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| Public Act 094-0039 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 16G-15 and 16G-20 as follows:
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(720 ILCS 5/16G-15)
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Sec. 16G-15. Identity theft.
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(a) A person commits the offense of identity theft when he | ||||
or
she
knowingly:
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(1) uses any personal
identifying information or | ||||
personal identification document of another
person to | ||||
fraudulently obtain credit, money, goods, services, or | ||||
other
property, or
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(2) uses any personal identification information or | ||||
personal
identification document of another with intent to | ||||
commit any felony theft
or other felony violation of State | ||||
law not set forth in
paragraph (1) of this subsection (a), | ||||
or
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(3) obtains, records, possesses, sells, transfers, | ||||
purchases, or
manufactures any personal identification | ||||
information or personal
identification document of another | ||||
with intent to commit or to aid or abet
another in | ||||
committing any felony theft or other felony violation of
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State law, or
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(4) uses, obtains, records, possesses, sells, | ||||
transfers, purchases,
or manufactures any personal | ||||
identification information or
personal identification | ||||
document of another knowing that such
personal | ||||
identification information or personal identification
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documents were stolen or produced without lawful | ||||
authority, or
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(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 theft or other
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felony violation of State law.
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(b) Knowledge shall be determined by an evaluation of all | ||
circumstances
surrounding the use of the other
person's | ||
identifying information or document.
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(c) When a charge of 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
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specified value.
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(d) Sentence.
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(1) A person convicted of identity theft in violation | ||
of paragraph (1)
of subsection (a) shall be sentenced as | ||
follows:
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(A) identity theft of credit, money, goods, | ||
services, or
other
property not exceeding $300 in
value | ||
is a Class 4 felony
A misdemeanor. 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
4 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
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financial exploitation of an elderly or disabled | ||
person is guilty of a Class 3
4
felony. When a person | ||
has any
such prior conviction, the information or | ||
indictment charging that person shall
state the prior | ||
conviction so
as to give notice of the State's | ||
intention to treat the charge as a Class 3 felony. The
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fact of the prior conviction is
not an element of the | ||
offense and may not be disclosed to the jury during | ||
trial
unless otherwise permitted
by issues properly | ||
raised during the trial.
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(B) Identity theft of credit, money, goods,
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services, or other
property exceeding $300 and not
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exceeding $2,000 in value is a Class 3
4 felony.
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(C) Identity theft of credit, money, goods,
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services, or other
property exceeding $2,000 and not
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exceeding $10,000 in value is a Class 2
3 felony.
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(D) Identity theft of credit, money, goods,
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services, or other
property exceeding $10,000 and
not | ||
exceeding $100,000 in value is a Class 1
2 felony.
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(E) Identity theft of credit, money, goods,
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services, or
other property exceeding $100,000 in
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value is a Class X
1 felony.
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(2) A person convicted of any offense enumerated in | ||
paragraphs
(2) through (5) of subsection (a) is guilty of a | ||
Class 3
4 felony.
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(3) A person convicted of any offense enumerated in | ||
paragraphs
(2) through (5) of subsection (a) a second or | ||
subsequent time is
guilty of a Class 2
3 felony.
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(4) A person who, within a 12 month period, is found in | ||
violation
of any offense enumerated in paragraphs (2) | ||
through (5) of
subsection (a) with respect to the | ||
identifiers of 3 or more
separate individuals, at the same | ||
time or consecutively, is guilty
of a Class 2
3 felony.
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(Source: P.A. 92-792, eff. 8-6-02; 93-401, eff. 7-31-03.)
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(720 ILCS 5/16G-20)
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Sec. 16G-20. Aggravated identity theft.
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(a) A person commits the offense of aggravated identity | ||
theft
when he or she commits the offense of identity theft as | ||
set forth
in subsection (a) of Section 16G-15 against a person | ||
60 years
of age or older or a disabled person as defined in | ||
Section 16-1.3 of this
Code.
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(b) Knowledge shall be determined by an evaluation of all | ||
circumstances
surrounding the use of the other
person's | ||
identifying information or document.
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(c) When a charge of aggravated identity theft of credit,
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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.
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(d) A defense to aggravated identity theft does not exist
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merely
because the accused
reasonably believed the victim to be | ||
a person less than 60 years of age.
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(e) Sentence.
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(1) Aggravated identity theft of credit, money, goods,
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services,
or other property not exceeding
$300 in value is | ||
a Class 3
4 felony.
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(2) Aggravated identity theft of credit, money, goods,
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services,
or other property exceeding $300
and not | ||
exceeding $10,000 in value is a Class 2
3 felony.
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(3) Aggravated identity theft of credit, money, goods,
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services,
or other property exceeding $10,000 in value and | ||
not exceeding $100,000 in
value is a Class 1
2 felony.
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(4) Aggravated identity theft of credit, money, goods,
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services,
or other property exceeding
$100,000 in value is | ||
a Class X
1 felony.
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(5) 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.
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(Source: P.A. 93-401, eff. 7-31-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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