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(A) Intends to deprive the owner permanently of the |
use or
benefit of the property; or
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(B) Knowingly uses, conceals or abandons the |
property in such
manner as to deprive the owner |
permanently of such use or benefit; or
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(C) Uses, conceals, or abandons the property |
knowing such use,
concealment or abandonment probably |
will deprive the owner permanently
of such use or |
benefit.
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(b) Sentence.
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(1) Theft of property not from the person and
not |
exceeding $300 in value is a Class A misdemeanor.
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(1.1) Theft of property not from the person and
not |
exceeding $300 in value is a Class 4 felony if the theft |
was committed in a
school or place of worship or if the |
theft was of governmental property.
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(2) A person who has been convicted of theft of |
property not from the
person and not exceeding
$300 in |
value who has been
previously convicted of any type of |
theft, robbery, armed robbery,
burglary, residential |
burglary, possession of burglary tools, home
invasion, |
forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or |
4-103.3
of the Illinois Vehicle Code relating to the |
possession of a stolen or
converted motor vehicle, or a |
violation of Section 8 of the Illinois Credit
Card and |
Debit Card Act is guilty of a Class 4 felony. When a person |
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has any
such prior
conviction, the information or |
indictment charging that person shall state
such prior |
conviction so as to give notice of the State's intention to
|
treat the charge as a felony. The fact of such 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 such trial.
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(3) (Blank).
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(4) Theft of property from the person not exceeding |
$300 in value, or
theft of
property exceeding $300 and not |
exceeding $10,000 in value, is a
Class 3 felony.
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(4.1) Theft of property from the person not exceeding |
$300 in value, or
theft of property exceeding $300 and not |
exceeding $10,000 in value, is a Class
2 felony if the |
theft was committed in a school or place of worship or if |
the theft was of governmental property.
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(5) Theft of property exceeding $10,000 and not |
exceeding
$100,000 in value is a Class 2 felony.
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(5.1) Theft of property exceeding $10,000 and not |
exceeding $100,000 in
value is a Class 1 felony
if the |
theft was committed in a school or place of worship or if |
the theft was of governmental property.
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(6) Theft of property exceeding $100,000 and not |
exceeding $500,000 in
value is a Class 1 felony.
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(6.1) Theft of property exceeding $100,000 in value is |
a Class X felony
if the theft was committed in a school or |
|
place of worship or if the theft was of governmental |
property.
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(6.2) Theft of property exceeding $500,000 in value is |
a Class 1
non-probationable
felony.
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(7) Theft by deception, as described by paragraph (2) |
of
subsection (a) of
this Section, in which the offender |
obtained money or property valued at
$5,000 or more from a |
victim 60 years of age or older is a Class 2 felony.
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(8) Theft by deception, as described by paragraph (2) |
of
subsection (a) of
this Section, in which the offender |
falsely poses as a landlord or agent or employee of the |
landlord and obtains a rent payment or a security deposit |
from a tenant is a Class 3 felony if the rent payment or |
security deposit obtained does not exceed $300. |
(9) Theft by deception, as described by paragraph (2) |
of
subsection (a) of
this Section, in which the offender |
falsely poses as a landlord or agent or employee of the |
landlord and obtains a rent payment or a security deposit |
from a tenant is a Class 2 felony if the rent payment or |
security deposit obtained exceeds $300 and does not exceed |
$10,000. |
(10) Theft by deception, as described by paragraph (2) |
of
subsection (a) of
this Section, in which the offender |
falsely poses as a landlord or agent or employee of the |
landlord and obtains a rent payment or a security deposit |
from a tenant is a Class 1 felony if the rent payment or |
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security deposit obtained exceeds $10,000 and does not |
exceed $100,000. |
(11) Theft by deception, as described by paragraph (2) |
of
subsection (a) of
this Section, in which the offender |
falsely poses as a landlord or agent or employee of the |
landlord and obtains a rent payment or a security deposit |
from a tenant is a Class X felony if the rent payment or |
security deposit obtained exceeds $100,000. |
(c) When a charge of theft of property exceeding a |
specified value
is brought, the value of the property involved |
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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(Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
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