2005 Illinois 720 ILCS 5/      Criminal Code of 1961. Part C - Offenses Directed Against Property

      (720 ILCS 5/Tit. III Pt. C heading)
PART C. OFFENSES DIRECTED AGAINST PROPERTY
      (720 ILCS 5/Art. 15 heading)
ARTICLE 15. DEFINITIONS

(720 ILCS 5/15‑1) (from Ch. 38, par. 15‑1)     Sec. 15‑1. Property. As used in this Part C, "property" means anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor, or services, or otherwise of value to the owner; things growing on, affixed to, or found on land, or part of or affixed to any building; electricity, gas and water; telecommunications services; birds, animals and fish, which ordinarily are kept in a state of confinement; food and drink; samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, computer programs or data, prototypes or models thereof, or any other articles, materials, devices, substances and whole or partial copies, descriptions, photographs, prototypes, or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement. (Source: P.A. 88‑75.)

(720 ILCS 5/15‑2) (from Ch. 38, par. 15‑2)     Sec. 15‑2. Owner.     As used in this Part C, "owner" means a person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/15‑3) (from Ch. 38, par. 15‑3)     Sec. 15‑3. Permanent deprivation.     As used in this Part C, to "permanently deprive" means to:     (a) Defeat all recovery of the property by the owner; or     (b) Deprive the owner permanently of the beneficial use of the property; or     (c) Retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or     (d) Sell, give, pledge, or otherwise transfer any interest in the property or subject it to the claim of a person other than the owner. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/15‑4) (from Ch. 38, par. 15‑4)     Sec. 15‑4. Deception.     As used in this Part C "deception" means knowingly to:     (a) Create or confirm another's impression which is false and which the offender does not believe to be true; or     (b) Fail to correct a false impression which the offender previously has created or confirmed; or     (c) Prevent another from acquiring information pertinent to the disposition of the property involved; or     (d) Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or     (e) Promise performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not evidence that the offender did not intend to perform. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/15‑5) (from Ch. 38, par. 15‑5)     Sec. 15‑5. Threat.     As used in this Part C, "threat" means a menace, however communicated, to:     (a) Inflict physical harm on the person threatened or any other person or on property; or     (b) Subject any person to physical confinement or restraint; or     (c) Commit any criminal offense; or     (d) Accuse any person of a criminal offense; or     (e) Expose any person to hatred, contempt or ridicule; or     (f) Harm the credit or business repute of any person; or     (g) Reveal any information sought to be concealed by the person threatened; or     (h) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or     (i) Bring about or continue a strike, boycott or other similar collective action if the property is not demanded or received for the benefit of the group which he purports to represent; or     (j) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or     (k) Inflict any other harm which would not benefit the offender. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/15‑6) (from Ch. 38, par. 15‑6)     Sec. 15‑6. Stolen property.     As used in this Part C, "stolen property" means property over which control has been obtained by theft. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/15‑7) (from Ch. 38, par. 15‑7)     Sec. 15‑7. Obtain.     As used in this Part C, "obtain" means:     (a) In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another, and     (b) In relation to labor or services, to secure the performance thereof. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/15‑8) (from Ch. 38, par. 15‑8)     Sec. 15‑8. Obtains control.     As used in this Part C, the phrase "obtains or exerts control" over property, includes but is not limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of property. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/15‑9) (from Ch. 38, par. 15‑9)     Sec. 15‑9. Value.     As used in this Part C, the "value" of property consisting of any commercial instrument or any written instrument representing or embodying rights concerning anything of value, labor, or services or otherwise of value to the owner shall be:     (a) The "market value" of such instrument if such instrument is negotiable and has a market value; and     (b) The "actual value" of such instrument if such instrument is not negotiable or is otherwise without a market value. For the purpose of establishing such "actual value", the interest of any owner or owners entitled to part or all of the property represented by such instrument, by reason of such instrument, may be shown, even if another "owner" may be named in the complaint, information or indictment. (Source: Laws 1967, p. 2849.)

    (720 ILCS 5/15‑10)
    Sec. 15‑10. Governmental property. As used in this Part C, "governmental property" means funds or other property owned by the State, a unit of local government, or a school district.
(Source: P.A. 94‑134, eff. 1‑1‑06.)
      (720 ILCS 5/Art. 16 heading)
ARTICLE 16. THEFT AND RELATED OFFENSES

    (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 $300 in value is a Class A misdemeanor.

(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.

(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 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

$300 in value, or theft of property exceeding $300 and not exceeding $10,000 in value, is a Class 3 felony.

(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.

(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 in value

is a Class 1 non‑probationable 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.

(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. 93‑520, eff. 8‑6‑03; 94‑134, eff. 1‑1‑06.)

