(720 ILCS 5/16-0.1) Sec. 16-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated: "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer. "Coin-operated machine" includes any automatic vending machine or any part thereof, parking meter, coin telephone, coin-operated transit turnstile, transit fare box, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer. "Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet-based, data transmission, or wireless distribution network, system or facility; or any part, accessory, or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any communication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals, or services. "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of signs, signals, data, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones or a wire, wireless, radio, electromagnetic, photo-electronic or photo-optical system; and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet-based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies. "Communication service provider" means: (1) any person or entity providing any communication service, whether directly or indirectly, as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (2) any person or entity owning or operating any cable television, fiber optic, satellite, telephone, wireless, microwave, radio, data transmission or Internet-based distribution network, system or facility; and (3) any person or entity providing any communication service directly or indirectly by or through any such distribution system, network or facility. "Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers. "Continuing
course of conduct" means a series of acts, and the accompanying
mental state necessary for the crime in question, irrespective
of whether the series of acts are continuous or intermittent. "Delivery container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product. "Document-making implement" means any implement, impression, template, computer file, computer disc, electronic device, computer hardware, computer software, instrument, or device that is used to make a real or fictitious or fraudulent personal identification document. "Financial transaction device" means any of the following: (1) An electronic funds transfer card. (2) A credit card. (3) A debit card. (4) A point-of-sale card. (5) Any instrument, device, card, plate, code, |
| account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or State identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:
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(A) Obtaining money, cash refund or credit
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| account, credit, goods, services, or any other thing of value.
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(B) Certifying or guaranteeing to a person or
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| business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.
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(C) Providing the device holder access to a
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| deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.
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"Full retail value" means the merchant's stated or advertised price of the merchandise. "Full
retail value" includes the aggregate value of property obtained
from retail thefts committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments in a single transaction or in separate
transactions over a period of one year.
"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
"Library card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on the borrowing by the library facility issuing such card.
"Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.
"Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.
"Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re-program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re-transmission.
"Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication or wireless device or to modify, alter, program or reprogram a communication or wireless device to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission or decryption of, a communication service without the express consent or express authorization of the communication service provider, or to knowingly assist others in those activities.
"Master sound recording" means the original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
"Merchandise" means any item of tangible personal property, including motor fuel.
"Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator. "Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.
"Motor fuel" means a liquid, regardless of its properties, used to propel a vehicle, including gasoline and diesel.
"Online" means the use of any electronic or wireless device to access the Internet.
"Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
"Person with a disability" means a person who
suffers from a physical or mental impairment resulting from
disease, injury, functional disorder or congenital condition that impairs the
individual's mental or physical ability to independently manage his or her
property or financial resources, or both.
"Personal identification document" means a birth certificate, a driver's license, a State identification card, a public, government, or private employment identification card, a social security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the State of Illinois, or any other state political subdivision of any state, or any other governmental or quasi-governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority.
"Personal identifying information" means any of the following information:
(1) A person's name.
(2) A person's address.
(3) A person's date of birth.
(4) A person's telephone number.
(5) A person's driver's license number or State of
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| Illinois identification card as assigned by the Secretary of State of the State of Illinois or a similar agency of another state.
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(6) A person's social security number.
(7) A person's public, private, or government
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| employer, place of employment, or employment identification number.
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(8) The maiden name of a person's mother.
(9) The number assigned to a person's depository
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| account, savings account, or brokerage account.
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(10) The number assigned to a person's credit or
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| debit card, commonly known as a "Visa Card", "MasterCard", "American Express Card", "Discover Card", or other similar cards whether issued by a financial institution, corporation, or business entity.
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(11) Personal identification numbers.
(12) Electronic identification numbers.
(13) Digital signals.
(14) User names, passwords, and any other word,
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| number, character or combination of the same usable in whole or part to access information relating to a specific individual, or to the actions taken, communications made or received, or other activities or transactions of a specific individual.
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(15) Any other numbers or information which can be
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| used to access a person's financial resources, or to identify a specific individual, or the actions taken, communications made or received, or other activities or transactions of a specific individual.
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"Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers; and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
"Public water, gas, or power supply, or other public services" mean any service subject to regulation by the Illinois Commerce Commission; any service furnished by a public utility that is owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State; any service furnished by any public utility that is owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act; or wireless service or other service regulated by the Federal Communications Commission.
"Publish" means to communicate or disseminate information to any one or more persons, either orally, in person, or by telephone, radio or television or in writing of any kind, including, without limitation, a letter or memorandum, circular or handbill, newspaper or magazine article or book.
"Radio frequency identification device" means any implement, computer file, computer disc, electronic device, computer hardware, computer software, or instrument that is used to activate, read, receive, or decode information stored on a RFID tag or transponder attached to a personal identification document.
"RFID tag or transponder" means a chip or device that contains personal identifying information from which the personal identifying information can be read or decoded by another device emitting a radio frequency that activates or powers a radio frequency emission response from the chip or transponder.
"Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
"Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.
"Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
"Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
"Sound or audio visual recording" means any sound or audio visual phonograph record, disc, pre-recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.
"Stored value card" means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods, services, or anything else of value. Stored value cards include, but are not limited to, cards issued for use as a stored value card or gift card, and an account identification number or symbol used to identify a stored value card. "Stored value card" does not include a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both. "Stored value card" shall only apply to Section 16-25.1 of this Act.
"Theft detection device remover" means any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise.
"Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
"Unidentified sound or audio visual recording" means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.
"Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software which is primarily possessed, used, designed, assembled, manufactured, sold, distributed or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions to protect any such communication, audio or video services, programs or transmissions from unauthorized access, acquisition, receipt, decryption, disclosure, communication, transmission or re-transmission.
"Unlawful communication device" means any electronic serial number, mobile identification number, personal identification number or any communication or wireless device that is capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider, or that has been altered, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or other equipment, to so acquire or facilitate the unauthorized acquisition of a communication service. "Unlawful communication device" also means:
(1) any phone altered to obtain service without the
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| express consent or express authorization of the communication service provider, tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, scanning receiver of wireless communication service or other instrument capable of disguising its identity or location or of gaining unauthorized access to a communications or wireless system operated by a communication service provider; and
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(2) any communication or wireless device which is
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| capable of, or has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or devices, so as to be capable of, facilitating the disruption, acquisition, receipt, transmission or decryption of a communication service without the express consent or express authorization of the communication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to or acquisition of any communication service provided by any communication service provider.
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"Vehicle" means a motor vehicle, motorcycle, or farm implement that is self-propelled and that uses motor fuel for propulsion.
"Wireless device" includes any type of instrument, device, machine, or
equipment that is capable of transmitting or receiving telephonic, electronic
or
radio communications, or any part of such instrument, device, machine, or
equipment, or any computer circuit, computer chip, electronic mechanism, or
other component that is capable of facilitating the transmission or reception
of telephonic, electronic, or radio communications.
(Source: P.A. 102-757, eff. 5-13-22.)
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(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over |
| property of the owner; or
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(2) Obtains by deception control over property of the
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(3) Obtains by threat control over property of the
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(4) Obtains control over stolen property knowing the
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| property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
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(5) Obtains or exerts control over property in the
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| custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
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(A) Intends to deprive the owner permanently of
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| the use or benefit of the property; or
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(B) Knowingly uses, conceals or abandons the
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| property in such manner as to deprive the owner permanently of such use or benefit; or
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(C) Uses, conceals, or abandons the property
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| knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
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(b) Sentence.
(1) Theft of property not from the person and not
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| exceeding $500 in value is a Class A misdemeanor.
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(1.1) Theft of property not from the person and not
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| exceeding $500 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
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(2) A person who has been convicted of theft of
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| property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 17-36 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.
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(3) (Blank).
(4) Theft of property from the person not exceeding
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| $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.
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(4.1) Theft of property from the person not exceeding
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| $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
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(5) Theft of property exceeding $10,000 and not
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| exceeding $100,000 in value is a Class 2 felony.
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(5.1) Theft of property exceeding $10,000 and not
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| exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
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(6) Theft of property exceeding $100,000 and not
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| exceeding $500,000 in value is a Class 1 felony.
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(6.1) Theft of property exceeding $100,000 in value
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| is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
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(6.2) Theft of property exceeding $500,000 and not
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| exceeding $1,000,000 in value is a Class 1 non-probationable felony.
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(6.3) Theft of property exceeding $1,000,000 in value
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(7) Theft by deception, as described by paragraph (2)
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| of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older or a person with a disability is a Class 2 felony.
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(8) Theft by deception, as described by paragraph
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| (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500.
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(9) Theft by deception, as described by paragraph
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| (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 2 felony if the rent payment or security deposit obtained exceeds $500 and does not exceed $10,000.
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(10) Theft by deception, as described by paragraph
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| (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.
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(11) Theft by deception, as described by paragraph
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| (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class X felony if the rent payment or security deposit obtained exceeds $100,000.
