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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 2012 is amended by changing | |||||||||||||||||||||
5 | Sections 16-1 and 16-25 as follows:
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6 | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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7 | Sec. 16-1. Theft.
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8 | (a) A person commits theft when he or she knowingly:
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9 | (1) Obtains or exerts unauthorized control over | |||||||||||||||||||||
10 | property of the
owner; or
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11 | (2) Obtains by deception control over property of the | |||||||||||||||||||||
12 | owner; or
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13 | (3) Obtains by threat control over property of the | |||||||||||||||||||||
14 | owner; or
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15 | (4) Obtains control over stolen property knowing the | |||||||||||||||||||||
16 | property to
have been stolen or under such circumstances as | |||||||||||||||||||||
17 | would
reasonably induce him or her to believe that the | |||||||||||||||||||||
18 | property was stolen; or
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19 | (5) Obtains or exerts control over property in the | |||||||||||||||||||||
20 | custody of any law
enforcement agency which any law | |||||||||||||||||||||
21 | enforcement officer or any individual acting in behalf of a | |||||||||||||||||||||
22 | law enforcement agency explicitly represents to the person | |||||||||||||||||||||
23 | as being stolen or represents to the person such |
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1 | circumstances as would reasonably induce the person to | ||||||
2 | believe that the property was stolen, and
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3 | (A) Intends to deprive the owner permanently of the | ||||||
4 | use or
benefit of the property; or
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5 | (B) Knowingly uses, conceals or abandons the | ||||||
6 | property in such
manner as to deprive the owner | ||||||
7 | permanently of such use or benefit; or
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8 | (C) Uses, conceals, or abandons the property | ||||||
9 | knowing such use,
concealment or abandonment probably | ||||||
10 | will deprive the owner permanently
of such use or | ||||||
11 | benefit.
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12 | (b) Sentence.
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13 | (1) Theft of property not from the person and
not | ||||||
14 | exceeding $2,000 $500 in value is a Class A misdemeanor.
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15 | (1.1) Theft of property not from the person and
not | ||||||
16 | exceeding $2,000 $500 in value is a Class 4 felony if the | ||||||
17 | theft was committed in a
school or place of worship or if | ||||||
18 | the theft was of governmental property.
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19 | (2) A person who has been convicted of theft of | ||||||
20 | property not from the
person and not exceeding
$2,000 $500 | ||||||
21 | in value who has been
previously convicted of felony any | ||||||
22 | type of theft , robbery, armed robbery,
burglary, | ||||||
23 | residential burglary, possession of burglary tools, home
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24 | invasion, forgery, a violation of Section 4-103, 4-103.1, | ||||||
25 | 4-103.2, or 4-103.3
of the Illinois Vehicle Code relating | ||||||
26 | to the possession of a stolen or
converted motor vehicle, |
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1 | or a violation of Section 17-36 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012, or Section 8 of the | ||||||
3 | Illinois Credit
Card and Debit Card Act is guilty of a | ||||||
4 | Class 4 felony.
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5 | (3) (Blank).
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6 | (4) Theft of property from the person not exceeding | ||||||
7 | $500 in value, or
theft of
property exceeding $2,000 $500 | ||||||
8 | and not exceeding $10,000 in value, is a
Class 3 felony.
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9 | (4.1) Theft of property from the person not exceeding | ||||||
10 | $500 in value, or
theft of property exceeding $2,000 $500 | ||||||
11 | and not exceeding $10,000 in value, is a Class
2 felony if | ||||||
12 | the theft was committed in a school or place of worship or | ||||||
13 | if the theft was of governmental property.
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14 | (5) Theft of property exceeding $10,000 and not | ||||||
15 | exceeding
$100,000 in value is a Class 2 felony.
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16 | (5.1) Theft of property exceeding $10,000 and not | ||||||
17 | exceeding $100,000 in
value is a Class 1 felony
if the | ||||||
18 | theft was committed in a school or place of worship or if | ||||||
19 | the theft was of governmental property.
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20 | (6) Theft of property exceeding $100,000 and not | ||||||
21 | exceeding $500,000 in
value is a Class 1 felony.
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22 | (6.1) Theft of property exceeding $100,000 in value is | ||||||
23 | a Class X felony
if the theft was committed in a school or | ||||||
24 | place of worship or if the theft was of governmental | ||||||
25 | property.
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26 | (6.2) Theft of property exceeding $500,000 and not |
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1 | exceeding $1,000,000 in value is a Class 1
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2 | non-probationable
felony.