(720 ILCS 5/16‑1.1) (from Ch. 38, par. 16‑1.1)     Sec. 16‑1.1. Theft by lessee; prima facie evidence. It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand. (Source: P.A. 89‑373, eff. 1‑1‑96.)

(720 ILCS 5/16‑1.2) (from Ch. 38, par. 16‑1.2)     Sec. 16‑1.2. It shall be prima facie evidence of intent that a person "knowingly obtains by deception control over property of the owner" when he fails to return, within 45 days after written demand from the owner, the downpayment and any additional payments accepted under a promise, oral or in writing, to perform services for the owner for consideration of $3,000 or more, and the promisor willfully without good cause failed to substantially perform pursuant to the agreement after taking a downpayment of 10% or more of the agreed upon consideration. This provision shall not apply where the owner initiated the suspension of performance under the agreement, or where the promisor responds to the notice within the 45 day notice period. A notice in writing, addressed and mailed, by registered mail, to the promisor at the last known address of the promisor, shall constitute proper demand. (Source: P.A. 84‑992.)

(720 ILCS 5/16‑1.3) (from Ch. 38, par. 16‑1.3)     Sec. 16‑1.3. Financial exploitation of an elderly person or a person with a disability.     (a) A person commits the offense of financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.     Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.     (b) For purposes of this Section:         (1) "Elderly person" means a person 60 years of age

or older.

(2) "Person with a disability" means a person who

suffers from a permanent physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.

(3) "Intimidation" means the communication to an

elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.

(4) "Deception" means, in addition to its meaning as

defined in Section 15‑4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre‑existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.

(c) For purposes of this Section, a person stands in a position of trust and confidence with an elderly person or person with a disability when he (1) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (2) is a joint tenant or tenant in common with the elderly person or person with a disability, (3) has a legal or fiduciary relationship with the elderly person or person with a disability, or (4) is a financial planning or investment professional.     (d) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.     (e) Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.     (f) It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.     (g) Civil Liability. A person who is charged by information or indictment with the offense of financial exploitation of an elderly person or person with a disability and who fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. The burden of proof that the defendant unlawfully obtained the victim's property shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been convicted of the offense. (Source: P.A. 92‑808, eff. 8‑21‑02; 93‑301, eff. 1‑1‑04.)

(720 ILCS 5/16‑2) (from Ch. 38, par. 16‑2)     Sec. 16‑2. Theft of lost or mislaid property.     A person who obtains control over lost or mislaid property commits theft when he:     (a) Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner, and     (b) Fails to take reasonable measures to restore the property to the owner, and     (c) Intends to deprive the owner permanently of the use or benefit of the property.     (d) Sentence.     Theft of lost or mislaid property is a petty offense. (Source: P. A. 78‑255.)

(720 ILCS 5/16‑3) (from Ch. 38, par. 16‑3)     Sec. 16‑3. (a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.     (b) A person commits theft when after renting or leasing a motor vehicle, obtaining a motor vehicle through a "driveaway" service mode of transportation or renting or leasing any other type of personal property exceeding $500 in value, under an agreement in writing which provides for the return of the vehicle or other personal property to a particular place at a particular time, he without good cause wilfully fails to return the vehicle or other personal property to that place within the time specified, and is thereafter served or sent a written demand mailed to the last known address, made by certified mail return receipt requested, to return such vehicle or other personal property within 3 days from the mailing of the written demand, and who without good cause wilfully fails to return the vehicle or any other personal property to any place of business of the lessor within such period.     (c) Sentence.     A person convicted of theft under subsection (a) of this Section is guilty of a Class A misdemeanor. A person convicted of theft under subsection (b) of this Section is guilty of a Class 4 felony. (Source: P.A. 84‑800.)

(720 ILCS 5/16‑3.1) (from Ch. 38, par. 16‑3.1)     Sec. 16‑3.1. False Report of Theft and Other Losses. (a) A person who knowingly makes a false report of a theft, destruction, damage or conversion of any property to a law enforcement agency or other governmental agency with the intent to defraud an insurer is guilty of a Class A misdemeanor.     (b) A person convicted of a violation of this Section a second or subsequent time is guilty of a Class 4 felony. (Source: P.A. 83‑1004.)

(720 ILCS 5/16‑4) (from Ch. 38, par. 16‑4)     Sec. 16‑4. Offender's interest in the property.     (a) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.     (b) Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/16‑5) (from Ch. 38, par. 16‑5)     Sec. 16‑5. Theft from coin‑operated machines.     (a) A person commits theft from a coin‑operated machine when he knowingly and without authority and with intent to commit a theft from such machine opens, breaks into, tampers with, or damages a coin‑operated machine.     (b) As used in this Section, the term "coin‑operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer.     (c) Sentence. A person convicted of theft from a coin‑operated machine shall be guilty of a Class A misdemeanor. A person who has been convicted of theft from a coin‑operated machine 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. 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. (Source: P.A. 90‑655, eff. 7‑30‑98.)

