are present therein or (2) any person suffers
great bodily harm, or permanent disability or disfigurement
as a result of the fire or explosion or (3) a fireman,
policeman, or correctional officer who is present at the scene acting in the line
of duty is injured as a result of the fire or explosion.
For purposes of this Section, property "of another" means a building or
other
property,
whether real or personal, in which a person other than the offender has an
interest that
the offender has no authority to defeat or impair, even though the offender may
also have
an interest in the building or property; and "school building"
means any public or private preschool, elementary or secondary school,
community college, college, or university.
(b) Sentence. Aggravated arson is a Class X felony.
(Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05; 94-393, eff. 8-1-05.)
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(720 ILCS 5/20-1.2)
Sec. 20-1.2.
(Repealed).
(Source: P.A. 90-787, eff. 8-14-98. Repealed by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/20-1.3)
Sec. 20-1.3.
(Repealed).
(Source: P.A. 93-169, eff. 7-10-03. Repealed by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/20-1.4)
Sec. 20-1.4. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005 .)
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(720 ILCS 5/20-1.5)
Sec. 20-1.5. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005.)
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(720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
Sec. 20-2. Possession of explosives or explosive or incendiary devices.
(a) A person commits possession of explosives or
explosive or incendiary devices in violation of this Section when he or she
possesses, manufactures or transports
any explosive compound, timing or detonating device for use with any explosive
compound or incendiary device
and either intends to use the explosive or device to commit any offense or
knows that another intends to use the explosive or device to commit a
felony.
(b) Sentence.
Possession of explosives or explosive or incendiary devices is a Class 1 felony for which a person, if
sentenced to a term of imprisonment, shall be sentenced to not less than 4
years and not more than 30 years.
(c) (Blank).
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/Art. 20.5 heading) ARTICLE 20.5.
CAUSING A CATASTROPHE; DEADLY SUBSTANCES
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(720 ILCS 5/20.5-5)
Sec. 20.5-5.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/20.5-6)
Sec. 20.5-6.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/Art. 21 heading) ARTICLE 21.
DAMAGE AND TRESPASS TO PROPERTY
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(720 ILCS 5/Art. 21, Subdiv. 1 heading) SUBDIVISION 1. DAMAGE TO PROPERTY
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages | ||
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(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another | ||
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(5) knowingly deposits on the land or in the building | ||
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(6) knowingly damages any property, other than as | ||
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(7) knowingly shoots a firearm at any portion of a | ||
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(8) knowingly, without proper authorization, cuts, | ||
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(9) intentionally, without proper authorization, | ||
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(b) When the charge of criminal damage to property exceeding a specified
value is brought, the extent of the damage is an element of the offense to
be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(c) It is an affirmative defense to a violation of paragraph (1), (3), or (5) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.
(d) Sentence. (1) A violation of subsection (a) shall have the | ||
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(A) A violation of paragraph (8) or (9) is a | ||
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(B) A violation of paragraph (1), (2), (3), (5), | ||
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(C) A violation of paragraph (1), (2), (3), (5), | ||
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(D) A violation of paragraph (4) is a Class 4 | ||
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(E) A violation of paragraph (7) is a Class 4 | ||
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(F) A violation of paragraph (1), (2), (3), (5) | ||
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(G) A violation of paragraphs (1) through (6) is | ||
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(H) A violation of paragraphs (1) through (6) is | ||
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(I) A violation of paragraphs (1) through (6) is | ||
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(J) A violation of paragraphs (1) through (6) is | ||
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(2) When the damage to property exceeds $10,000, the | ||
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(3) In addition to any other sentence that may be | ||
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The community service requirement does not apply when | ||
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(4) In addition to any criminal penalties imposed | ||
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(5) For the purposes of this subsection (d), "farm | ||
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(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
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(720 ILCS 5/21-1.01) (was 720 ILCS 5/21-4)
Sec. 21-1.01. Criminal Damage to Government Supported Property.
