(720 ILCS 5/16G‑10)
Sec. 16G‑10. Definitions. In this Article unless the context otherwise
requires:
(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
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
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.
(b) "Personal identifying information" means any of the following
information:
(1) A person's name;
(2) A person's address;
(2.5) A person's date of birth;
(3) A person's telephone number;
(4) A person's drivers license number or State of
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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;
(6) A person's public, private, or government
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employer, place of employment, or employment identification number;
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(7) The maiden name of a person's mother;
(8) The number assigned to a person's depository
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account, savings account, or brokerage account;
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(9) The number assigned to a person's credit or
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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;
(11) Electronic identification numbers;
(12) Digital signals;
(13) Any other numbers or information which can be
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used to access a person's financial resources, or to identify 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,
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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:
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(A) Obtaining money, cash refund or credit
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account, credit, goods, services, or any other thing of value.
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(B) Certifying or guaranteeing to a person or
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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.
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(C) Providing the device holder access to a
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deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.
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(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑38, eff. 6‑16‑05.)
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(720 ILCS 5/16G‑15)
Sec. 16G‑15. Identity theft.
(a) A person commits the offense of identity theft when he or
she
knowingly:
(1) uses any personal identifying information or
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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
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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,
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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 State law, or
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(4) uses, obtains, records, possesses, sells,
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transfers, purchases, or manufactures any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority, or
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(5) uses, transfers, or possesses document‑making
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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 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.
(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
specified value.
(d) Sentence.
(1) A person convicted of identity theft in
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violation of paragraph (1) of subsection (a) shall be sentenced as follows:
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(A) identity theft of credit, money, goods,
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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. 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 exceeding $2,000 in value is a Class 3 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 exceeding $10,000 in value is a Class 2 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.
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(E) 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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(2) A person convicted of any offense enumerated in
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paragraphs (2) through (5) of subsection (a) is guilty of a Class 3 felony.
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(3) A person convicted of any offense enumerated in
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paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony.
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(4) A person who, within a 12 month period, is found
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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 felony.
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(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑39, eff. 6‑16‑05.)
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(720 ILCS 5/16G‑20)
Sec. 16G‑20. Aggravated identity theft.
(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.
(b) Knowledge shall be determined by an evaluation of all circumstances
surrounding the use of the other
person's identifying information or document.
(c) When a charge of aggravated 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 specified value.
(d) A defense to aggravated identity theft does not exist
merely
because the accused
reasonably believed the victim to be a person less than 60 years of age.
(e) Sentence.
(1) Aggravated identity theft of credit, money,
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goods, 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,
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goods, 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,
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goods, 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,
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goods, 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
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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; 94‑39, eff. 6‑16‑05.)
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(720 ILCS 5/16G‑30)
Sec. 16G‑30.
Mandating law enforcement agencies to accept and provide
reports; judicial factual determination.
(a) A person who has learned or reasonably suspects that his or her
personal identifying information has been unlawfully used by another may
initiate a law enforcement investigation by contacting the local law
enforcement
agency that has jurisdiction over his or her actual residence, which shall take
a police report of the matter, provide the complainant with a copy of that
report, and begin an investigation of the facts or, if the suspected crime was
committed in a different jurisdiction, refer the matter to the law enforcement
agency where the suspected crime was committed for an investigation of the
facts.
(b) A person who reasonably believes that he or she is the victim of
financial identity theft may petition a court, or the court, on its own motion
or upon application of the prosecuting attorney, may move for an expedited
judicial determination of his or her factual innocence, where the perpetrator
of
the financial identity theft was arrested for, cited for, or convicted of a
crime under the victim's identity, or where a criminal complaint has been filed
against the perpetrator in the victim's name, or where the victim's identity
has
been mistakenly associated with a criminal conviction. Any judicial
determination of factual innocence made pursuant to this subsection (b) may be
heard and determined upon declarations, affidavits, police reports, or other
material, relevant, and reliable information submitted by the parties or
ordered
to be part of the record by the court. If the court determines that the
petition
or motion is meritorious and that there is no reasonable cause to believe that
the victim committed the offense for which the perpetrator of the identity
theft
was arrested, cited, convicted, or subject to a criminal complaint in the
victim's name, or that the victim's identity has been mistakenly associated
with
a record of criminal conviction, the court shall find the victim factually
innocent of that offense. If the victim is found factually innocent, the court
shall issue an order certifying this determination.
(c) After a court has issued a determination of factual innocence under
this Section, the court may order the name and associated personal identifying
information contained in the court records, files, and indexes accessible by
the
public sealed, deleted, or labeled to show that the data is impersonated and
does
not reflect the defendant's identity.
(d) A court that has issued a determination of factual innocence under
this Section may at any time vacate that determination if the petition, or any
information submitted in support of the petition, is found to contain any
material misrepresentation or fraud.
(Source: P.A. 93‑195, eff. 1‑1‑04.)
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