(720 ILCS 5/16‑6) (from Ch. 38, par. 16‑6)     Sec. 16‑6. Coin‑operated machines; possession of a key or device.     (a) A person who possesses a key, a tool, an instrument, an explosive, a device, a substance, or a drawing, print, or mold of a key, a tool, an instrument, an explosive, a device, or a substance designed to open, break into, tamper with, or damage a coin‑operated machine as defined in paragraph (b) of Section 16‑5 of this Act, with intent to commit a theft from the machine, is guilty of a Class A misdemeanor. A person using any of the devices or substances listed in this subsection (a) with the intent to commit a theft from a coin‑operated machine and who causes damage or loss to the coin‑operated machine of more than $300 is guilty of a Class 4 felony.     (b) The owner of a coin‑operated machine may maintain a civil cause of action against a person engaged in the activities covered in this Section and may recover treble actual damages, reasonable attorney's fees, and costs.     (c) As used in this Section, "substance" means a corrosive or acidic liquid or solid but does not include items purchased through a coin‑operated machine at the location or acquired as condiments at the location of the coin‑operated machine. (Source: P.A. 89‑32, eff. 1‑1‑96.)

(720 ILCS 5/16‑7) (from Ch. 38, par. 16‑7)     Sec. 16‑7. Unlawful use of recorded sounds or images.     (a) A person commits unlawful use of recorded sounds or images when he:         (1) Intentionally, knowingly or recklessly transfers

or causes to be transferred without the consent of the owner, any sounds or images recorded on any sound or audio visual recording with the purpose of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred.

(2) Intentionally, knowingly or recklessly sells,

offers for sale, advertises for sale, uses or causes to be used for profit any such article described in subsection 16‑7(a)(1) without consent of the owner.

(3) Intentionally, knowingly or recklessly offers or

makes available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of Section 16‑8.

(4) Intentionally, knowingly or recklessly transfers

or causes to be transferred without the consent of the owner, any live performance with the purpose of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.

(b) As used in this Section and Section 16‑8:         (1) "Person" means any individual, partnership,

corporation, association or other entity.

(2) "Owner" means the person who owns the master

sound recording on which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance.

(3) "Sound or audio visual recording" means any

sound or audio visual phonograph record, disc, pre‑recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.

(4) "Master sound recording" means the original

physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.

(5) "Unidentified sound or audio visual recording"

means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.

(6) "Manufacturer" means the person who actually

makes or causes to be made a sound or audio visual recording.

(c) Unlawful use of recorded sounds or images is a Class 4 felony; however:         (1) If the offense involves more than 100 but not

exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and

(2) If the offense involves more than 1,000

unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.

(d) This Section shall neither enlarge nor diminish the rights of parties in private litigation.     (e) This Section does not apply to any person engaged in the business of radio or television broadcasting who transfers, or causes to be transferred, any sounds (other than from the sound track of a motion picture) solely for the purpose of broadcast transmission.     (f) If any provision or item of this Section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Section which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Section are hereby declared severable.     (g) Each and every individual manufacture, distribution or sale or transfer for a consideration of such recorded devices in contravention of this Section constitutes a separate violation of this Section.     (h) Any sound or audio visual recordings containing transferred sounds or a performance whose transfer was not authorized by the owner of the master sound recording or performance, in violation of this Section, or in the attempt to commit such violation as defined in Section 8‑2, or in a solicitation to commit such offense as defined in Section 8‑1, may be confiscated and destroyed upon conclusion of the case or cases to which they are relevant, except that the Court may enter an order preserving them as evidence for use in other cases or pending the final determination of an appeal.     (i) It is an affirmative defense to any charge of unlawful use of recorded sounds or images that the recorded sounds or images so used are public domain material. For purposes of this Section, recorded sounds are deemed to be in the public domain if the recorded sounds were copyrighted pursuant to the copyright laws of the United States, as the same may be amended from time to time, and the term of the copyright and any extensions or renewals thereof has expired. (Source: P.A. 86‑1210.)

(720 ILCS 5/16‑8) (from Ch. 38, par. 16‑8)     Sec. 16‑8. Unlawful use of unidentified sound or audio visual recordings.     (a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, sells, distributes, vends, circulates, performs, leases or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, sale, distribution, vending, circulation, performance, lease or other dealing in and with unidentified sound or audio visual recordings.     (b) Unlawful use of unidentified sound or audio visual recordings is a Class 4 felony; however:         (1) If the offense involves more than 100 but not

exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and

(2) If the offense involves more than 1,000

unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.