(a) A person commits criminal damage to government supported property when he or she knowingly:
(1) damages any government supported property | ||
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(2) by means of fire or explosive damages government | ||
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(3) starts a fire on government supported property | ||
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(4) deposits on government supported land or in a | ||
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(b) For the purposes of this Section, "government supported" means any property supported in whole or in part with
State funds, funds of a unit of local government or school district, or
federal funds administered or granted through State agencies. (c) Sentence. A violation of this Section is a Class 4 felony when the damage to property is $500 or
less; a Class 3 felony when the damage to property
exceeds $500 but does not exceed $10,000; a Class 2 felony when the damage
to property exceeds $10,000 but does not exceed $100,000; and a Class 1
felony when the damage to property exceeds $100,000. When the damage to property exceeds $10,000, the court shall impose
upon the offender a fine equal to the value of the damages to the property.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-1.1) (from Ch. 38, par. 21-1.1)
Sec. 21-1.1.
(Repealed).
(Source: P.A. 78-255. Repealed by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
Sec. 21-1.2. Institutional vandalism.
(a) A person commits institutional vandalism when, by reason of the actual
or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another
individual or group of individuals, regardless of the existence of any other
motivating factor or factors, he or she knowingly and without consent
inflicts damage to any of the following properties:
(1) A church, synagogue, mosque, or other building, | ||
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(2) A cemetery, mortuary, or other facility used for | ||
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(3) A school, educational facility or community | ||
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(4) The grounds adjacent to, and owned or rented by, | ||
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(5) Any personal property contained in any | ||
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(b) Sentence. (1) Institutional vandalism is a Class 3 felony when | ||
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(2) Upon imposition of any sentence, the trial court | ||
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(c) Independent of any criminal prosecution or the result of that
prosecution, a person suffering damage to property or injury to his or her
person as a result of institutional vandalism may bring a civil action for
damages, injunction or other appropriate relief. The court may award actual
damages, including damages for emotional distress, or punitive damages. A
judgment may include attorney's fees and costs. The parents or legal guardians
of an unemancipated minor, other than guardians appointed under the Juvenile
Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of
any judgment for actual damages rendered against the minor under this
subsection in an amount not exceeding the amount provided under Section
5
of the Parental Responsibility Law.
(d) As used in this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act. (Source: P.A. 99-77, eff. 1-1-16; 99-631, eff. 1-1-17 .)
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(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property when the person
knowingly damages the property of another by
defacing, deforming, or otherwise damaging the property by the use of paint or
any other similar substance, or by the use of a writing instrument, etching
tool, or any other similar device. It is an affirmative defense to a violation of this Section that the owner of the property damaged consented to such damage.
(b) Sentence. (1) Criminal defacement of property is a Class A misdemeanor for a
first offense when the aggregate value of the damage to the property does not exceed $500. Criminal
defacement of property is a Class 4 felony when the aggregate value of the damage to property does not
exceed $500 and the property damaged is a school building or place of
worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans. Criminal
defacement of property is a Class 4 felony for a second or subsequent
conviction or when the aggregate value of the damage to the property exceeds $500.
Criminal defacement of property is a Class 3 felony when the aggregate value of the damage to property
exceeds $500 and the property damaged is a school building or place of
worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans.
(2) In addition to any other sentence that may be imposed
for a violation of this Section,
a person convicted of
criminal defacement of
property shall: (A) pay the actual costs incurred by the property | ||
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(B) if convicted of criminal defacement of property | ||
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(3) In addition to any
other sentence that may be imposed, a court shall order any person convicted of
criminal defacement of property to perform community service for not less than
30 and not more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need
not be limited to, the cleanup and repair of the damage to property that was
caused by the offense, or similar damage to property located in the
municipality or county in which the offense occurred.
When the property damaged is a school building, the community service may
include cleanup, removal, or painting over the defacement.
