| ||||
| Public Act 096-1301 | ||||
| ||||
| ||||
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 1961 is amended by changing | ||||
Sections 16-1, 16A-2.2, 16A-10, 16H-60, and 16J-25 and by | ||||
adding Sections 16A-2.14 and 16A-11 as follows:
| ||||
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| ||||
Sec. 16-1. Theft.
| ||||
(a) A person commits theft when he knowingly:
| ||||
(1) Obtains or exerts unauthorized control over | ||||
property of the
owner; or
| ||||
(2) Obtains by deception control over property of the | ||||
owner; or
| ||||
(3) Obtains by threat control over property of the | ||||
owner; or
| ||||
(4) Obtains control over stolen property knowing the | ||||
property to
have been stolen or under such circumstances as | ||||
would
reasonably induce him to believe that the property | ||||
was stolen; or
| ||||
(5) Obtains or exerts control over property in the | ||||
custody of any law
enforcement agency which is explicitly | ||||
represented to him by any law
enforcement officer or any | ||||
individual acting in behalf of a law enforcement
agency as | ||||
being stolen, and
| ||
(A) Intends to deprive the owner permanently of the | ||
use or
benefit of the property; or
| ||
(B) Knowingly uses, conceals or abandons the | ||
property in such
manner as to deprive the owner | ||
permanently of such use or benefit; or
| ||
(C) Uses, conceals, or abandons the property | ||
knowing such use,
concealment or abandonment probably | ||
will deprive the owner permanently
of such use or | ||
benefit.
| ||
(b) Sentence.
| ||
(1) Theft of property not from the person and
not | ||
exceeding $500 $300 in value is a Class A misdemeanor.
| ||
(1.1) Theft of property not from the person and
not | ||
exceeding $500 $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.
| ||
(2) A person who has been convicted of theft of | ||
property not from the
person and not exceeding
$500 $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 | ||
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.
| ||
(3) (Blank).
| ||
(4) Theft of property from the person not exceeding | ||
$500 $300 in value, or
theft of
property exceeding $500 | ||
$300 and not exceeding $10,000 in value, is a
Class 3 | ||
felony.
| ||
(4.1) Theft of property from the person not exceeding | ||
$500 $300 in value, or
theft of property exceeding $500 | ||
$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.
| ||
(5) Theft of property exceeding $10,000 and not | ||
exceeding
$100,000 in value is a Class 2 felony.
| ||
(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.
| ||
(6) Theft of property exceeding $100,000 and not | ||
exceeding $500,000 in
value is a Class 1 felony.
| ||
(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.
| ||
(6.2) Theft of property exceeding $500,000 and not | ||
exceeding $1,000,000 in value is a Class 1
| ||
non-probationable
felony.
| ||
(6.3) Theft of property exceeding $1,000,000 in value | ||
is a Class X felony.
| ||
(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.
| ||
(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 $500 $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 $500 $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 | ||
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.
| ||
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | ||
revised 10-9-09.)
| ||
(720 ILCS 5/16A-2.2) (from Ch. 38, par. 16A-2.2)
| ||
Sec. 16A-2.2.
"Full retail value Retail Value" means the | ||
merchant's stated
or advertised price of the merchandise. "Full | ||
retail value" includes the aggregate value of property obtained | ||
from retail thefts committed by the same person as part of a | ||
continuing course of conduct from one or more mercantile | ||
establishments in a single transaction or in separate | ||
transactions over a period of one year.
| ||
(Source: P.A. 79-840.)
| ||
(720 ILCS 5/16A-2.14 new) | ||
Sec. 16A-2.14. Continuing course of conduct. "Continuing | ||
course of conduct" means a series of acts, and the accompanying | ||
mental state necessary for the crime in question, irrespective | ||
of whether the series of acts are continuous or intermittent.
| ||
(720 ILCS 5/16A-10) (from Ch. 38, par. 16A-10)
| ||
Sec. 16A-10. Sentence. | ||
(1) Retail theft of property, the full retail
value of | ||
which does not exceed $300 $150, is a Class A misdemeanor. | ||
Theft by emergency exit of property, the full retail
value of | ||
which does not exceed $300 $150, is a Class 4 felony.
| ||
(2) A person who has been convicted of retail theft of | ||
property, the
full retail value of which does not exceed $300 | ||
$150, and who has been
previously convicted of any type of | ||
theft, robbery, armed robbery,
burglary, residential burglary, | ||
possession of burglary tools or home
invasion is guilty of a | ||
Class 4 felony. A person who has been convicted of theft by | ||
emergency exit of property, the
full retail value of which does | ||
not exceed $300 $150, and who has been
previously convicted of | ||
any type of theft, robbery, armed robbery,
burglary, | ||
residential burglary, possession of burglary tools or home
| ||
invasion is guilty of a Class 3 felony. When a person 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 of retail | ||
theft 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.
| ||
(3) Any retail theft of property, the full retail value of
| ||
which exceeds $300 in a single transaction, or in separate | ||
transactions committed by the same person as part of a | ||
continuing course of conduct from one or more mercantile | ||
establishments over a period of one year $150, is a Class 3 | ||
felony.
