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| Public Act 097-0388 | ||||
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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-10, 16G-15, and 16G-20 as follows:
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(720 ILCS 5/16G-10)
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Sec. 16G-10. Definitions. In this Article unless the | ||||
context otherwise
requires:
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(a) "Personal identification document" means a birth | ||||
certificate, a drivers
license, a State identification
card, a | ||||
public, government, or private employment identification card, | ||||
a social
security card, a firearm
owner's identification card, | ||||
a credit card, a debit card, or a passport issued
to
or on | ||||
behalf of a person other
than the offender,
or any document | ||||
made or issued, or falsely purported to have been made or
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issued, by or under the authority of the United States | ||||
Government, the State of
Illinois, or any other State political | ||||
subdivision of any state, or any other
governmental or | ||||
quasi-governmental organization that is of a type intended for
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the
purpose of identification of an individual,
or any such | ||||
document made or altered in a manner that it falsely
purports | ||||
to have been
made on behalf of or issued to another person or | ||||
by the authority of one who
did not give that authority.
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(b) "Personal identifying information" means any of the | ||
following
information:
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(1) A person's name;
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(2) A person's address;
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(2.5) A person's date of birth;
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(3) A person's telephone number;
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(4) A person's drivers license number or State of | ||
Illinois identification
card as assigned by the
Secretary | ||
of State of the State of Illinois or a similar agency of | ||
another
state;
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(5) A person's Social Security number;
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(6) A person's public, private, or government | ||
employer, place of
employment, or employment
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identification number;
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(7) The maiden name of a person's mother;
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(8) The number assigned to a person's depository | ||
account, savings account,
or brokerage
account;
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(9) The number assigned to a person's credit or debit | ||
card, commonly known
as a "Visa Card",
"Master Card", | ||
"American Express Card", "Discover Card", or other similar | ||
cards
whether issued by a
financial institution, | ||
corporation, or business entity;
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(10) Personal identification numbers;
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(11) Electronic identification numbers;
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(12) Digital signals;
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(12.5) User names, passwords, and any other word, | ||
number, character or combination of the same usable in | ||
whole or part to access information relating to a specific | ||
individual, or to the actions taken, communications made or | ||
received, or other activities or transactions of a specific | ||
individual.
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(13) Any other numbers or information which can be used | ||
to access a
person's financial
resources, or to identify a | ||
specific individual, or the actions taken, communications | ||
made or received, or other activities or transactions of a | ||
specific individual.
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(c) "Document-making implement" means any implement, | ||
impression, template,
computer file, computer disc, electronic | ||
device, computer hardware, computer
software, instrument, or | ||
device that is used to make a real or fictitious or
fraudulent | ||
personal identification document. | ||
(d) "Financial transaction device" means any of the | ||
following: | ||
(1) An electronic funds transfer card. | ||
(2) A credit card. | ||
(3) A debit card. | ||
(4) A point-of-sale card. | ||
(5) Any instrument, device, card, plate, code, account | ||
number, personal identification number, or a record
or copy | ||
of a code, account number, or personal identification | ||
number or other means of access to a credit
account or | ||
deposit account, or a driver's license or state | ||
identification card used to access a proprietary
account, | ||
other than access originated solely by a paper instrument, | ||
that can be used alone or in conjunction
with another | ||
access device, for any of the following purposes: | ||
(A) Obtaining money, cash refund or credit | ||
account, credit, goods, services, or any other thing of | ||
value. | ||
(B) Certifying or guaranteeing to a person or | ||
business the availability to the device holder of funds | ||
on
deposit to honor a draft or check payable to the | ||
order of that person or business. | ||
(C) Providing the device holder access to a deposit | ||
account for the purpose of making deposits,
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withdrawing funds, transferring funds between deposit | ||
accounts, obtaining information pertaining to a | ||
deposit
account, or making an electronic funds | ||
transfer.
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(e) "Radio frequency identification device" means any | ||
implement, computer file, computer disc, electronic device, | ||
computer hardware, computer software, or instrument that is | ||
used to activate, read, receive, or decode information stored | ||
on a RFID tag or transponder attached to a personal | ||
identification document. | ||
(f) "RFID tag or transponder" means a chip or device that | ||
contains personal identifying information from which the | ||
personal identifying information can be read or decoded by | ||
another device emitting a radio frequency that activates or | ||
powers a radio frequency emission response from the chip or | ||
transponder. | ||
(Source: P.A. 93-401, eff. 7-31-03; 94-38, eff. 6-16-05; | ||
94-1008, eff. 7-5-06.)
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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; , or
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(6) uses any personal 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 identification | ||
information or personal identification document of that | ||
person, without the prior express permission of that | ||
person; , or | ||
(7) uses any personal 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; , or
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(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; | ||
(8) in the course of applying for a building permit | ||
with a unit of a local government, provides the license | ||
number of a roofing contractor whom he or she does not | ||
intend to have perform the work on the roofing portion of | ||
the project; it . 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 contractor; or . | ||
(9) (8) in the course of applying for a building permit | ||
with a unit of local government, provides the license | ||
number of a fire sprinkler contractor whom he or she does | ||
not intend to have perform the work on the fire sprinkler | ||
portion of the project; it . It is an affirmative defense to | ||
prosecution under this paragraph (9) (8) that the building | ||
permit applicant promptly informed the unit of local | ||
government that issued the building permit of any change in | ||
the fire sprinkler contractor. | ||
(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 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 | ||
or disabled person is guilty of a Class 3
felony. | ||
Identity theft of credit, money, goods, services, or
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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
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$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 or disabled person is guilty of a Class 2
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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
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 felony. Identity | ||
theft of credit, money, goods,
services, or other
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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.
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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 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.
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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 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.
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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 felony.
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(2) A person convicted of any offense enumerated in | ||
paragraphs
(2) through (7.5) (7) of subsection (a) is | ||
guilty of a Class 3 felony. A person convicted of any | ||
offense enumerated in paragraphs
(2) through (7.5) (7) 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.
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(3) 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
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(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.
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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 (7.5) (7) of
subsection (a) with respect to the | ||
identifiers of, or other information relating to, 3 or more
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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) (7) 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.
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(5) A person convicted of identity theft in violation | ||
of paragraph (2) of subsection (a) who uses any personal | ||
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 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.
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(6) A person convicted of identity theft in violation | ||
of paragraph (8) or (9) of subsection (a) of this Section | ||
is shall be guilty of a Class 4 felony. | ||
(Source: P.A. 95-60, eff. 1-1-08; 95-331, eff. 8-21-07; | ||
96-1324, eff. 7-27-10; 96-1455, eff. 8-20-10; revised | ||
9-16-10.)
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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 | ||
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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(4.1) Aggravated identity theft for a violation of any | ||
offense enumerated in paragraphs (2) through (7.5) (7) of | ||
subsection (a) of Section 16G-15 of this Code is a Class 2 | ||
felony. | ||
(4.2) 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) (7) of | ||
subsection (a) of Section 16G-15 with identifiers of, or | ||
other information relating to, 3 or more separate | ||
individuals, at the same time or consecutively, is a Class | ||
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. 95-199, eff. 8-16-07; 96-243, eff. 8-11-09.)
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