In addition, whenever any
person is placed on supervision for an alleged offense under this Section, the
supervision shall be conditioned
upon the performance of the community service. (4) For the purposes of this subsection (b), aggregate value shall be determined by adding the value of the damage to one or more properties if the offenses were committed as part of a single course of conduct.
(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13; 98-756, eff. 7-16-14; 99-631, eff. 1-1-17 .)
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(720 ILCS 5/21-1.4)
Sec. 21-1.4. Jackrocks violation.
(a) A person commits a jackrocks violation when he or she knowingly: (1) sells, gives away, manufactures, purchases, or | ||
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(2) places, tosses, or throws a jackrock on public or | ||
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(b) As used in this Section, "jackrock" means a caltrop or other object
manufactured with
one or more rounded or sharpened points, which when placed or thrown present at
least one point at such an angle that it is peculiar to and designed for use in
puncturing or damaging vehicle tires. It does not include a device
designed to puncture or damage the tires of a vehicle driven over it in a
particular
direction, if a conspicuous and clearly visible warning is posted at the
device's location, alerting persons to its presence.
(c) This Section does not apply to the possession, transfer, or use of
jackrocks by any law enforcement officer in the course of his or her official
duties.
(d) Sentence. A jackrocks violation is a Class A misdemeanor. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-1.5)
Sec. 21-1.5. (Repealed).
(Source: P.A. 93-596, eff. 8-26-03. Repealed by P.A. 94-556, eff. 9-11-05.)
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(720 ILCS 5/Art. 21, Subdiv. 5 heading) SUBDIVISION 5. TRESPASS
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
Sec. 21-2. Criminal trespass to vehicles. (a) A person commits criminal trespass to vehicles when he or she knowingly and without authority enters any part of or operates
any vehicle, aircraft,
watercraft or snowmobile.
(b) Sentence. Criminal trespass to vehicles is a Class A misdemeanor. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-2.5) Sec. 21-2.5. Electronic tracking devices prohibited. (a) As used in this Section: "Electronic tracking device" means any device | ||
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"State agency" means all departments, officers, | ||
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"Telematics" includes, but is not limited to, | ||
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"Vehicle" has the meaning ascribed to it in Section | ||
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(b) A person or entity in this State may not use an electronic tracking device to determine the location or movement of a person. (c) This Section does not apply: (1) when the registered owner, lessor, or lessee of a | ||
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(2) to the lawful use of an electronic tracking | ||
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(3) when the vehicle is owned or leased by a business | ||
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(4) when the vehicle is under the control of a State | ||
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(5) telematic services that were installed by the | ||
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(d) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-381, eff. 1-1-14.) |
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
Sec. 21-3. Criminal trespass to real property.
(a) A person commits criminal trespass to real property when he or she:
(1) knowingly and without lawful authority enters or | ||
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(2) enters upon the land of another, after receiving, | ||
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(3) remains upon the land of another, after receiving | ||
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(3.5) presents false documents or falsely represents | ||
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(3.7) intentionally removes a notice posted on | ||
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(4) enters a field used or capable of being used for | ||
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For purposes of item (1) of this subsection, this Section shall not apply
to being in a building which is open to the public while the building is open
to the public during its normal hours of operation; nor shall this Section
apply to a person who enters a public building under the reasonable belief that
the building is still open to the public.
(b) A person has received notice from the owner or occupant within the
meaning of Subsection (a) if he or she has been notified personally, either orally
or in writing including a valid court order as defined by subsection (7)
of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy
(2) of subsection (b) of Section 112A-14 of that Code, or if a printed or
written notice forbidding such entry has been conspicuously posted or
exhibited at the main entrance to the land or the forbidden part thereof.