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(c) When a charge of theft of property exceeding a specified value
is brought, the value of the property involved is an element of the offense
to be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(d) Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a
lessee of the personal property of another fails to return it to the
owner within 10 days after written demand from the owner for its
return or (2) if a lessee of the personal property of another fails to return
it to the owner within 24 hours after written demand from the owner for its
return and the lessee had presented identification to the owner that contained
a materially fictitious name, address, or telephone number. A notice in
writing, given after the expiration of the leasing agreement, addressed and
mailed, by registered mail, to the lessee at the address given by him and shown
on the leasing agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person obtains by deception control over property. The trier of fact may infer that a person
"knowingly obtains by deception control over property of the owner" when he or she
fails to return, within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a promise, oral or
in writing, to perform services for the owner for consideration of $3,000
or more, and the promisor knowingly without good cause failed to
substantially perform pursuant to the agreement after taking a down payment
of 10% or more of the agreed upon consideration.
This provision shall not apply where the owner initiated the suspension of
performance under the agreement, or where the promisor responds to the
notice within the 45-day notice period. A notice in writing, addressed and
mailed, by registered mail, to the promisor at the last known address of
the promisor, shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
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| that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.
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(2) Where the property involved is that of the
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| offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.
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(Source: P.A. 101-394, eff. 1-1-20 .)
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(720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
Sec. 16-7. Unlawful use of recorded sounds or images.
(a) A person commits unlawful use of recorded sounds or images when he or she knowingly or recklessly:
(1) transfers or causes to be transferred without the |
| consent of the owner, any sounds or images recorded on any sound or audio visual recording with the intent of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred;
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(2) sells, offers for sale, advertises for sale, uses
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| or causes to be used for profit any such article described in subdivision (a)(1) without consent of the owner;
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(3) offers or makes available for a fee, rental or
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| any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of subsection (b); or
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(4) transfers or causes to be transferred without the
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| consent of the owner, any live performance with the intent of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.
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(b) A person commits unlawful use of unidentified sound or audio visual recordings when he or she knowingly, recklessly, or negligently for profit manufacturers, sells, distributes, vends, circulates, performs, leases, possesses, or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, sale, distribution, vending, circulation, performance, lease, or other dealing in and with unidentified sound or audio visual recordings.
(c) For the purposes of this Section, "owner" means the person who owns the master sound recording on
which sound is recorded and from which the transferred recorded sounds are
directly or indirectly derived, or the person who owns the rights to record
or authorize the recording of a live performance.
For the purposes of this Section, "manufacturer" means the person who actually makes or causes to be made a sound or audio visual recording. "Manufacturer" does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
(d) Sentence. Unlawful use of recorded sounds or images or unidentified sound or audio visual recordings is a Class
4 felony; however:
(1) If the offense involves more than 100 but not
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| exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and
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(2) If the offense involves more than 1,000
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| unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.
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(e) Upon conviction of any violation of subsection (b), the offender shall be sentenced to make restitution to any owner or lawful producer of a master sound or audio visual recording, or to the trade association representing such owner or lawful producer, that has suffered injury resulting from the crime. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized sound or audio visual recordings corresponding to the non-conforming recorded devices involved in the offense, and shall include investigative costs relating to the offense.
(f) Subsection (a) of this Section shall neither enlarge nor diminish the rights
of parties in private litigation.
(g) Subsection (a) of this Section does not apply to any person engaged in the business
of radio or television broadcasting who transfers, or causes to be
transferred, any sounds (other than from the sound track of a
motion picture) solely for the purpose of broadcast transmission.
(h) Each individual manufacture, distribution or sale
or transfer for a consideration of such recorded devices in
contravention of subsection (a) of this Section constitutes
a separate violation of this Section. Each individual manufacture, sale, distribution, vending, circulation, performance, lease, possession, or other dealing in and with an unidentified sound or audio visual recording under subsection (b) of this Section constitutes a separate violation of this Section.
(i) Any sound or audio visual recordings containing transferred
sounds or a performance whose transfer was not authorized by the owner of
the master sound recording or performance, or any unidentified sound or audio visual recording used, in violation of this Section, or
in the attempt to commit such violation as defined in Section 8-4, or in a conspiracy to commit such violation as defined in Section 8-2, or in a
solicitation to commit such offense as defined in Section 8-1, may be
confiscated and destroyed upon conclusion of the case or cases to which
they are relevant, except that the court may enter an order preserving them
as evidence for use in other cases or pending the final determination of
an appeal.
(j) It is an affirmative defense to any charge of unlawful use of
recorded sounds or images that the recorded sounds or images so used are
public domain material. For purposes of this Section, recorded sounds are
deemed to be in the public domain if the recorded sounds were copyrighted
pursuant to the copyright laws of the United States, as the same may be
amended from time to time, and the term of the copyright and any extensions
or renewals thereof has expired.
(k) With respect to sound recordings (other than accompanying a motion picture or other audiovisual work), this Section applies only to sound recordings that were initially recorded before February 15, 1972.
(Source: P.A. 97-538, eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/16-18)
Sec. 16-18. Tampering with communication services; theft of communication services. (a) Injury to wires or obtaining service with intent to defraud. A person commits injury to wires or obtaining service with intent to defraud when he or she knowingly: (1) displaces, removes, injures or destroys any |
| telegraph or telephone line, wire, cable, pole or conduit, belonging to another, or the material or property appurtenant thereto; or
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(2) cuts, breaks, taps, or makes any connection with
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| any telegraph or telephone line, wire, cable or instrument belonging to another; or
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(3) reads, takes or copies any message, communication
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| or report intended for another passing over any such telegraph line, wire or cable in this State; or
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(4) prevents, obstructs or delays by any means or
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| contrivance whatsoever, the sending, transmission, conveyance or delivery in this State of any message, communication or report by or through any telegraph or telephone line, wire or cable; or
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(5) uses any apparatus to unlawfully do or cause to
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| be done any of the acts described in subdivisions (a)(1) through (a)(4) of this Section; or
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(6) obtains, or attempts to obtain, any
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| telecommunications service with the intent to deprive any person of the lawful charge, in whole or in part, for any telecommunications service:
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(A) by charging such service to an existing
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| telephone number without the authority of the subscriber thereto; or
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(B) by charging such service to a nonexistent,
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| false, fictitious, or counterfeit telephone number or to a suspended, terminated, expired, canceled, or revoked telephone number; or
|
|
(C) by use of a code, prearranged scheme, or
|
| other similar stratagem or device whereby said person, in effect, sends or receives information; or
|
|
(D) by publishing the number or code of an
|
| existing, canceled, revoked or nonexistent telephone number, credit number or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices which may be used to avoid the payment of any lawful telephone toll charge; or
|
|
(E) by any other trick, stratagem, impersonation,
|
| false pretense, false representation, false statement, contrivance, device, or means.
|
|
(b) Theft of communication services. A person commits theft of communication services when he or she knowingly:
(1) obtains or uses a communication service without
|
| the authorization of, or compensation paid to, the communication service provider;
|
|
(2) possesses, uses, manufactures, assembles,
|
| distributes, leases, transfers, or sells, or offers, promotes or advertises for sale, lease, use, or distribution, an unlawful communication device:
|
|
(A) for the commission of a theft of a
|
| communication service or to receive, disrupt, transmit, decrypt, or acquire, or facilitate the receipt, disruption, transmission, decryption or acquisition, of any communication service without the express consent or express authorization of the communication service provider; or
|
|
(B) to conceal or to assist another to conceal
|
| from any communication service provider or from any lawful authority the existence or place of origin or destination of any communication;
|
|
(3) modifies, alters, programs or reprograms a
|
| communication device for the purposes described in subdivision (2)(A) or (2)(B);
|
|
(4) possesses, uses, manufactures, assembles, leases,
|
| distributes, sells, or transfers, or offers, promotes or advertises for sale, use or distribution, any unlawful access device; or
|
|
(5) possesses, uses, prepares, distributes, gives or
|
| otherwise transfers to another or offers, promotes, or advertises for sale, use or distribution, any:
|
|
(A) plans or instructions for making or
|
| assembling an unlawful communication or access device, with the intent to use or employ the unlawful communication or access device, or to allow the same to be used or employed, for a purpose prohibited by this subsection (b), or knowing or having reason to know that the plans or instructions are intended to be used for manufacturing or assembling the unlawful communication or access device for a purpose prohibited by this subsection (b); or
|
|
(B) material, including hardware, cables, tools,
|
| data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or assembly of an unlawful communication or access device for a purpose prohibited by this subsection (b).
|
|
(c) Sentence.