Theft by emergency exit of property, the full retail | ||
value of
which exceeds $300 in a single transaction, or in | ||
separate transactions committed by the same person as part of a | ||
continuing course of conduct from one or more mercantile | ||
establishments over a period of one year $150, is a Class 2 | ||
felony. When a charge of retail theft of property or theft by | ||
emergency exit of property, the full value of which
exceeds | ||
$300 $150, 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 $300 $150.
| ||
(Source: P.A. 94-449, eff. 8-4-05.)
| ||
(720 ILCS 5/16A-11 new) | ||
Sec. 16A-11. Venue. Multiple thefts committed by the same | ||
person as part of a continuing course of conduct in different | ||
jurisdictions that have been aggregated in one jurisdiction may | ||
be prosecuted in any jurisdiction in which one or more of the | ||
thefts occurred.
| ||
(720 ILCS 5/16H-60)
| ||
Sec. 16H-60. Sentence.
| ||
(a) A financial crime, the full value of which does not | ||
exceed $500 $300, is
a Class A misdemeanor.
| ||
(b) A person who has been convicted of a financial crime, | ||
the full
value of which does not exceed $500 $300, and who has | ||
been previously
convicted of a financial crime or any type of | ||
theft, robbery, armed robbery,
burglary, residential burglary, | ||
possession of burglary tools, or home
invasion, is guilty of a | ||
Class 4 felony. When a person has 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.
| ||
(c) A financial crime, the full value of which exceeds $500 | ||
$300 but does
not exceed $10,000, is a Class 3 felony. When a | ||
charge of financial crime,
the full value of which exceeds $500 | ||
$300 but does not exceed $10,000, is
brought, the value of the | ||
financial crime involved is an element of the
offense to be | ||
resolved by the trier of fact as either exceeding or not
| ||
exceeding $500 $300.
| ||
(d) A financial crime, the full value of which exceeds | ||
$10,000 but
does not exceed $100,000, is a Class 2 felony. When | ||
a charge of financial
crime, the full value of which exceeds | ||
$10,000 but does not exceed
$100,000, is brought, the value of | ||
the financial crime involved is an element
of the offense to be | ||
resolved by the trier of fact as either exceeding or not
| ||
exceeding $10,000.
| ||
(e) A financial crime, the full value of which exceeds | ||
$100,000, is a Class
1 felony.
When a charge of financial | ||
crime, the full value of which exceeds $100,000,
is brought, | ||
the value of the financial crime involved is an element of the
| ||
offense to be resolved by the trier of fact as either exceeding | ||
or not
exceeding $100,000.
| ||
(f) A financial crime which is a financial institution | ||
robbery is a
Class 1 felony.
| ||
(g) A financial crime which is a continuing financial | ||
crimes
enterprise is a Class 1 felony.
| ||
(h) A financial crime which is the offense of being an | ||
organizer of a
continuing financial crimes enterprise is a | ||
Class X felony.
| ||
(i) (Blank).
| ||
(Source: P.A. 96-534, eff. 8-14-09.)
| ||
(720 ILCS 5/16J-25)
| ||
Sec. 16J-25. Sentence. A violation of this Article is a | ||
Class 4 felony if the full retail value of the stolen property | ||
or property obtained by deception does not exceed $300 $150. A | ||
violation of this Article is a Class 2 felony if the full | ||
retail value of the stolen property or property obtained by | ||
deception exceeds $300 $150.
| ||
(Source: P.A. 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.)
| ||
Section 10. The Telephone Charge Fraud Act is amended by | ||
changing Section 1 as follows:
| ||
(720 ILCS 365/1) (from Ch. 134, par. 15c)
| ||
Sec. 1.
Any individual, corporation, or other person, who, | ||
with intent to
defraud or to aid and abet another to defraud | ||
any individual, corporation, or
other person, of the lawful | ||
charge, in whole or in part, for any
telecommunications | ||
service, shall obtain, or attempt to obtain, or aid and abet
| ||
another to obtain or to attempt to obtain, any | ||
telecommunications service:
| ||
(a) by charging such service to an existing telephone | ||
number or credit
card number without the authority of the | ||
subscriber thereto or the legitimate
holder thereof, or,
| ||
(b) charging such service to a nonexistent, false, | ||
fictitious, or
counterfeit telephone number or credit card | ||
number or to a suspended,
terminated, expired, cancelled, or | ||
revoked telephone number or credit card
number, or,
| ||
(c) by use of a code, prearranged scheme, or other similar | ||
stratagem or
device whereby said person, in effect, sends or | ||
receives information, or,
| ||
(d) by installing, rearranging, or tampering with any | ||
facilities or
equipment, whether physically, inductively, | ||
acoustically, electronically,
or,
| ||
(e) by publishing the number or code of an existing, | ||
canceled, revoked
or nonexistent telephone number, credit | ||
number or other credit device or
method of numbering or coding | ||
which is employed in the issuance of
telephone numbers, credit | ||
numbers or other credit devices which may be used
to avoid the | ||
payment of any lawful telephone toll charge, or,
| ||
(f) by publishing plans, diagrams or methods for the | ||
construction,
assembly or usage of any device, instrument or | ||
gadget which may be used to
avoid the payment of any lawful | ||
telephone toll charge, or,
| ||
(g) by any other trick, stratagem, impersonation, false | ||
pretense, false
representation, false statement, contrivance, | ||
device, or means, shall be
deemed guilty of a Class A | ||
Misdemeanor; provided, however, that (a) a second
conviction of | ||
an offense under this Section, (b) commission of an offense for
| ||
remuneration, or (c) an offense involving the defrauding of | ||
services in excess
of $500 $300 is a Class 4 felony.
| ||
As used in this Section "publish" means the communication | ||
or
dissemination of information to any one or more persons, | ||
either orally, in
person, or by telephone, radio or television | ||
or in writing of any kind,
including, without limitation, a | ||
letter or memorandum, circular or
handbill, newspaper or | ||
magazine article or book.
| ||
(Source: P.A. 88-75.)
| ||