(b-5) Subject to the provisions of subsection (b-10), as an alternative to the posting of real property as set forth in subsection (b), the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be: (1) A vertical line of at least 8 inches in length | ||
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(2) A post capped or otherwise marked on at least its | ||
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Nothing in this subsection (b-5) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument. (b-10) Any owner or lessee who marks his or her real property using the method described in subsection (b-5) must also provide notice as described in subsection (b) of this Section. The public of this State shall be informed of the provisions of subsection (b-5) of this Section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These Departments shall conduct an information campaign for the general public concerning the interpretation and implementation of subsection (b-5). The information shall inform the public about the marking requirements and the applicability of subsection (b-5) including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The Departments shall also include information regarding the requirement that, until the date this subsection becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in subsection (b). The Departments may prepare a brochure or may disseminate the information through agency websites. Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of subsection (b-5) based on materials provided by the Departments. This subsection (b-10) is inoperative on and after January 1, 2013.
(b-15) Subsections (b-5) and (b-10) do not apply to real property located in a municipality of over 2,000,000 inhabitants. (c) This Section does not apply to any person, whether a migrant worker
or otherwise, living on the land with permission of the owner or of his
or her agent having apparent authority to hire workers on this land and assign
them living quarters or a place of accommodations for living thereon, nor
to anyone living on the land at the request of, or by occupancy, leasing
or other agreement or arrangement with the owner or his or her agent, nor to
anyone invited by the migrant worker or other person so living on the
land to visit him or her at the place he is so living upon the land.
(d) A person shall be exempt from prosecution under this Section if
he or she beautifies unoccupied and abandoned residential and industrial properties
located within any municipality. For the purpose of this subsection,
"unoccupied and abandoned residential and industrial property" means any
real estate (1) in which the taxes have not been paid for a period of at
least 2 years; and (2) which has been left unoccupied and abandoned for a
period of at least one year; and "beautifies" means to landscape, clean up
litter, or to repair dilapidated conditions on or to board up windows
and doors.
(e) No person shall be liable in any civil action for money damages
to the owner of unoccupied and abandoned residential and industrial property
which that person beautifies pursuant to subsection (d) of this Section.
(e-5) Mortgagee or agent of the mortgagee exceptions. (1) A mortgagee or agent of the mortgagee shall be | ||
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(2) No mortgagee or agent of the mortgagee shall be | ||
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(3) For the purpose of this subsection (e-5) only, | ||
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(f) This Section does not prohibit a person from entering a building or
upon the land of another for emergency purposes. For purposes of this
subsection (f), "emergency" means a condition or circumstance in which an
individual is or is reasonably believed by the person to be in imminent danger
of serious bodily harm or in which property is or is reasonably believed to be
in imminent danger of damage or destruction.
(g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
(h) Sentence. A violation of subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of subdivision (a)(4) is a Class A misdemeanor. (i) Civil liability. A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (i): "Land" includes, but is not limited to, land used for | ||
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"Owner" means the person who has the right to | ||
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"Vehicle" has the same meaning as provided under | ||
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(j) This Section does not apply to the following persons while serving process: (1) a person authorized to serve process under | ||
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(2) a special process server appointed by the circuit | ||
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(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. 6-1-13 .)
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(720 ILCS 5/21-4) (from Ch. 38, par. 21-4)
(This Section was renumbered as Section 21-1.01 by P.A. 97-1108.) Sec. 21-4.
(Renumbered).
(Source: P.A. 89-30, eff. 1-1-96. Renumbered by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
Sec. 21-5. Criminal
trespass to State supported land.
(a) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land, after receiving, prior to the
entry, notice from the State or its representative that the entry is
forbidden, or remains upon the land or in the building after receiving
notice from the State or its representative to depart, and who thereby
interferes with another person's lawful use or enjoyment of the building
or land.