(1) A violation of subsection (a) is a Class A
|
| misdemeanor; provided, however, that any of the following is a Class 4 felony:
|
|
(A) a second or subsequent conviction for a
|
| violation of subsection (a); or
|
|
(B) an offense committed for remuneration; or
(C) an offense involving damage or destruction of
|
| property in an amount in excess of $300 or defrauding of services in excess of $500.
|
|
(2) A violation of subsection (b) is a Class A
|
| misdemeanor, except that:
|
|
(A) A violation of subsection (b) is a Class 4
|
|
(i) the violation of subsection (b) involves
|
| at least 10, but not more than 50, unlawful communication or access devices; or
|
|
(ii) the defendant engages in conduct
|
| identified in subdivision (b)(3) of this Section with the intention of substantially disrupting and impairing the ability of a communication service provider to deliver communication services to its lawful customers or subscribers; or
|
|
(iii) the defendant at the time of the
|
| commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution; or
|
|
(iv) the defendant at the time of the
|
| commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and uses any means of electronic communication as defined in Section 26.5-0.1 of this Code for fraud, theft, theft by deception, identity theft, or any other unlawful purpose; or
|
|
(v) the aggregate value of the service
|
| obtained is $300 or more; or
|
|
(vi) the violation is for a wired
|
| communication service or device and the defendant has been convicted previously for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
|
|
(B) A violation of subsection (b) is a Class 3
|
|
(i) the violation of subsection (b) involves
|
| more than 50 unlawful communication or access devices; or
|
|
(ii) the defendant at the time of the
|
| commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and has been convicted previously of an offense under subsection (b) committed by the defendant while serving as a pre-trial detainee in a penal institution or while serving a sentence at a penal institution; or
|
|
(iii) the defendant at the time of the
|
| commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and has been convicted previously of an offense under subsection (b) committed by the defendant while serving as a pre-trial detainee in a penal institution or while serving a sentence at a penal institution and uses any means of electronic communication as defined in Section 26.5-0.1 of this Code for fraud, theft, theft by deception, identity theft, or any other unlawful purpose; or
|
|
(iv) the violation is for a wired
|
| communication service or device and the defendant has been convicted previously on 2 or more occasions for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
|
|
(C) A violation of subsection (b) is a Class 2
|
| felony if the violation is for a wireless communication service or device and the defendant has been convicted previously for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
|
|
(3) Restitution. The court shall, in addition to any
|
| other sentence authorized by law, sentence a person convicted of violating subsection (b) to make restitution in the manner provided in Article 5 of Chapter V of the Unified Code of Corrections.
|
|
(d) Grading of offense based on prior convictions. For purposes of grading an offense based upon a prior conviction for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction under subdivisions (c)(2)(A)(i) and (c)(2)(B)(i) of this Section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
(e) Separate offenses. For purposes of all criminal penalties or fines established for violations of subsection (b), the prohibited activity established in subsection (b) as it applies to each unlawful communication or access device shall be deemed a separate offense.
(f) Forfeiture of unlawful communication or access devices. Upon conviction of a defendant under subsection (b), the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful communication or access devices in the defendant's possession or control which were involved in the violation for which the defendant was convicted.
(g) Venue. An offense under subsection (b) may be deemed to have been committed at either the place where the defendant manufactured or assembled an unlawful communication or access device, or assisted others in doing so, or the place where the unlawful communication or access device was sold or delivered to a purchaser or recipient. It is not a defense to a violation of subsection (b) that some of the acts constituting the offense occurred outside of the State of Illinois.
(h) Civil action. For purposes of subsection (b):
(1) Bringing a civil action. Any person aggrieved by
|
| a violation may bring a civil action in any court of competent jurisdiction.
|
|
(2) Powers of the court. The court may:
(A) grant preliminary and final injunctions to
|
| prevent or restrain violations without a showing by the plaintiff of special damages, irreparable harm or inadequacy of other legal remedies;
|
|
(B) at any time while an action is pending, order
|
| the impounding, on such terms as it deems reasonable, of any unlawful communication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation;
|
|
(C) award damages as described in subdivision
|
|
(D) award punitive damages;
(E) in its discretion, award reasonable
|
| attorney's fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and
|
|
(F) as part of a final judgment or decree finding
|
| a violation, order the remedial modification or destruction of any unlawful communication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (h)(2)(B).
|
|
(3) Types of damages recoverable. Damages awarded by
|
| a court under this Section shall be computed as either of the following:
|
|
(A) Upon his or her election of such damages at
|
| any time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages; in determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his or her deductible expenses and the elements of profit attributable to factors other than the violation; or
|
|
(B) Upon election by the complaining party at any
|
| time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of not less than $250 and not more than $10,000 for each unlawful communication or access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just. In any case, if the court finds that any of the violations were committed with the intent to obtain commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful communication or access device involved in the action.
|
|
(4) Separate violations. For purposes of all civil
|
| remedies established for violations, the prohibited activity established in this Section applies to each unlawful communication or access device and shall be deemed a separate violation.
|
|
(Source: P.A. 97-597, eff. 1-1-12; 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/16-25) Sec. 16-25. Retail theft. (a) A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or |
| causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
|
|
(2) Alters, transfers, or removes any label, price
|
| tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
|
|
(3) Transfers any merchandise displayed, held, stored
|
| or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
|
|
(4) Under-rings with the intention of depriving the
|
| merchant of the full retail value of the merchandise; or
|
|
(5) Removes a shopping cart from the premises of a
|
| retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or
|
|
(6) Represents to a merchant that he, she, or another
|
| is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
|
|
(7) Uses or possesses any theft detection shielding
|
| device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise; or
|
|
(8) Obtains or exerts unauthorized control over
|
| property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.
|
|
(b) Theft by emergency exit. A person commits theft by emergency exit when he or she commits a retail theft as defined in subdivisions (a)(1) through (a)(8) of this Section and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.
(c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or
|
| her belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
|
|
(2) removes that merchandise beyond the last known
|
| station for receiving payments for that merchandise in that retail mercantile establishment,
|
|
then the trier of fact may infer that the person possessed, carried
away or transferred such merchandise with the intention of retaining it
or with the intention of depriving the merchant permanently of the
possession, use or benefit of such merchandise without paying the full
retail value of such merchandise.
To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
(d) Venue. Multiple thefts committed by the same person as part of a continuing course of conduct in different jurisdictions that have been aggregated in one jurisdiction may be prosecuted in any jurisdiction in which one or more of the thefts occurred.
(e) For the purposes of this Section, "theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
(f) Sentence.
(1) A violation of any of subdivisions (a)(1) through
|
| (a)(6) and (a)(8) of this Section, the full retail value of which does not exceed $300 for property other than motor fuel or $150 for motor fuel, is a Class A misdemeanor. A violation of subdivision (a)(7) of this Section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Theft by emergency exit of property, the full retail value of which does not exceed $300, is a Class 4 felony.
|
|
(2) A person who has been convicted of retail theft
|
| of property under any of subdivisions (a)(1) through (a)(6) and (a)(8) of this Section, the full retail value of which does not exceed $300 for property other than motor fuel or $150 for motor fuel, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery is guilty of a Class 4 felony. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $300, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery is guilty of a Class 3 felony.
|
|
(3) Any retail theft of property under any of
|
| subdivisions (a)(1) through (a)(6) and (a)(8) of this Section, the full retail value of which exceeds $300 for property other than motor fuel or $150 for motor fuel in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $300 in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 2 felony. When a charge of retail theft of property or theft by emergency exit of property, the full value of which exceeds $300, is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $300.
|
|
(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 |
| personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property;
|
|
(2) uses any personal identifying information or
|
| personal identification document of another with intent to commit any felony not set forth in paragraph (1) of this subsection (a);
|
|
(3) obtains, records, possesses, sells, transfers,
|
| purchases, or manufactures any personal identifying information or personal identification document of another with intent to commit any felony;
|
|
(4) uses, obtains, records, possesses, sells,
|
| transfers, purchases, or manufactures any personal identifying information or personal identification document of another knowing that such personal identifying information or personal identification documents were stolen or produced without lawful authority;
|
|
(5) uses, transfers, or possesses document-making
|
| implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony;
|
|
(6) uses any personal identifying information or
|
| personal identification document of another to portray himself or herself as that person, or otherwise, for the purpose of gaining access to any personal identifying information or personal identification document of that person, without the prior express permission of that person;
|
|
(7) uses any personal identifying information or
|
| personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person;
|
|
(7.5) uses, possesses, or transfers a radio
|
| frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of State law or any violation of this Article; or
|
|
(8) in the course of applying for a building permit
|
| with a unit of local government, provides the license number of a roofing or fire sprinkler contractor whom he or she does not intend to have perform the work on the roofing or fire sprinkler portion of the project; it is an affirmative defense to prosecution under this paragraph (8) that the building permit applicant promptly informed the unit of local government that issued the building permit of any change in the roofing or fire sprinkler contractor.
|
|
(b) Aggravated identity theft. A person commits aggravated identity theft when he or she commits identity theft as set forth in subsection (a) of this Section:
(1) against a person 60 years of age or older or a
|
| person with a disability; or
|
|
(2) in furtherance of the activities of an organized
|
|
A defense to aggravated identity theft does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age. For the purposes of this subsection, "organized gang" has the meaning ascribed in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Knowledge shall be determined by an evaluation of all circumstances
surrounding the use of the other
person's identifying information or document.
