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Public Act 095-0199
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| HB0449 Enrolled |
LRB095 04094 RLC 24132 b |
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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 |
Section 16G-20 as follows:
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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: |
(1) against a person 60 years
of age or older or a |
disabled person as defined in Section 16-1.3 of this
Code; |
or |
(2) in furtherance of the activities of an organized |
gang.
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For purposes of this Section, "organized gang" has the |
meaning ascribed to that term in Section 10 of the Illinois |
Streetgang Terrorism Omnibus Prevention Act.
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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 |
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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 under paragraph |
(a)(1) does not exist
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 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 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 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 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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