A person has received notice from the State within the meaning of
this subsection if he or she has been notified personally, either orally or in
writing, or if a printed or written notice forbidding entry to him or her or
a group of which he or she is a part, has been conspicuously posted or exhibited
at the main entrance to the land or the forbidden part thereof. (a-5) A person commits criminal trespass to State supported land when he or she enters upon a right of way, including facilities and improvements thereon, owned, leased, or otherwise used by a public body or district organized under the Metropolitan Transit Authority Act, the Local Mass Transit District Act, or the Regional Transportation Authority Act, after receiving, prior to the entry, notice from the public body or district, or its representative, that the entry is forbidden, or the person remains upon the right of way after receiving notice from the public body or district, or its representative, to depart, and in either of these instances intends to compromise public safety by causing a delay in transit service lasting more than 15 minutes or destroying property. A person has received notice from the public body or district within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her has been conspicuously posted or exhibited at any point of entrance to the right of way or the forbidden part of the right of way. As used in this subsection (a-5), "right of way" has the meaning ascribed to it in Section 18c-7502 of the Illinois Vehicle Code. (b) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to obtain permission from the State or its representative to enter the building or land; or remains upon the land or in the building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon the land or in the building, and who thereby
interferes with another person's lawful use or enjoyment of the building
or land. This subsection does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land in the performance of his or her official duties.
(c) Sentence. Criminal trespass to State supported land is a Class A misdemeanor, except a violation of subsection (a-5) of this Section is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15 .)
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(720 ILCS 5/21-5.5) Sec. 21-5.5. Criminal trespass to a safe school zone. (a) As used in this Section: "Employee" means a person employed by a school whose relationship with that agency constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor. "Employee" includes, but is not limited to, a teacher, student teacher, aide, secretary, custodial engineer, coach, or his or her designee. "School administrator" means the school's principal, or his or her designee. "Safe school zone" means an area that encompasses any of the following places during regular school hours or within 60 minutes before or after the school day or 60 minutes before or after a school-sponsored activity. This shall include any school property, ground, or street, sidewalk, or public way immediately adjacent thereto and any public right-of-way situated immediately adjacent to school property. The safe school zone shall not include any portion of the highway not actually on school property. "School activity" means and includes any school session, any extracurricular activity or event sponsored by or participated in by the school, and the 60-minute periods immediately preceding and following any session, activity, or event. "Student" means any person enrolled or previously enrolled in a school. (b) A person commits the offense of criminal trespass to a safe school zone when he or she knowingly: (1) enters or remains in a safe school zone without | ||
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(2) enters or remains in a safe school zone without | ||
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(c) Sentence. Criminal trespass to a safe school zone is a Class A misdemeanor.
(Source: P.A. 97-547, eff. 1-1-12.) |
(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
Sec. 21-6.
Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in Section 33A-1
in any building or on land supported in whole or in part with public
funds or in any building on such land without
prior written permission from the chief security officer for such land or
building commits a Class A misdemeanor.
(b) The chief security officer must grant any reasonable request for
permission under paragraph (a).
(Source: P.A. 89-685, eff. 6-1-97.)
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(720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
Sec. 21-7. Criminal trespass to restricted areas and restricted landing areas at airports; aggravated criminal trespass to restricted areas and restricted landing areas at airports.
(a) A person commits criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or remains in, any: (1) restricted area or restricted landing area used | ||
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(2) restricted area or restricted landing area used | ||
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(3) restricted area or restricted landing area as | ||
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(b) A person commits aggravated criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or
remains in, any restricted area or restricted landing area used in connection
with an airport facility, or part thereof, in this State, while in possession
of a weapon, replica of a weapon, or ammunition, after the person has received
notice from the airport authority that the entry is forbidden. (c) Notice that the area is "restricted" and
entry thereto "forbidden", for purposes of this Section, means that the
person or persons have been notified personally, either orally or in writing,
or by a printed or written notice forbidding the entry to him or her or a group
or an organization of which he or she is a member, which has been conspicuously posted
or exhibited at every usable entrance to the area or the forbidden part thereof.
(d) (Blank).