(d) When a charge of identity theft or aggravated identity theft of credit, money, goods,
services, or other property
exceeding a specified value is brought, the value of the credit, money, goods,
services, or other property is
an element of the offense to be resolved by the trier of fact as either
exceeding or not exceeding the
specified value.
(e) Sentence.
(1) Identity theft.
(A) A person convicted of identity theft in
|
| violation of paragraph (1) of subsection (a) shall be sentenced as follows:
|
|
(i) Identity theft of credit, money, goods,
|
| services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 3 felony. Identity theft of credit, money, goods, services, or other property not exceeding $300 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 3 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony. A person who has been convicted of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 2 felony.
|
|
(ii) Identity theft of credit, money, goods,
|
| services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony. Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 2 felony.
|
|
(iii) Identity theft of credit, money, goods,
|
| services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony. Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 1 felony.
|
|
(iv) Identity theft of credit, money, goods,
|
| services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony. Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class X felony.
|
|
(v) Identity theft of credit, money, goods,
|
| services, or other property exceeding $100,000 in value is a Class X felony.
|
|
(B) A person convicted of any offense enumerated
|
| in paragraphs (2) through (7.5) of subsection (a) is guilty of a Class 3 felony. A person convicted of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.
|
|
(C) A person convicted of any offense enumerated
|
| in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
|
|
(D) A person who, within a 12-month period, is
|
| found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony. A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
|
|
(E) A person convicted of identity theft in
|
| violation of paragraph (2) of subsection (a) who uses any personal identifying information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine is guilty of a Class 2 felony for a first offense and a Class 1 felony for a second or subsequent offense. A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identifying information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony for a first offense and a Class X felony for a second or subsequent offense.
|
|
(F) A person convicted of identity theft in
|
| violation of paragraph (8) of subsection (a) of this Section is guilty of a Class 4 felony.
|
|
(2) Aggravated identity theft.
(A) Aggravated identity theft of credit, money,
|
| goods, services, or other property not exceeding $300 in value is a Class 3 felony.
|
|
(B) Aggravated identity theft of credit, money,
|
| goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony.
|
|
(C) Aggravated identity theft of credit, money,
|
| goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony.
|
|
(D) Aggravated identity theft of credit, money,
|
| goods, services, or other property exceeding $100,000 in value is a Class X felony.
|
|
(E) Aggravated identity theft for a violation of
|
| any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section is a Class 2 felony.
|
|
(F) Aggravated identity theft when a person who,
|
| within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section with identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is a Class 1 felony.
|
|
(G) A person who has been previously convicted of
|
| aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.
|
|
(Source: P.A. 101-324, eff. 1-1-20 .)
|
(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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| revolving charge agreement; or
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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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| dispense information that verifies that funds are available to cover such checks; or
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(8) Cause money to be transferred electronically from
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| a cardholder's account to an account held by any business, firm, retail merchant, corporation, or any other organization.
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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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| information concerning any fact or thing material to the claim.
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(2) Conceals (i) the occurrence of an event that is
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| material to any person's initial or continued right or entitlement to any insurance benefit or payment or (ii) the amount of any benefit or payment to which the person is entitled.
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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 .)
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(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 |
| or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred.
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(2) Being an officer, manager or other person
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| participating in the direction of a financial institution, he or she knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent.
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(3) He or she knowingly makes a false or deceptive
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| statement addressed to the public for the purpose of promoting the sale of property or services.
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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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| pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he or she issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. The trier of fact may infer that the defendant knows that the check or other order will not be paid by the depository and that the defendant has acted with intent to defraud when the defendant fails to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart. In this paragraph (B)(1), "property" includes rental property (real or personal).
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(2) He or she issues or delivers a check or other
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| order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order.
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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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| violation of this Section, except as otherwise provided by this subsection (D), is a Class A misdemeanor.
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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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| violation of paragraph (A)(1) or (B)(1), when the value of the property so obtained, in a single transaction or in separate transactions within a 90-day period, exceeds $150, is a Class 4 felony. In the case of a prosecution for separate transactions totaling more than $150 within a 90-day period, those separate transactions shall be alleged in a single charge and prosecuted in a single prosecution.
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(b) The commission of a deceptive practice in
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| violation of paragraph (B)(1) a second or subsequent time is a Class 4 felony.
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(3) For purposes of paragraph (C)(2), a person who,
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| within any 12-month period, violates paragraph (C)(2) with respect to 3 or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a Class 4 felony.
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(4) For purposes of paragraph (C)(3), a person who
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| within any 12-month period violates paragraph (C)(3) as to possession of 3 or more such devices at the same time or consecutively is guilty of a Class 4 felony.
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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 .)
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(720 ILCS 5/17-1b)
Sec. 17-1b. State's Attorney's bad check diversion program.
(a) In this Section:
"Offender" means a person charged with, or for whom probable cause
exists to charge the person with, deceptive practices.
"Pretrial diversion" means the decision of a prosecutor to refer an
offender to a diversion program on condition that the criminal charges against
the offender will be dismissed after a specified period of time, or the case
will not be charged, if the offender successfully completes the program.
"Restitution" means all amounts payable to a victim of deceptive practices
under the bad check diversion program created under this Section, including
the amount of the check and any transaction fees payable to a victim as set
forth in subsection (g)
but does not include amounts
recoverable under Section 3-806 of the Uniform Commercial Code and subsection (E) of Section
17-1 of this Code.
(b) A State's Attorney may create within his or her office a bad check
diversion program for offenders who agree to voluntarily participate in the
program instead of undergoing prosecution. The program may be conducted by the
State's Attorney or by a private entity under contract with the State's
Attorney. If the State's Attorney contracts with a private entity to perform
any services in operating the program, the entity shall operate under the
supervision, direction, and control of the State's Attorney. Any private entity
providing services under this Section is not a "collection agency" as that
term is defined under the Collection Agency Act.
(c) If an offender is referred to the State's Attorney, the State's
Attorney may determine whether the offender is appropriate for acceptance in
the
program. The State's Attorney may consider, but shall not be limited to
consideration of, the
following factors:
(1) the amount of the check that was drawn or passed;
(2) prior referrals of the offender to the program;
(3) whether other charges of deceptive practices are |
| pending against the offender;
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(4) the evidence presented to the State's Attorney
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| regarding the facts and circumstances of the incident;
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(5) the offender's criminal history; and
(6) the reason the check was dishonored by the
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(d) The bad check diversion program may require an offender to do one or
more of the following:
(i) pay for, at his or her own expense, and
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| successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney;
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(ii) make full restitution for the offense;
(iii) pay a per-check administrative fee as set forth
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(e) If an offender is diverted to the program, the State's Attorney shall
agree in writing not to prosecute the offender upon the offender's successful
completion of the program conditions. The State's Attorney's agreement to
divert the offender shall specify the
offenses that will not be prosecuted by identifying the checks involved in the
transactions.
(f) The State's Attorney, or private entity under contract with the
State's Attorney, may collect a fee from an offender diverted to the State's
Attorney's bad check diversion program. This fee may be deposited in a
bank account maintained by the State's Attorney for the purpose of
depositing fees and paying the expenses of the program or for use in the enforcement and prosecution of criminal laws. The State's
Attorney may require that the fee be paid directly to a private entity that
administers the program under a contract with the State's Attorney.
The amount of the administrative fees collected by the State's Attorney
under the program may not exceed $35 per check. The county board may,
however, by ordinance, increase the fees allowed by this Section if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of providing the
service.
(g) (1) The private entity shall be required to maintain
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| adequate general liability insurance of $1,000,000 per occurrence as well as adequate coverage for potential loss resulting from employee dishonesty. The State's Attorney may require a surety bond payable to the State's Attorney if in the State's Attorney's opinion it is determined that the private entity is not adequately insured or funded.
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(2) (A) Each private entity that has a contract with
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| the State's Attorney to conduct a bad check diversion program shall at all times maintain a separate bank account in which all moneys received from the offenders participating in the program shall be deposited, referred to as a "trust account", except that negotiable instruments received may be forwarded directly to a victim of the deceptive practice committed by the offender if that procedure is provided for by a writing executed by the victim. Moneys received shall be so deposited within 5 business days after posting to the private entity's books of account. There shall be sufficient funds in the trust account at all times to pay the victims the amount due them.
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(B) The trust account shall be established in a
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| financial institution which is federally or State insured or otherwise secured as defined by rule. If the account is interest bearing, the private entity shall pay to the victim interest earned on funds on deposit after the 60th day.
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(C) Each private entity shall keep on file the
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| name of the financial institution in which each trust account is maintained, the name of each trust account, and the names of the persons authorized to withdraw funds from each account. The private entity, within 30 days of the time of a change of depository or person authorized to make withdrawal, shall update its files to reflect that change. An examination and audit of a private entity's trust accounts may be made by the State's Attorney as the State's Attorney deems appropriate. A trust account financial report shall be submitted annually on forms acceptable to the State's Attorney.
