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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 16G-15 as follows:
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6 | (720 ILCS 5/16G-15)
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7 | Sec. 16G-15. Identity theft.
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8 | (a) A person commits the offense of identity theft when he | ||||||
9 | or
she
knowingly:
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10 | (1) uses any personal
identifying information or | ||||||
11 | personal identification document of another
person to | ||||||
12 | fraudulently obtain credit, money, goods, services, or | ||||||
13 | other
property, or
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14 | (2) uses any personal identification information or | ||||||
15 | personal
identification document of another with intent to | ||||||
16 | commit any felony theft
or other felony violation of State | ||||||
17 | law not set forth in
paragraph (1) of this subsection (a), | ||||||
18 | or
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19 | (3) obtains, records, possesses, sells, transfers, | ||||||
20 | purchases, or
manufactures any personal identification | ||||||
21 | information or personal
identification document of another | ||||||
22 | with intent to commit or to aid or abet
another in | ||||||
23 | committing any felony theft or other felony violation of
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24 | State law, or
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25 | (4) uses, obtains, records, possesses, sells, | ||||||
26 | transfers, purchases,
or manufactures any personal | ||||||
27 | identification information or
personal identification | ||||||
28 | document of another knowing that such
personal | ||||||
29 | identification information or personal identification
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30 | documents were stolen or produced without lawful | ||||||
31 | authority, or
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32 | (5) uses, transfers, or possesses document-making |
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1 | implements to
produce false identification or false | ||||||
2 | documents with knowledge that
they will be used by the | ||||||
3 | person or another to commit any felony theft or other
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4 | felony violation of State law.
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5 | (b) Knowledge shall be determined by an evaluation of all | ||||||
6 | circumstances
surrounding the use of the other
person's | ||||||
7 | identifying information or document.
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8 | (c) When a charge of identity theft of credit, money, | ||||||
9 | goods,
services, or other property
exceeding a specified value | ||||||
10 | is brought the value of the credit, money, goods,
services, or | ||||||
11 | other property is
an element of the offense to be resolved by | ||||||
12 | the trier of fact as either
exceeding or not exceeding the
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13 | specified value.
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14 | (d) Sentence.
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15 | (1) A person convicted of identity theft in violation | ||||||
16 | of paragraph (1)
of subsection (a) shall be sentenced as | ||||||
17 | follows:
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18 | (A) identity theft of credit, money, goods, | ||||||
19 | services, or
other
property not exceeding $300 in
value | ||||||
20 | is a Class 4 felony. A person who has been previously | ||||||
21 | convicted of
identity theft of
less than $300 who is | ||||||
22 | convicted of a second or subsequent offense of
identity | ||||||
23 | theft of less than
$300 is guilty of a Class 3 felony. | ||||||
24 | A person who has been convicted of identity
theft of | ||||||
25 | less than
$300 who has been previously convicted of any | ||||||
26 | type of theft, robbery, armed
robbery, burglary, | ||||||
27 | residential
burglary, possession of burglary tools, | ||||||
28 | home invasion, home repair fraud,
aggravated home | ||||||
29 | repair fraud, or
financial exploitation of an elderly | ||||||
30 | or disabled person is guilty of a Class 3
felony. When | ||||||
31 | a person has any
such prior conviction, the information | ||||||
32 | or indictment charging that person shall
state the | ||||||
33 | prior conviction so
as to give notice of the State's | ||||||
34 | intention to treat the charge as a Class 3 felony. The
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35 | fact of the prior conviction is
not an element of the | ||||||
36 | offense and may not be disclosed to the jury during |
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1 | trial
unless otherwise permitted
by issues properly | ||||||
2 | raised during the trial.
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3 | (B) Identity theft of credit, money, goods,
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4 | services, or other
property exceeding $300 and not
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5 | exceeding $2,000 in value is a Class 3 felony.
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6 | (C) Identity theft of credit, money, goods,
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7 | services, or other
property exceeding $2,000 and not
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8 | exceeding $10,000 in value is a Class 2 felony.
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9 | (D) Identity theft of credit, money, goods,
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10 | services, or other
property exceeding $10,000 and
not | ||||||
11 | exceeding $100,000 in value is a Class 1 felony.
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12 | (E) Identity theft of credit, money, goods,
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13 | services, or
other property exceeding $100,000 in
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14 | value is a Class X felony.
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15 | (2) A person convicted of any offense enumerated in | ||||||
16 | paragraphs
(2) through (5) of subsection (a) is guilty of a | ||||||
17 | Class 3 felony.
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18 | (3) A person convicted of any offense enumerated in | ||||||
19 | paragraphs
(2) through (5) of subsection (a) a second or | ||||||
20 | subsequent time is
guilty of a Class 2 felony.
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21 | (4) A person who, within a 12 month period, is found in | ||||||
22 | violation
of any offense enumerated in paragraphs (2) | ||||||
23 | through (5) of
subsection (a) with respect to the | ||||||
24 | identifiers of 3 or more
separate individuals, at the same | ||||||
25 | time or consecutively, is guilty
of a Class 2 felony.
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26 | (5) A person convicted of identity theft in violation | ||||||
27 | of paragraph (2) of subsection (a) who uses any personal | ||||||
28 | identification information or personal
identification | ||||||
29 | document of another to purchase methamphetamine | ||||||
30 | manufacturing material as defined in Section 10 of the | ||||||
31 | Methamphetamine Control and Community Protection Act with | ||||||
32 | the intent to unlawfully manufacture methamphetamine is | ||||||
33 | guilty of a Class 2 felony for a first offense and a Class | ||||||
34 | 1 felony for a second or subsequent offense.
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35 | (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
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