(e) (Blank).
(f) The terms "Restricted area" or "Restricted landing area" in this Section
are defined to incorporate the meaning ascribed to those terms in Section
8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended,
and also include any other area of the airport that has been designated
such by the airport authority.
The terms "airman" and "airport" in this Section are defined to incorporate the meaning ascribed to those terms in Sections 6 and 12 of the Illinois Aeronautics Act.
(g) Paragraph (2) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a restricted area or a restricted landing area used in connection with an airport facility,
or part thereof, in the performance of his or her official duties. (h) Sentence. (1) A violation of paragraph (2) of subsection (a) is a Class A misdemeanor. (2) A violation of paragraph (1) or (3) of subsection (a) is a Class 4 felony. (3) A violation of subsection (b) is a Class 3 felony. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-8)
Sec. 21-8. Criminal trespass to a nuclear facility.
(a) A person commits criminal trespass to a nuclear facility
when he or she
knowingly and without lawful authority:
(1) enters or remains within a nuclear facility or on | ||
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(2) remains within the facility or on the grounds of | ||
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(3) enters or remains within a nuclear facility or on | ||
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(b) A person has received notice from the owner or manager of the
facility or other person authorized by the owner or manager of the
facility within the meaning of paragraphs (1) and (2) of subsection (a) if he or she has been
notified personally, either orally or in writing,
or if a printed or written notice forbidding the entry has
been conspicuously posted or exhibited at the main entrance to the
facility or grounds of the facility or the forbidden part of the
facility.
(c) In this Section, "nuclear facility" has the meaning ascribed
to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.
(d) Sentence. Criminal trespass to a nuclear facility is a
Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-9)
Sec. 21-9. Criminal trespass to a place of public amusement.
(a) A person commits criminal trespass to a place of public
amusement when he or she knowingly and without lawful authority enters or
remains
on any portion of a place of public amusement after having received notice that
the general public is restricted from access to that portion of the place of
public amusement. These areas may include, but are
not limited to: a playing field, an athletic surface, a stage, a locker room,
or
a dressing room located at the place of public amusement. (a-5) A person commits the offense of criminal trespass to a place of public
amusement when he or she knowingly and without lawful authority gains access
to or remains on any portion of a place of public amusement by presenting false documents or falsely representing his or her identity orally to the property owner, a lessee, an agent of either the owner or lessee, or a
performer or participant. This subsection (a-5) does not apply to a peace officer or other official of a unit of government who enters or remains in the place of public amusement in the performance of his or her official duties.
(b) A property owner, a lessee, an agent of either the owner or lessee, or a
performer or participant may use reasonable force to restrain a trespasser and
remove him or her from the restricted area; however, any use of force beyond
reasonable force may subject that person to any applicable criminal penalty.
(c) A person has received notice within the meaning of subsection (a) if
he or she has been notified personally, either orally or in writing, or if a
printed
or written notice forbidding such entry has been conspicuously posted or
exhibited at the entrance to the portion of the place of public amusement that
is
restricted or an oral warning has been broadcast over the public address system
of the place of public amusement.
(d) In this Section, "place of public amusement" means a stadium, a theater,
or any other facility of any kind, whether licensed or not, where a live
performance, a sporting event, or any other activity takes place for other
entertainment and where
access to
the facility is made available to the public, regardless of whether admission
is charged.
(e) Sentence. Criminal trespass to a place of public amusement is a Class
4 felony. Upon imposition of any sentence, the court shall also impose a
fine of not less than $1,000. In addition, any order of
probation or conditional discharge entered following a conviction shall include
a condition that the offender perform public or community service of not less
than 30 and not more than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of the county where
the offender was convicted. The court may also impose any other condition of
probation or conditional discharge under this Section.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/Art. 21, Subdiv. 10 heading) SUBDIVISION 10. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-10)
Sec. 21-10. Criminal use of a motion picture
exhibition facility. (a) A person commits criminal use of a motion picture exhibition facility, when he or she, where a motion picture is being exhibited, knowingly operates an audiovisual recording function of a device without the consent of the owner
or lessee of that exhibition facility and of the licensor of the
motion picture being exhibited.