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3 | (6.3) Theft of property exceeding $1,000,000 in value | ||||||
4 | is a Class X felony.
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5 | (7) Theft by deception, as described by paragraph (2) | ||||||
6 | of
subsection (a) of
this Section, in which the offender | ||||||
7 | obtained money or property valued at
$5,000 or more from a | ||||||
8 | victim 60 years of age or older is a Class 2 felony.
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9 | (8) Theft by deception, as described by paragraph (2) | ||||||
10 | of
subsection (a) of
this Section, in which the offender | ||||||
11 | falsely poses as a landlord or agent or employee of the | ||||||
12 | landlord and obtains a rent payment or a security deposit | ||||||
13 | from a tenant is a Class 3 felony if the rent payment or | ||||||
14 | security deposit obtained does not exceed $500. | ||||||
15 | (9) Theft by deception, as described by paragraph (2) | ||||||
16 | of
subsection (a) of
this Section, in which the offender | ||||||
17 | falsely poses as a landlord or agent or employee of the | ||||||
18 | landlord and obtains a rent payment or a security deposit | ||||||
19 | from a tenant is a Class 2 felony if the rent payment or | ||||||
20 | security deposit obtained exceeds $500 and does not exceed | ||||||
21 | $10,000. | ||||||
22 | (10) Theft by deception, as described by paragraph (2) | ||||||
23 | of
subsection (a) of
this Section, in which the offender | ||||||
24 | falsely poses as a landlord or agent or employee of the | ||||||
25 | landlord and obtains a rent payment or a security deposit | ||||||
26 | from a tenant is a Class 1 felony if the rent payment or |
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1 | security deposit obtained exceeds $10,000 and does not | ||||||
2 | exceed $100,000. | ||||||
3 | (11) Theft by deception, as described by paragraph (2) | ||||||
4 | of
subsection (a) of
this Section, in which the offender | ||||||
5 | falsely poses as a landlord or agent or employee of the | ||||||
6 | landlord and obtains a rent payment or a security deposit | ||||||
7 | from a tenant is a Class X felony if the rent payment or | ||||||
8 | security deposit obtained exceeds $100,000. | ||||||
9 | (c) When a charge of theft of property exceeding a | ||||||
10 | specified value
is brought, the value of the property involved | ||||||
11 | is an element of the offense
to be resolved by the trier of | ||||||
12 | fact as either exceeding or not exceeding
the specified value.
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13 | (d) Theft by lessee; permissive inference. The trier of | ||||||
14 | fact may infer evidence that a person intends to deprive the | ||||||
15 | owner permanently of the use or benefit of the property (1) if | ||||||
16 | a
lessee of the personal property of another fails to return it | ||||||
17 | to the
owner within 10 days after written demand from the owner | ||||||
18 | for its
return or (2) if a lessee of the personal property of | ||||||
19 | another fails to return
it to the owner within 24 hours after | ||||||
20 | written demand from the owner for its
return and the lessee had | ||||||
21 | presented identification to the owner that contained
a | ||||||
22 | materially fictitious name, address, or telephone number. A | ||||||
23 | notice in
writing, given after the expiration of the leasing | ||||||
24 | agreement, addressed and
mailed, by registered mail, to the | ||||||
25 | lessee at the address given by him and shown
on the leasing | ||||||
26 | agreement shall constitute proper demand. |
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1 | (e) Permissive inference; evidence of intent that a person | ||||||
2 | obtains by deception control over property. The trier of fact | ||||||
3 | may infer that a person
"knowingly obtains by deception control | ||||||
4 | over property of the owner" when he or she
fails to return, | ||||||
5 | within 45 days after written demand from the owner, the
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6 | downpayment and any additional payments accepted under a | ||||||
7 | promise, oral or
in writing, to perform services for the owner | ||||||
8 | for consideration of $3,000
or more, and the promisor knowingly | ||||||
9 | without good cause failed to
substantially perform pursuant to | ||||||
10 | the agreement after taking a down payment
of 10% or more of the | ||||||
11 | agreed upon consideration.
