Public Act 101-0324
 
SB1294 EnrolledLRB101 06266 SLF 51292 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 2012 is amended  by changing 
Section 16-30 as follows:
 
    (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 identification 
    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 
    identification 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 identification information or
personal 
    identification document of another knowing that such

    personal identifying identification 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 identification 
    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 identification information or personal 
    identification document of that person, without the prior 
    express permission of that person;
        (7) uses any personal identifying identification 
    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 
    gang. 
    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 identification 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 
        identification 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. 99-143, eff. 7-27-15.)