(b) Sentence. Criminal use of a motion picture
exhibition facility is a Class 4 felony.
(c) The owner or lessee of a
facility where a motion picture is being exhibited, the authorized agent or employee of that owner
or lessee, or the licensor of the motion picture being
exhibited or his or her agent or employee, who alerts law
enforcement authorities of an alleged violation of this
Section is not liable in any civil action arising out of
measures taken by that owner, lessee, licensor, agent, or employee in
the course of subsequently detaining a person that the owner,
lessee, licensor, agent, or employee, in good faith believed to have
violated this Section while awaiting the arrival of law
enforcement authorities, unless the plaintiff in such an
action shows by clear and convincing evidence that such
measures were manifestly unreasonable or the period of
detention was unreasonably long.
(d) This Section does not prevent any lawfully
authorized investigative, law enforcement, protective, or
intelligence gathering employee or agent of the State or
federal government from operating any audiovisual recording device in any facility where a motion picture
is being exhibited as part of lawfully authorized
investigative, protective, law enforcement, or intelligence
gathering activities. (e) This Section does not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales and display purposes. (f) Nothing in this Section prevents the prosecution for conduct that constitutes a violation of this Section under any other provision of law providing for a greater penalty. (g) In this Section, "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed and "facility" does not include a personal residence.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-11) Sec. 21-11. Distributing or delivering written or printed solicitation on
school property. (a) Distributing or delivering written or printed solicitation on school
property or within 1,000 feet
of school property, for the purpose of inviting students to
any event when a significant purpose of the event is to commit illegal acts or
to solicit
attendees to commit illegal acts,
or to be held in or
around abandoned buildings, is prohibited. (b) For the purposes of this Section, "school property" is defined as the
buildings or grounds of any public or private elementary or secondary school. (c) Sentence. A violation
of this Section is a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/Art. 21.1 heading) ARTICLE 21.1.
RESIDENTIAL PICKETING
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(720 ILCS 5/21.1-1) (from Ch. 38, par. 21.1-1)
Sec. 21.1-1.
Legislative finding and declaration.
The Legislature finds and declares that men in a free society have the
right to quiet enjoyment of their homes; that the stability of community
and family life cannot be maintained unless the right to privacy and a
sense of security and peace in the home are respected and encouraged; that
residential picketing, however just the cause inspiring it, disrupts home,
family and communal life; that residential picketing is inappropriate in
our society, where the jealously guarded rights of free speech and assembly
have always been associated with respect for the rights of others. For
these reasons the Legislature finds and declares this Article to be
necessary.
(Source: Laws 1967, p. 940.)
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(720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)
Sec. 21.1-2. Residential picketing. A person commits residential picketing when he or she pickets before or about the residence
or dwelling of any person, except when the residence or dwelling is used
as a place of business. This Article does not apply to a person
peacefully picketing his own residence or dwelling and does not prohibit
the peaceful picketing of the place of holding a meeting or assembly on premises
commonly used to discuss subjects of general public interest.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21.1-3) (from Ch. 38, par. 21.1-3)
Sec. 21.1-3.
Sentence.
Violation of Section 21.1-2 is a Class B misdemeanor.
(Source: P.A. 77-2638.)