This provision shall not apply where | ||||||
12 | the owner initiated the suspension of
performance under the | ||||||
13 | agreement, or where the promisor responds to the
notice within | ||||||
14 | the 45-day notice period. A notice in writing, addressed and
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15 | mailed, by registered mail, to the promisor at the last known | ||||||
16 | address of
the promisor, shall constitute proper demand. | ||||||
17 | (f) Offender's interest in the property. | ||||||
18 | (1) It is no defense to a charge of theft of property | ||||||
19 | that the offender
has an interest therein, when the owner | ||||||
20 | also has an interest to which the
offender is not entitled. | ||||||
21 | (2) Where the property involved is that of the | ||||||
22 | offender's spouse, no
prosecution for theft may be | ||||||
23 | maintained unless the parties were not living
together as | ||||||
24 | man and wife and were living in separate abodes at the time | ||||||
25 | of
the alleged theft. | ||||||
26 | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; |
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1 | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | ||||||
2 | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, | ||||||
3 | eff. 1-25-13.) | ||||||
4 | (720 ILCS 5/16-25) | ||||||
5 | Sec. 16-25. Retail theft. | ||||||
6 | (a) A person commits retail theft when he or she knowingly:
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7 | (1) Takes possession of, carries away, transfers or | ||||||
8 | causes to be
carried away or transferred any merchandise | ||||||
9 | displayed, held, stored or
offered for sale in a retail | ||||||
10 | mercantile establishment with the intention
of retaining | ||||||
11 | such merchandise or with the intention of depriving the
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12 | merchant permanently of the possession, use or benefit of | ||||||
13 | such
merchandise without paying the full retail value of | ||||||
14 | such merchandise; or
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15 | (2) Alters, transfers, or removes any label, price tag, | ||||||
16 | marking,
indicia of value or any other markings which aid | ||||||
17 | in determining value
affixed to any merchandise displayed, | ||||||
18 | held, stored or offered for sale
in a retail mercantile | ||||||
19 | establishment and attempts to purchase such
merchandise at | ||||||
20 | less than the full
retail value with the intention of | ||||||
21 | depriving the merchant of the full
retail value of such | ||||||
22 | merchandise; or
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23 | (3) Transfers any merchandise displayed, held, stored | ||||||
24 | or offered for
sale in a retail mercantile establishment | ||||||
25 | from the container in or on
which such merchandise is |
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1 | displayed to any other container with the
intention of | ||||||
2 | depriving the merchant of the full retail value of such
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3 | merchandise; or
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4 | (4) Under-rings with the intention of depriving the | ||||||
5 | merchant of the
full retail value of the merchandise; or
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6 | (5) Removes a shopping cart from the premises of a | ||||||
7 | retail mercantile
establishment without the consent of the | ||||||
8 | merchant given at the time of
such removal with the | ||||||
9 | intention of depriving the merchant permanently of
the | ||||||
10 | possession, use or benefit of such cart; or
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11 | (6) Represents to a merchant that he, she, or another | ||||||
12 | is the lawful owner
of property, knowing that such | ||||||
13 | representation is false, and conveys or attempts
to convey | ||||||
14 | that property to a merchant who is the owner of the | ||||||
15 | property in
exchange for money, merchandise credit or other | ||||||
16 | property of the merchant; or
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17 | (7) Uses or possesses any theft detection shielding | ||||||
18 | device or theft
detection device remover with the intention | ||||||
19 | of using such device to deprive
the merchant permanently of | ||||||
20 | the possession, use or benefit of any
merchandise | ||||||
21 | displayed, held, stored or offered for sale in a retail
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22 | mercantile establishment without paying the full retail | ||||||
23 | value of such
merchandise; or
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24 | (8) Obtains or exerts unauthorized control over | ||||||
25 | property of the owner
and thereby intends to deprive the | ||||||
26 | owner permanently of the use or benefit
of the property |
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1 | when a lessee of the personal property of another fails to
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2 | return it to the owner, or if the lessee fails to pay the | ||||||
3 | full retail value
of such property to the lessor in | ||||||
4 | satisfaction of any contractual provision
requiring such, | ||||||
5 | within 10 days after written demand from the owner for its
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6 | return. A notice in writing, given after the expiration of | ||||||
7 | the leasing
agreement, by registered mail, to the lessee at | ||||||
8 | the address given by the
lessee and shown on the leasing | ||||||
9 | agreement shall constitute proper demand. | ||||||
