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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-20 as follows:
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6 | (720 ILCS 5/16G-20)
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7 | Sec. 16G-20. Aggravated identity theft.
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8 | (a) A person commits the offense of aggravated identity | ||||||
9 | theft
when he or she commits the offense of identity theft as | ||||||
10 | set forth
in subsection (a) of Section 16G-15 : | ||||||
11 | (1) against a person 60 years
of age or older or a | ||||||
12 | disabled person as defined in Section 16-1.3 of this
Code ; | ||||||
13 | or | ||||||
14 | (2) in furtherance of the activities of an organized | ||||||
15 | gang .
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16 | For purposes of this Section, "organized gang" has the | ||||||
17 | meaning ascribed to that term in Section 10 of the Illinois | ||||||
18 | Streetgang Terrorism Omnibus Prevention Act.
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19 | (b) Knowledge shall be determined by an evaluation of all | ||||||
20 | circumstances
surrounding the use of the other
person's | ||||||
21 | identifying information or document.
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22 | (c) When a charge of aggravated identity theft of credit,
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23 | money,
goods, services, or other
property exceeding a specified |
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1 | value is brought the value of the credit, money,
goods, | ||||||
2 | services, or other
property is an element of the offense to be | ||||||
3 | resolved by the trier of fact as
either exceeding or not | ||||||
4 | exceeding
the specified value.
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5 | (d) A defense to aggravated identity theft under paragraph | ||||||
6 | (a)(1) does not exist
merely
because the accused
reasonably | ||||||
7 | believed the victim to be a person less than 60 years of age.
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8 | (e) Sentence.
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9 | (1) Aggravated identity theft of credit, money, goods,
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10 | services,
or other property not exceeding
$300 in value is | ||||||
11 | a Class 3 felony.
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12 | (2) Aggravated identity theft of credit, money, goods,
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13 | services,
or other property exceeding $300
and not | ||||||
14 | exceeding $10,000 in value is a Class 2 felony.
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15 | (3) Aggravated identity theft of credit, money, goods,
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16 | services,
or other property exceeding $10,000 in value and | ||||||
17 | not exceeding $100,000 in
value is a Class 1 felony.
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18 | (4) Aggravated identity theft of credit, money, goods,
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19 | services,
or other property exceeding
$100,000 in value is | ||||||
20 | a Class X felony.
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21 | (5) A person who has been previously convicted of | ||||||
22 | aggravated
identity theft regardless of the
value of the | ||||||
23 | property involved who is convicted of a second or | ||||||
24 | subsequent
offense of aggravated
identity theft regardless | ||||||
25 | of the value of the property involved is guilty of a
Class | ||||||
26 | X felony.
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1 | (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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