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(720 ILCS 5/Art. 21.2 heading) ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
INSTITUTION OF EDUCATION
(Source: P.A. 96-807, eff. 1-1-10.) |
(720 ILCS 5/21.2-1) (from Ch. 38, par. 21.2-1)
Sec. 21.2-1. The General Assembly, in recognition of unlawful campus and school disorders across
the nation which are disruptive of the educational process, dangerous to
the health and safety of persons, damaging to public and private property,
and which divert the use of institutional facilities from the primary
function of education, establishes by this Act criminal penalties for
conduct declared in this Article to be unlawful. However, this Article does
not modify or supersede any other law relating to damage to persons or
property, nor does it prevent a public institution of education from
establishing restrictions upon the availability or use of any building or
other facility owned, operated or controlled by the institution to preserve
their dedication to education, nor from establishing standards of
scholastic and behavioral conduct reasonably relevant to the missions,
processes and functions of the institution, nor from invoking appropriate
discipline or expulsion for violations of such standards.
(Source: P.A. 96-807, eff. 1-1-10.)
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(720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
Sec. 21.2-2. Interference with a public institution of education. A person commits interference with a public institution of
education when he or she, on the campus of a public institution of education,
or at or in any building or other facility owned, operated or controlled by
the institution, without authority from the institution he or she, through force
or violence, actual or threatened:
(1) knowingly denies to a trustee, school board | ||
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(A) Freedom of movement at that place; or
(B) Use of the property or facilities of the | ||
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(C) The right of ingress or egress to the | ||
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(2) knowingly impedes, obstructs, interferes with or | ||
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(A) the performance of institutional duties by a | ||
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(B) the pursuit of educational activities, as | ||
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(3) knowingly occupies or remains in or at any | ||
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(Source: P.A. 96-807, eff. 1-1-10; 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21.2-3) (from Ch. 38, par. 21.2-3)
Sec. 21.2-3. Nothing in this Article prevents lawful assembly of the trustees, school board members, superintendent, principal,
employees, students or invitees of a public institution of
education, or prevents orderly petition for redress of grievances.
(Source: P.A. 96-807, eff. 1-1-10.)
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(720 ILCS 5/21.2-4) (from Ch. 38, par. 21.2-4)
Sec. 21.2-4. Sentence. A person convicted of violation of this Article commits a Class C
misdemeanor for the first offense and for a second or subsequent offense
commits a Class B misdemeanor. If the interference with the public institution of education is accompanied by a threat of personal injury or property damage, the person commits a Class 3 felony and may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years and may be prosecuted for intimidation in accordance with Section 12-6 of this Code.
(Source: P.A. 96-807, eff. 1-1-10.)
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(720 ILCS 5/21.2-5) (from Ch. 38, par. 21.2-5)
Sec. 21.2-5. For the purposes of this Article the words and phrases described in this
Section have the meanings designated in this Section, except when a
particular context clearly requires a different meaning.
"Public institution of education" means an educational
organization located in this State which provides an organized elementary, secondary, or post-high
school educational program, and which is supported in whole or in part by
appropriations of the General Assembly, a unit of local government or school district.
A person has received "due notice" if he, or the group of which he is a
part, has been given oral or written notice from an authorized
representative of the public institution of education in a manner
reasonably designated to inform him, or the group of which he is a part,
that he or they should cease such action or depart from such premises. The
notice may also be given by a printed or written notice forbidding entry
conspicuously posted or exhibited at the main entrance of the building or
other facility, or the forbidden part thereof.
"Force or violence" includes, but is not limited to, use of one's
person, individually or in concert with others, to impede access to or
movement within or otherwise to interfere with the conduct of the
authorized activities of the public institution of education, its
trustees, school board members, superintendent, principal, employees, students or invitees.
(Source: P.A. 96-807, eff. 1-1-10.)
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(720 ILCS 5/21.2-6) (from Ch. 38, par. 21.2-6)
Sec. 21.2-6.
If any provision of this Act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the Act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared severable.
(Source: P.A. 76-1582 .)
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(720 ILCS 5/Art. 21.3 heading) ARTICLE 21.3.
SOLICITATION ON SCHOOL PROPERTY
(Repealed) Source: P.A. 88-357. Repealed by P.A. 97-1108, eff. 1-1-13.
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