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(3) The State's Attorney may cancel a contract
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| entered into with a private entity under this Section for any one or any combination of the following causes:
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(A) Conviction of the private entity or the
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| principals of the private entity of any crime under the laws of any U.S. jurisdiction which is a felony, a misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession.
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(B) A determination that the private entity has
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| engaged in conduct prohibited in item (4).
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(4) The State's Attorney may determine whether the
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| private entity has engaged in the following prohibited conduct:
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(A) Using or threatening to use force or violence
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| to cause physical harm to an offender, his or her family, or his or her property.
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(B) Threatening the seizure, attachment, or sale
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| of an offender's property where such action can only be taken pursuant to court order without disclosing that prior court proceedings are required.
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(C) Disclosing or threatening to disclose
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| information adversely affecting an offender's reputation for creditworthiness with knowledge the information is false.
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(D) Initiating or threatening to initiate
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| communication with an offender's employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by law or court order.
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(E) Communicating with the offender or any member
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| of the offender's family at such a time of day or night and with such frequency as to constitute harassment of the offender or any member of the offender's family. For purposes of this clause (E) the following conduct shall constitute harassment:
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(i) Communicating with the offender or any
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| member of his or her family at any unusual time or place or a time or place known or which should be known to be inconvenient to the offender. In the absence of knowledge of circumstances to the contrary, a private entity shall assume that the convenient time for communicating with a consumer is after 8 o'clock a.m. and before 9 o'clock p.m. local time at the offender's residence.
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(ii) The threat of publication or publication
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| of a list of offenders who allegedly refuse to pay restitution, except by the State's Attorney.
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(iii) The threat of advertisement or
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| advertisement for sale of any restitution to coerce payment of the restitution.
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(iv) Causing a telephone to ring or engaging
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| any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
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(v) Using profane, obscene or abusive
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| language in communicating with an offender, his or her family, or others.
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(vi) Disclosing or threatening to disclose
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| information relating to a offender's case to any other person except the victim and appropriate law enforcement personnel.
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(vii) Disclosing or threatening to disclose
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| information concerning the alleged criminal act which the private entity knows to be reasonably disputed by the offender without disclosing the fact that the offender disputes the accusation.
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(viii) Engaging in any conduct which the
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| State's Attorney finds was intended to cause and did cause mental or physical illness to the offender or his or her family.
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(ix) Attempting or threatening to enforce a
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| right or remedy with knowledge or reason to know that the right or remedy does not exist.
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(x) Except as authorized by the State's
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| Attorney, using any form of communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a governmental agency or official or by an attorney at law when it is not.
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(xi) Using any badge, uniform, or other
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| indicia of any governmental agency or official, except as authorized by law or by the State's Attorney.
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(xii) Except as authorized by the State's
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| Attorney, conducting business under any name or in any manner which suggests or implies that the private entity is bonded if such private entity is or is a branch of or is affiliated with any governmental agency or court if such private entity is not.
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(xiii) Misrepresenting the amount of the
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| restitution alleged to be owed.
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(xiv) Except as authorized by the State's
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| Attorney, representing that an existing restitution amount may be increased by the addition of attorney's fees, investigation fees, or any other fees or charges when those fees or charges may not legally be added to the existing restitution.
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(xv) Except as authorized by the State's
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| Attorney, representing that the private entity is an attorney at law or an agent for an attorney if the entity is not.
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(xvi) Collecting or attempting to collect any
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| interest or other charge or fee in excess of the actual restitution or claim unless the interest or other charge or fee is expressly authorized by the State's Attorney, who shall determine what constitutes a reasonable collection fee.
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(xvii) Communicating or threatening to
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| communicate with an offender when the private entity is informed in writing by an attorney that the attorney represents the offender concerning the claim, unless authorized by the attorney. If the attorney fails to respond within a reasonable period of time, the private entity may communicate with the offender. The private entity may communicate with the offender when the attorney gives his consent.
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(xviii) Engaging in dishonorable, unethical,
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| or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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(5) The State's Attorney shall audit the accounts of
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| the bad check diversion program after notice in writing to the private entity.
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(6) Any information obtained by a private entity that
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| has a contract with the State's Attorney to conduct a bad check diversion program is confidential information between the State's Attorney and the private entity and may not be sold or used for any other purpose but may be shared with other authorized law enforcement agencies as determined by the State's Attorney.
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(h) The State's Attorney, or private entity under contract with the
State's Attorney, shall recover, in addition to the face amount of the
dishonored check or draft, a transaction fee to defray the costs and expenses
incurred by a victim who received a dishonored check that was made or
delivered by the offender. The face amount of the dishonored check or draft and
the transaction fee shall be paid by the State's Attorney or private entity
under contract with the State's Attorney to the victim as
restitution for the offense. The amount of the transaction fee must not
exceed: $25 if the face amount of the check or draft does not exceed $100;
$30 if the face amount of the check or draft is greater than $100 but does not
exceed $250; $35 if the face amount of the check or draft is greater than
$250 but does not exceed $500; $40 if the face amount of the
check or draft is greater than $500 but does not exceed $1,000; and $50 if the
face amount of the check or draft is greater than $1,000.
(i) The offender, if aggrieved by an action of the private
entity contracted to operate a bad check diversion program, may submit a
grievance to
the State's Attorney who may then resolve the grievance. The private entity
must give notice to the offender that the grievance procedure is available. The
grievance procedure shall be established by the State's Attorney.
(Source: P.A. 95-41, eff. 1-1-08; 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
Sec. 17-2. False personation; solicitation. (a) False personation; solicitation. (1) A person commits a false personation when he or |
| she knowingly and falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when he or she knowingly exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act.
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(2) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be a veteran in seeking employment or public office. In this paragraph, "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States.
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|
(2.1) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be:
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(A) an active-duty member of the Armed Services
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| or Reserve Forces of the United States or the National Guard or a veteran of the Armed Services or Reserve Forces of the United States or the National Guard; and
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|
(B) obtains money, property, or another tangible
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| benefit through that false representation.
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|
In this paragraph, "member of the Armed Services or
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| Reserve Forces of the United States" means a member of the United States Navy, Army, Air Force, Marine Corps, or Coast Guard; and "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States or the National Guard.
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|
(2.5) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be:
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|
(A) another actual person and does an act in such
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| assumed character with intent to intimidate, threaten, injure, defraud, or to obtain a benefit from another; or
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(B) a representative of an actual person or
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| organization and does an act in such false capacity with intent to obtain a benefit or to injure or defraud another.
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|
(3) No person shall knowingly use the words "Police",
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| "Police Department", "Patrolman", "Sergeant", "Lieutenant", "Peace Officer", "Sheriff's Police", "Sheriff", "Officer", "Law Enforcement", "Trooper", "Deputy", "Deputy Sheriff", "State Police", or any other words to the same effect (i) in the title of any organization, magazine, or other publication without the express approval of the named public safety personnel organization's governing board or (ii) in combination with the name of any state, state agency, public university, or unit of local government without the express written authorization of that state, state agency, public university, or unit of local government.
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(4) No person may knowingly claim or represent that
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| he or she is acting on behalf of any public safety personnel organization when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the chief of the police department, fire department, and the corporate or municipal authority thereof, or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity and specifies and states clearly and fully the purpose for which the proceeds of the solicitation, contribution, or sale will be used.
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(5) No person, when soliciting financial
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| contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police", or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel unless:
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|
(A) the person is actually representing or acting
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| on behalf of the nongovernmental organization;
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|
(B) the nongovernmental organization is
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| controlled by and governed by a membership of and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers; and
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|
(C) before commencing the solicitation or the
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| sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used, has been entered into.
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|
(6) No person, when soliciting financial
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| contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements, may knowingly claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes the term "fireman", "fire fighter", "paramedic", or any other word or words which would reasonably be understood to imply that the organization is composed of fire fighter or paramedic personnel unless:
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|
(A) the person is actually representing or acting
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| on behalf of the nongovernmental organization;
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|
(B) the nongovernmental organization is
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| controlled by and governed by a membership of and represents a group or association of active duty, retired, or injured fire fighters (for the purposes of this Section, "fire fighter" has the meaning ascribed to that term in Section 2 of the Illinois Fire Protection Training Act) or active duty, retired, or injured emergency medical technicians - ambulance, emergency medical technicians - intermediate, emergency medical technicians - paramedic, ambulance drivers, or other medical assistance or first aid personnel; and
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|
(C) before commencing the solicitation or the
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| sale or delivery or the offers to sell or deliver any merchandise, goods, services, memberships, or advertisements, the soliciting or selling person and the nongovernmental organization have entered into a written contract that specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.
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|
(7) No person may knowingly claim or represent that
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| he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.
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|
(8) No person, firm, copartnership, or corporation
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| (except corporations organized and doing business under the Pawners Societies Act) shall knowingly use a name that contains in it the words "Pawners' Society".
|
|
(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
|
| purposes of compensation or consideration. This paragraph (b)(1) does not apply to a person who unintentionally fails to pay attorney registration fees established by Supreme Court Rule.