10 | (b) Theft by emergency exit. A person commits theft by | ||||||
11 | emergency exit when he or she commits a retail theft as defined | ||||||
12 | in subdivisions (a)(1) through (a)(8) of this Section and to | ||||||
13 | facilitate the theft he or she leaves the retail mercantile | ||||||
14 | establishment by use of a designated emergency exit. | ||||||
15 | (c) Permissive inference. If any person:
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16 | (1) conceals upon his or her person or among his or her | ||||||
17 | belongings unpurchased
merchandise displayed, held, stored | ||||||
18 | or offered for sale in a retail
mercantile establishment; | ||||||
19 | and
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20 | (2) removes that merchandise beyond the last known | ||||||
21 | station for
receiving payments for that merchandise in that | ||||||
22 | retail mercantile
establishment, | ||||||
23 | then the trier of fact may infer that the person possessed, | ||||||
24 | carried
away or transferred such merchandise with the intention | ||||||
25 | of retaining it
or with the intention of depriving the merchant | ||||||
26 | permanently of the
possession, use or benefit of such |
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1 | merchandise without paying the full
retail value of such | ||||||
2 | merchandise. | ||||||
3 | To "conceal" merchandise means that, although there may be | ||||||
4 | some notice of its presence, that merchandise is not visible | ||||||
5 | through ordinary observation. | ||||||
6 | (d) Venue. Multiple thefts committed by the same person as | ||||||
7 | part of a continuing course of conduct in different | ||||||
8 | jurisdictions that have been aggregated in one jurisdiction may | ||||||
9 | be prosecuted in any jurisdiction in which one or more of the | ||||||
10 | thefts occurred. | ||||||
11 | (e) For the purposes of this Section, "theft detection | ||||||
12 | shielding device" means any laminated or coated bag or device | ||||||
13 | designed and intended to shield merchandise from detection by | ||||||
14 | an electronic or magnetic theft alarm sensor. | ||||||
15 | (f) Sentence. | ||||||
16 | (1) A violation of any of subdivisions (a)(1) through | ||||||
17 | (a)(6) and (a)(8) of this Section, the full retail
value of | ||||||
18 | which does not exceed $2,000 $300 for property other than | ||||||
19 | motor fuel or $150 for motor fuel, is a Class A | ||||||
20 | misdemeanor. A violation of subdivision (a)(7) of this | ||||||
21 | Section is a Class A misdemeanor for a first offense and a | ||||||
22 | Class 4 felony for a second or subsequent offense. Theft by | ||||||
23 | emergency exit of property, the full retail
value of which | ||||||
24 | does not exceed $2,000 $300 , is a Class 4 felony.
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25 | (2) A person who has been convicted of retail theft of | ||||||
26 | property under any of subdivisions (a)(1) through (a)(6) |
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1 | and (a)(8) of this Section, the
full retail value of which | ||||||
2 | does not exceed $2,000 $300 for property other than motor | ||||||
3 | fuel or $150 for motor fuel, and who has been
previously | ||||||
4 | convicted of any type of theft, robbery, armed robbery,
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5 | burglary, residential burglary, possession of burglary | ||||||
6 | tools, home
invasion, unlawful use of a credit card, or | ||||||
7 | forgery is guilty of a Class 4 felony. A person who has | ||||||
8 | been convicted of theft by emergency exit of property, the
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9 | full retail value of which does not exceed $2,000 $300 , and | ||||||
10 | who has been
previously convicted of felony any type of | ||||||
11 | theft , robbery, armed robbery,
burglary, residential | ||||||
12 | burglary, possession of burglary tools, home
invasion, | ||||||
13 | unlawful use of a credit card, or forgery is guilty of a | ||||||
14 | Class 3 felony.
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15 | (3) Any retail theft of property under any of | ||||||
16 | subdivisions (a)(1) through (a)(6) and (a)(8) of this | ||||||
17 | Section, the full retail value of
which exceeds $2,000 $300 | ||||||
18 | for property other than motor fuel or $150 for motor fuel | ||||||
19 | in a single transaction, or in separate transactions | ||||||
20 | committed by the same person as part of a continuing course | ||||||
21 | of conduct from one or more mercantile establishments over | ||||||
22 | a period of one year, is a Class 3 felony.
Theft by | ||||||
23 | emergency exit of property, the full retail value of
which | ||||||
24 | exceeds $2,000 $300 in a single transaction, or in separate | ||||||
25 | transactions committed by the same person as part of a | ||||||
26 | continuing course of conduct from one or more mercantile |
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1 | establishments over a period of one year, is a Class 2 | ||||||
2 | felony. When a charge of retail theft of property or theft | ||||||
3 | by emergency exit of property, the full value of which
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4 | exceeds $2,000 $300 , is brought, the value of the property | ||||||
5 | involved is an element
of the offense to be resolved by the | ||||||
6 | trier of fact as either exceeding or
not exceeding $2,000 | ||||||
7 | $300 .
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8 | (Source: P.A. 97-597, eff. 1-1-12.)
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