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|
(2) A public officer or a public employee or an
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| official or employee of the federal government.
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|
(2.3) A public officer, a public employee, or an
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| official or employee of the federal government, and the false representation is made in furtherance of the commission of felony.
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|
(2.7) A public officer or a public employee, and the
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| false representation is for the purpose of effectuating identity theft as defined in Section 16-30 of this Code.
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|
(3) A peace officer.
(4) A peace officer while carrying a deadly weapon.
(5) A peace officer in attempting or committing a
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|
(6) A peace officer in attempting or committing a
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|
(7) The parent, legal guardian, or other relation of
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| a minor child to any public official, public employee, or elementary or secondary school employee or administrator.
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|
(7.5) The legal guardian, including any
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| representative of a State or public guardian, of a person with a disability appointed under Article XIa of the Probate Act of 1975.
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|
(8) A fire fighter.
(9) A fire fighter while carrying a deadly weapon.
(10) A fire fighter in attempting or committing a
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|
(11) An emergency management worker of any
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| jurisdiction in this State.
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|
(12) An emergency management worker of any
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| jurisdiction in this State in attempting or committing a felony. For the purposes of this subsection (b), "emergency management worker" has the meaning provided under Section 2-6.6 of this Code.
|
|
(b-5) The trier of fact may infer that a person falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government if the person:
(1) wears or displays without authority any uniform,
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| badge, insignia, or facsimile thereof by which a public officer or public employee or official or employee of the federal government is lawfully distinguished; or
|
|
(2) falsely expresses by word or action that he or
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| she is a public officer or public employee or official or employee of the federal government and is acting with approval or authority of a public agency or department.
|
|
(c) Fraudulent advertisement of a corporate name.
(1) A company, association, or individual commits
|
| fraudulent advertisement of a corporate name if he, she, or it, not being incorporated, puts forth a sign or advertisement and assumes, for the purpose of soliciting business, a corporate name.
|
|
(2) Nothing contained in this subsection (c)
|
| prohibits a corporation, company, association, or person from using a divisional designation or trade name in conjunction with its corporate name or assumed name under Section 4.05 of the Business Corporation Act of 1983 or, if it is a member of a partnership or joint venture, from doing partnership or joint venture business under the partnership or joint venture name. The name under which the joint venture or partnership does business may differ from the names of the members. Business may not be conducted or transacted under that joint venture or partnership name, however, unless all provisions of the Assumed Business Name Act have been complied with. Nothing in this subsection (c) permits a foreign corporation to do business in this State without complying with all Illinois laws regulating the doing of business by foreign corporations. No foreign corporation may conduct or transact business in this State as a member of a partnership or joint venture that violates any Illinois law regulating or pertaining to the doing of business by foreign corporations in Illinois.
|
|
(3) The provisions of this subsection (c) do not
|
| apply to limited partnerships formed under the Revised Uniform Limited Partnership Act or under the Uniform Limited Partnership Act (2001).
|
|
(d) False law enforcement badges.
(1) A person commits false law enforcement badges if
|
| he or she knowingly produces, sells, or distributes a law enforcement badge without the express written consent of the law enforcement agency represented on the badge or, in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency.
|
|
(2) It is a defense to false law enforcement badges
|
| that the law enforcement badge is used or is intended to be used exclusively: (i) as a memento or in a collection or exhibit; (ii) for decorative purposes; or (iii) for a dramatic presentation, such as a theatrical, film, or television production.
|
|
(e) False medals.
(1) A person commits a false personation if he or she
|
| knowingly and falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States Government, irrespective of branch of service: The Congressional Medal of Honor, The Distinguished Service Cross, The Navy Cross, The Air Force Cross, The Silver Star, The Bronze Star, or the Purple Heart.
|
|
(2) It is a defense to a prosecution under paragraph
|
| (e)(1) that the medal is used, or is intended to be used, exclusively:
|
|
(A) for a dramatic presentation, such as a
|
| theatrical, film, or television production, or a historical re-enactment; or
|
|
(B) for a costume worn, or intended to be worn,
|
| by a person under 18 years of age.
|
|
(f) Sentence.
(1) A violation of paragraph (a)(8) is a petty
|
| offense subject to a fine of not less than $5 nor more than $100, and the person, firm, copartnership, or corporation commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (c)(1) is a petty offense, and the company, association, or person commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (a)(2.1) or subsection (e) is a petty offense for which the offender shall be fined at least $100 and not more than $200.
|
|
(2) A violation of paragraph (a)(1), (a)(3), or
|
| (b)(7.5) is a Class C misdemeanor.
|
|
(3) A violation of paragraph (a)(2), (a)(2.5),
|
| (a)(7), (b)(2), or (b)(7) or subsection (d) is a Class A misdemeanor. A second or subsequent violation of subsection (d) is a Class 3 felony.
|
|
(4) A violation of paragraph (a)(4), (a)(5), (a)(6),
|
| (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a Class 4 felony.
|
|
(5) A violation of paragraph (b)(4), (b)(9), or
|
| (b)(12) is a Class 3 felony.
|
|
(6) A violation of paragraph (b)(5) or (b)(10) is a
|
|
(7) A violation of paragraph (b)(6) is a Class 1
|
|
(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.)
|
(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 5/17-6.3)
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 |
| or she knowingly or recklessly misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available for WIC.
|
|
(2) An official or employee of the State or a unit of
|
| local government who knowingly aids, abets, assists, or participates in a known violation of this Section is subject to disciplinary proceedings under the rules of the applicable State agency or unit of local government.
|
|
(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,
|
| agency, institution, or other legal entity is found by a court to have engaged in an act, practice, or course of conduct declared unlawful under subsection (a), (b), or (c) of this Section and:
|
|
(A) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is less than $150, the violation is a Class A misdemeanor; a second or subsequent violation is a Class 4 felony;
|
|
(B) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 4 felony; a second or subsequent violation is a Class 3 felony;
|
|
(C) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 3 felony; a second or subsequent violation is a Class 2 felony;
|
|
(D) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $5,000 or more but less than $10,000, the violation is a Class 2 felony; a second or subsequent violation is a Class 1 felony; or
|
|
(E) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $10,000 or more, the violation is a Class 1 felony and the defendant shall be permanently ineligible to participate in WIC.
|
|
(2) A violation of subsection (d) is a Class 4 felony.
(3) The State's Attorney of the county in which the
|
| violation of this Section occurred or the Attorney General shall bring actions arising under this Section in the name of the People of the State of Illinois.
|
|
(4) For purposes of determining the classification of
|
| an offense under this subsection (e), all of the money received as a result of the unlawful act, practice, or course of conduct, including the value of any WIC Food Instruments and the value of commodities, shall be aggregated.
|
|
(f) Seizure and forfeiture of property.
(1) A person who commits a felony violation of this
|
| Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
|
|
(2) Property subject to forfeiture under this
|
| subsection (f) may be seized by the Director of the Illinois State Police or any local law enforcement agency upon process or seizure warrant issued by any court having jurisdiction over the property. The Director or a local law enforcement agency may seize property under this subsection (f) without process under any of the following circumstances:
|
|
(A) If the seizure is incident to inspection
|
| under an administrative inspection warrant.
|
|
(B) If the property subject to seizure has been
|
| the subject of a prior judgment in favor of the State in a criminal proceeding or in an injunction or forfeiture proceeding under Article 124B of the Code of Criminal Procedure of 1963.
|
|
(C) If there is probable cause to believe that
|
| the property is directly or indirectly dangerous to health or safety.
|
|
(D) If there is probable cause to believe that
|
| the property is subject to forfeiture under this subsection (f) and Article 124B of the Code of Criminal Procedure of 1963 and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable.
|
|
(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 5/17-8.5) 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 |
| of the property obtained or attempted to be obtained is $300 or less is a Class A misdemeanor.
|
|
(2) A violation of subsection (a) in which the value
|
| of the property obtained or attempted to be obtained is more than $300 but not more than $10,000 is a Class 3 felony.
|
|
(3) A violation of subsection (a) in which the value
|
| of the property obtained or attempted to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
|
|
(4) A violation of subsection (a) in which the value
|
| of the property obtained or attempted to be obtained is more than $100,000 is a Class 1 felony.
|
|
(5) A violation of subsection (b) is a Class 1
|
| felony, regardless of the value of the property obtained, attempted to be obtained, or caused to be obtained.
|
|
(6) The offense of being an organizer of an
|
| aggravated fraud conspiracy is a Class X felony.
|
|
(7) Notwithstanding Section 8-5 of this Code, a
|
| person may be convicted and sentenced both for the offense of conspiracy to commit fraud and for any other offense that is the object of the conspiracy.
|
|
(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
|
| Police, and the Department of Financial and Professional Regulation shall coordinate enforcement efforts relating to acts of fraud on a governmental entity.
|
|
(2) If a person who is licensed or registered under
|
| the laws of the State of Illinois to engage in a business or profession is convicted of or pleads guilty to engaging in an act of fraud on a governmental entity, the Illinois State Police must forward to each State agency by which the person is licensed or registered a copy of the conviction or plea and all supporting evidence.
|
|
(3) Any agency that receives information under this
|
| Section shall, not later than 6 months after the date on which it receives the information, publicly report the final action taken against the convicted person, including but not limited to the revocation or suspension of the license or any other disciplinary action taken.
|
|
(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 5/17-10.2) (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 |
|
(1) American Indian or Alaska Native (a person having
|
| origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
|
|
(2) Asian (a person having origins in any of the
|
| original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
|
|
(3) Black or African American (a person having
|
| origins in any of the black racial groups of Africa).
|
|
(4) Hispanic or Latino (a person of Cuban, Mexican,
|
| Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
|
|
(5) Native Hawaiian or Other Pacific Islander (a
|
| person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
|
|
"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a
|
| person qualifying as having a disability.
|
|
"Disability" means a severe physical or mental
|
| disability that: (1) results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disabilities, or end stage renal failure disease; and (2) substantially limits one or more of the person's major life activities.
|
|
"Minority owned business" means a business concern
|
| that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it.
|
|
"Female owned business" means a business concern that
|
| is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it.
|
|
"Business owned by a person with a disability" means
|
| a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".
|
|
"Governmental unit" means the State, a unit of local
|
| government, or school district.
|
|
(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 5/17-10.5)
Sec. 17-10.5. Insurance fraud. (a) Insurance fraud. (1) A person commits insurance fraud when he or she |
| knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of an insurance company or self-insured entity by the making of a false claim or by causing a false claim to be made on any policy of insurance issued by an insurance company or by the making of a false claim or by causing a false claim to be made to a self-insured entity, intending to deprive an insurance company or self-insured entity permanently of the use and benefit of that property.
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(2) A person commits health care benefits fraud
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| against a provider, other than a governmental unit or agency, when he or she knowingly obtains or attempts to obtain, by deception, health care benefits and that obtaining or attempt to obtain health care benefits does not involve control over property of the provider.
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(b) Aggravated insurance fraud.
(1) A person commits aggravated insurance fraud on a
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| private entity when he or she commits insurance fraud 3 or more times within an 18-month period arising out of separate incidents or transactions.
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(2) A person commits being an organizer of an
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| aggravated insurance fraud on a private entity conspiracy 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 person occupies a position of organizer, supervisor, financer, or other position of management within the conspiracy.
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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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| value of the property obtained, attempted to be obtained, or caused to be obtained is $300 or less is a Class A misdemeanor.
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(2) A violation of paragraph (a)(1) in which the
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| value of the property obtained, attempted to be obtained, or caused to be obtained is more than $300 but not more than $10,000 is a Class 3 felony.
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(3) A violation of paragraph (a)(1) in which the
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| value of the property obtained, attempted to be obtained, or caused to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
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(4) A violation of paragraph (a)(1) in which the
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| value of the property obtained, attempted to be obtained, or caused to be obtained is more than $100,000 is a Class 1 felony.
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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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| felony, regardless of the value of the property obtained, attempted to be obtained, or caused to be obtained.
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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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| fraud, or a federal criminal violation associated with defrauding the Medicaid program shall be ordered to pay monetary restitution to the insurance company or self-insured entity or any other person for any financial loss sustained as a result of a violation of this Section, including any court costs and attorney's fees. An order of restitution shall include expenses incurred and paid by the State of Illinois or an insurance company or self-insured entity in connection with any medical evaluation or treatment services.
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(9) Notwithstanding Section 8-5 of this Code, a
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| person may be convicted and sentenced both for the offense of conspiracy to commit insurance fraud or the offense of being an organizer of an aggravated insurance fraud conspiracy and for any other offense that is the object of the conspiracy.
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(e) Civil damages for insurance fraud.
(1) A person who knowingly obtains, attempts to
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| obtain, or causes to be obtained, by deception, control over the property of any insurance company by the making of a false claim or by causing a false claim to be made on a policy of insurance issued by an insurance company, or by the making of a false claim or by causing a false claim to be made to a self-insured entity, intending to deprive an insurance company or self-insured entity permanently of the use and benefit of that property, shall be civilly liable to the insurance company or self-insured entity that paid the claim or against whom the claim was made or to the subrogee of that insurance company or self-insured entity in an amount equal to either 3 times the value of the property wrongfully obtained or, if no property was wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, plus reasonable attorney's fees.
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(2) An insurance company or self-insured entity that
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| brings an action against a person under paragraph (1) of this subsection in bad faith shall be liable to that person for twice the value of the property claimed, plus reasonable attorney's fees. In determining whether an insurance company or self-insured entity acted in bad faith, the court shall relax the rules of evidence to allow for the introduction of any facts or other information on which the insurance company or self-insured entity may have relied in bringing an action under paragraph (1) of this subsection.
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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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| Police, and the Department of Financial and Professional Regulation shall coordinate enforcement efforts relating to acts of insurance fraud.
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(2) If a person who is licensed or registered under
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| the laws of the State of Illinois to engage in a business or profession is convicted of or pleads guilty to engaging in an act of insurance fraud, the Illinois State Police must forward to each State agency by which the person is licensed or registered a copy of the conviction or plea and all supporting evidence.
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(3) Any agency that receives information under this
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| Section shall, not later than 6 months after the date on which it receives the information, publicly report the final action taken against the convicted person, including but not limited to the revocation or suspension of the license or any other disciplinary action taken.
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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.)
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(720 ILCS 5/17-10.6) Sec. 17-10.6. Financial institution fraud. (a) Misappropriation of financial institution property. A person commits misappropriation of a financial institution's property whenever he or she knowingly obtains or exerts unauthorized control over any of the moneys, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution, or under the custody or care of any agent, officer, director, or employee of such financial institution. (b) Commercial bribery of a financial institution. (1) A person commits commercial bribery of a |
| financial institution when he or she knowingly confers or offers or agrees to confer any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with the intent to influence his or her conduct in relation to his or her employer's or principal's affairs.
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(2) An employee, agent, or fiduciary of a financial
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| institution commits commercial bribery of a financial institution when, without the consent of his or her employer or principal, he or she knowingly solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to his or her employer's or principal's affairs.
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(c) Financial institution fraud. A person commits financial institution fraud when he or she knowingly executes or attempts to execute a scheme or artifice:
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits,
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| assets, securities, or other property owned by or under the custody or control of a financial institution, by means of pretenses, representations, or promises he or she knows to be false.
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(d) Loan fraud. A person commits loan fraud when he or she knowingly, with intent to defraud, makes any false statement or report, or overvalues any land, property, or security, with the intent to influence in any way the action of a financial institution to act upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security.
(e) Concealment of collateral. A person commits concealment of collateral when he or she, with intent to defraud, knowingly conceals, removes, disposes of, or converts to the person's own use or to that of another any property mortgaged or pledged to or held by a financial institution.
(f) Financial institution robbery. A person commits robbery when he or she knowingly, by force or threat of force, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion, any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, a financial institution.
(g) Conspiracy to commit a financial crime.
(1) A person commits conspiracy to commit a financial
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| crime when, with the intent that any violation of this Section be committed, he or she agrees with another person to the commission of that offense.
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(2) No person may be convicted of conspiracy to
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| commit a financial crime unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by that person or by a co-conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity.
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(3) It shall not be a defense to conspiracy to commit
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| a financial crime that the person or persons with whom the accused is alleged to have conspired:
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(A) has not been prosecuted or convicted;
(B) has been convicted of a different offense;
(C) is not amenable to justice;
(D) has been acquitted; or
(E) lacked the capacity to commit the offense.
(h) Continuing financial crimes enterprise. A person commits a continuing financial crimes enterprise when he or she knowingly, within an 18-month period, commits 3 or more separate offenses constituting any combination of the following:
(1) an offense under this Section;
(2) a felony offense in violation of Section 16A-3 or
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| subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or
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(3) if involving a financial institution, any other
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| felony offense under this Code.
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(i) Organizer of a continuing financial crimes enterprise.
(1) A person commits being an organizer of a
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| continuing financial crimes enterprise when he or she:
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(A) with the intent to commit any offense, agrees
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| with another person to the commission of any combination of the following offenses on 3 or more separate occasions within an 18-month period:
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(i) an offense under this Section;
(ii) a felony offense in violation of Section
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| 16A-3 or subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or
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(iii) if involving a financial institution,
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| any other felony offense under this Code; and
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(B) with respect to the other persons within the
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| conspiracy, occupies a position of organizer, supervisor, or financier or other position of management.
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(2) The person with whom the accused agreed to commit
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| the 3 or more offenses under this Section, or, if involving a financial institution, any other felony offenses under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses.
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(j) Sentence.
(1) Except as otherwise provided in this subsection,
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| a violation of this Section, the full value of which:
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(A) does not exceed $500, is a Class A
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(B) does not exceed $500, and the person has been
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| previously convicted of a financial crime or any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion, is guilty of a Class 4 felony;
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(C) exceeds $500 but does not exceed $10,000, is
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(D) exceeds $10,000 but does not exceed $100,000,
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(E) exceeds $100,000 but does not exceed
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| $500,000, is a Class 1 felony;
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(F) exceeds $500,000 but does not exceed
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| $1,000,000, is a Class 1 non-probationable felony; when a charge of financial crime, the full value of which exceeds $500,000 but does not exceed $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $500,000;
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(G) exceeds $1,000,000, is a Class X felony; when
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| a charge of financial crime, the full value of which exceeds $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $1,000,000.
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(2) A violation of subsection (f) is a Class 1 felony.
(3) A violation of subsection (h) is a Class 1 felony.
(4) A violation for subsection (i) is a Class X
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(k) A "financial crime" means an offense described in this Section.
(l) Period of limitations. The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the offense is committed.
(m) Forfeiture. Any violation of subdivision (2) of subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to the remedies, procedures, and forfeiture as set forth in Article 29B of this Code.
Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
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(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 |
| artifice to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimated or held out to be such a counterfeit or spurious article; and
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(2) with the intent to execute such scheme or
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| artifice or to attempt to do so, does any of the following:
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(A) Places in any post office or authorized
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| depository for mail matter within this State any matter or thing to be delivered by the United States Postal Service, according to the direction on the matter or thing.
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(B) Deposits or causes to be deposited in this
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| State any matter or thing to be sent or delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
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(C) Takes or receives from mail or from a private
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| or commercial carrier any such matter or thing at the place at which it is directed to be delivered by the person to whom it is addressed.
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(D) Knowingly causes any such matter or thing to
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| be delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
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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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| to defraud or to obtain money or property by means of false pretenses, representations, or promises; and
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(2) for the purpose of executing the scheme or
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| artifice, transmits or causes to be transmitted any writings, signals, pictures, sounds, or electronic or electric impulses by means of wire, radio, or television communications:
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(A) from within this State;
or
(B) so that the transmission is received by a
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| person within this State; or
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(C) so that the transmission may be accessed by a
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| person within this State.
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(c) Jurisdiction.
(1) Mail fraud using a government or private carrier
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| occurs in the county in which mail or other matter is deposited with the United States Postal Service or a private commercial carrier for delivery, if deposited with the United States Postal Service or a private or commercial carrier within this State, and the county in which a person within this State receives the mail or other matter from the United States Postal Service or a private or commercial carrier.
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(2) Wire fraud occurs in the county from which a
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| transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission.
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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 .)
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(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 |
| knowingly, with the intent to defraud, concurs in any vote or act of the directors of the corporation, or any of them, which has the purpose of:
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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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| any stockholder any part of the capital stock of the corporation except in the manner provided by law;
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(C) discounting or receiving any note or other
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| evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with purpose of providing the means of making such payment;
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(D) receiving or discounting any note or other
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| evidence of debt with the purpose of enabling any stockholder to withdraw any part of the money paid in by him or her on his or her stock; or
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(E) applying any portion of the funds of such
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| corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law; or
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(2) being a director or officer of a corporation, he
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| or she, with the intent to defraud:
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(A) issues, participates in issuing, or concurs
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| in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;
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(B) sells, or agrees to sell, or is directly
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| interested in the sale of any share of stock of such corporation, or in any agreement to sell such stock, unless at the time of the sale or agreement he or she is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation;
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(C) executes a scheme or attempts to execute a
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| scheme to obtain any share of stock of such corporation by means of false representation; or
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(3) being a director or officer of a corporation, he
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| or she with the intent to defraud or evade a financial disclosure reporting requirement of this State or of Section 13(A) or 15(D) of the Securities Exchange Act of 1934, as amended, 15 U. S. C. 78M(A) or 78O(D):
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(A) causes or attempts to cause a corporation or
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| accounting firm representing the corporation or any other individual or entity to fail to file a financial disclosure report as required by State or federal law; or
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(B) causes or attempts to cause a corporation or
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| accounting firm representing the corporation or any other individual or entity to file a financial disclosure report, as required by State or federal law, that contains a material omission or misstatement of fact.
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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 .)
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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 |
| any part thereof, a computer network, or a program or data;
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(2) Accesses or causes to be accessed a computer or
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| any part thereof, a computer network, or a program or data, and obtains data or services;
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(3) Accesses or causes to be accessed a computer or
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| any part thereof, a computer network, or a program or data, and damages or destroys the computer or alters, deletes, or removes a computer program or data;
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(4) Inserts or attempts to insert a program into a
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| computer or computer program knowing or having reason to know that such program contains information or commands that will or may:
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(A) damage or destroy that computer, or any other
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| computer subsequently accessing or being accessed by that computer;
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(B) alter, delete, or remove a computer program
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| or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer; or
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(C) cause loss to the users of that computer or
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| the users of a computer which accesses or which is accessed by such program; or
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(5) Falsifies or forges electronic mail transmission
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| information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
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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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| of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
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(2) has only a limited commercially significant
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| purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
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(3) is marketed by that person or another acting in
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| concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
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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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| guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner;
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(2) the owner authorizes the public to access the
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| computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner; or
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(3) the person accesses the computer network in
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| compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
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(b) Sentence.
(1) A person who commits computer tampering as set
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| forth in subdivision (a)(1) or (a)(5) or subsection (a-5) of this Section is guilty of a Class B misdemeanor.
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(2) A person who commits computer tampering as set
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| forth in subdivision (a)(2) of this Section is guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.
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(3) A person who commits computer tampering as set
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| forth in subdivision (a)(3) or (a)(4) of this Section is guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.
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(4) If an injury arises from the transmission of
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| unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
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(5) If an injury arises from the transmission of
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| unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.
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(6) The provisions of this Section shall not be
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| construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
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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 5/21-1) (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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| without his or her consent;
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(5) knowingly deposits on the land or in the building
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| of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
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(6) knowingly damages any property, other than as
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| described in paragraph (2) of subsection (a) of Section 20-1, with intent to defraud an insurer;
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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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| injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or
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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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| or (6) is a Class A misdemeanor when the damage to property does not exceed $500.
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|
(C) A violation of paragraph (1), (2), (3), (5),
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| or (6) is a Class 4 felony when the damage to property does not exceed $500 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
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(D) A violation of paragraph (4) is a Class 4
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| felony when the damage to property does not exceed $10,000.
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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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| or (6) is a Class 4 felony when the damage to property exceeds $500 but does not exceed $10,000.
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|
(G) A violation of paragraphs (1) through (6) is
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| a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
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|
(H) A violation of paragraphs (1) through (6) is
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| a Class 3 felony when the damage to property exceeds $10,000 but does not exceed $100,000.
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|
(I) A violation of paragraphs (1) through (6) is
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| a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
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(J) A violation of paragraphs (1) through (6) is
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| a Class 2 felony when the damage to property exceeds $100,000. A violation of paragraphs (1) through (6) is a Class 1 felony when the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
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(2) When the damage to property exceeds $10,000, the
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| court shall impose upon the offender a fine equal to the value of the damages to the property.
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(3) In addition to any other sentence that may be
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| imposed, a court shall order any person convicted of criminal damage to property to perform community service for 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 offense was committed. 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.
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The community service requirement does not apply when
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| the court imposes a sentence of incarceration.
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(4) In addition to any criminal penalties imposed
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| for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed.
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(5) For the purposes of this subsection (d), "farm
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| equipment" means machinery or other equipment used in farming.
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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 5/21-3) (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 |
| remains within or on a building;
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(2) enters upon the land of another, after receiving,
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| prior to the entry, notice from the owner or occupant that the entry is forbidden;
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(3) remains upon the land of another, after receiving
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| notice from the owner or occupant to depart;
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(3.5) presents false documents or falsely represents
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| his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
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(3.7) intentionally removes a notice posted on
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| residential real estate as required by subsection (l) of Section 15-1505.8 of Article XV of the Code of Civil Procedure before the date and time set forth in the notice; or
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(4) enters a field used or capable of being used for
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| growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.
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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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| and the bottom of the mark shall be no less than 3 feet nor more than 5 feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or
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(2) A post capped or otherwise marked on at least its
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| top 2 inches. The bottom of the cap or mark shall be not less than 3 feet but not more than 5 feet 6 inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
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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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| exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.
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(2) No mortgagee or agent of the mortgagee shall be
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| liable to the mortgagor or other owner of an abandoned residential property in any civil action for negligence or civil trespass in connection with entering, securing, or maintaining the abandoned residential property.
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(3) For the purpose of this subsection (e-5) only,
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| "abandoned residential property" means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in Section 15-1200.5 of Article XV of the Code of Civil Procedure.
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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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| crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.
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"Owner" means the person who has the right to
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| possession of the land, including the owner, operator or tenant.
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"Vehicle" has the same meaning as provided under
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| Section 1-217 of the Illinois Vehicle Code.
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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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| Section 2-202 of the Code of Civil Procedure; or
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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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