(c) Each and every individual manufacture, sale, distribution, vending, circulation, performance, lease or other dealing in and with an unidentified sound or audio visual recording constitutes a separate violation of this Section.     (d) If any provision or item of this Section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Section which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Section are hereby declared severable.     (e) Any unidentified sound or audio visual recording used in violation of this Section, or in the attempt to commit such violation as defined in Section 8‑4, or in a conspiracy to commit such violation as defined in Section 8‑2, or in a solicitation to commit such offense as defined in Section 8‑1, may be confiscated and destroyed upon conclusion of the case or cases to which they are relevant, except that the Court may enter an order preserving them as evidence for use in other cases or pending the final determination of an appeal. (Source: P.A. 86‑1210.)

(720 ILCS 5/16‑10) (from Ch. 38, par. 16‑10)     Sec. 16‑10. (Repealed). (Source: P.A. 90‑655, eff. 7‑30‑98. Repealed by P.A. 92‑728, eff. 1‑1‑03.)

(720 ILCS 5/16‑11) (from Ch. 38, par. 16‑11)     Sec. 16‑11. (Repealed). (Source: P.A. 88‑466. Repealed by P.A. 92‑728, eff. 1‑1‑03.)

(720 ILCS 5/16‑12) (from Ch. 38, par. 16‑12)     Sec. 16‑12. (Repealed). (Source: P.A. 88‑466. Repealed by P.A. 92‑728, eff. 1‑1‑03.)

(720 ILCS 5/16‑13) (from Ch. 38, par. 16‑13)     Sec. 16‑13. (Repealed). (Source: P.A. 83‑519. Repealed by P.A. 92‑728, eff. 1‑1‑03.)

(720 ILCS 5/16‑14) (from Ch. 38, par. 16‑14)     Sec. 16‑14. (a) A person commits the offense of unlawful interference with public utility services when he knowingly, without the consent of the owner of the services, impairs or interrupts any public water, gas or power supply, telecommunications service, or other public services, or diverts, or causes to be diverted in whole or in part, any public water, gas, or power supply, telecommunications service or other public services, or installs or removes any device for the purpose of such diversion.     (b) The terms "public water, gas, or power supply, or other public service" mean any service subject to regulation by the Illinois Commerce Commission; any service furnished by a public utility that is owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State; any service furnished by any public utility that is owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; and any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act.     (c) Any instrument, apparatus, or device used in obtaining utility services without paying the full charge therefore or any meter that has been altered, tampered with, or bypassed so as to cause a lack of measurement or inaccurate measurement of utility services on premises controlled by the customer or by the person using or receiving the direct benefit of utility service at that location shall raise a rebuttable presumption of the commission of the offense described in subparagraph (a) by such person.     (d) (1) A person convicted of unlawful interference with public utility services is guilty of a Class A misdemeanor unless the offense was committed for remuneration, in which case it is a Class 4 felony.     (2) After a first conviction of unlawful interference with public utility services any subsequent conviction shall be a Class 4 felony. (Source: P.A. 88‑75.)

(720 ILCS 5/16‑15) (from Ch. 38, par. 16‑15)     Sec. 16‑15. (a) A person commits unlawful use of a theft detection shielding device when he knowingly manufactures, sells, offers for sale or distributes any laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.     (b) A person commits unlawful possession of a theft detection shielding device when he knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft or retail theft.     (c) A person commits unlawful possession of a theft detection device remover when he knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding said merchandise.     (d) Any person convicted for the first time of violating the provisions of subsection (a), (b), or (c) of this Section is guilty of a Class A misdemeanor. A second or subsequent offense is a Class 4 felony. (Source: P.A. 91‑357, eff. 7‑29‑99.)

(720 ILCS 5/16‑16)     Sec. 16‑16. Possession of a stolen firearm.     (a) A person commits possession of a stolen firearm when he or she, not being entitled to the possession of a firearm, possesses or delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.     (b) Possession of a stolen firearm is a Class 2 felony. (Source: P.A. 91‑544, eff. 1‑1‑00.)

(720 ILCS 5/16‑16.1)     Sec. 16‑16.1. Aggravated possession of a stolen firearm.     (a) A person commits aggravated possession of a stolen firearm when he or she:         (1) Not being entitled to the possession of not less

than 2 and not more than 5 firearms, possesses or delivers those firearms at the same time or within a one year period, knowing the firearms to have been stolen or converted.

(2) Not being entitled to the possession of not less

than 6 and not more than 10 firearms, possesses or delivers those firearms at the same time or within a 2 year period, knowing the firearms to have been stolen or converted.

(3) Not being entitled to the possession of not less

than 11 and not more than 20 firearms, possesses or delivers those firearms at the same time or within a 3 year period, knowing the firearms to have been stolen or converted.

(4) Not being entitled to the possession of not less

than 21 and not more than 30 firearms, possesses or delivers those firearms at the same time or within a 4 year period, knowing the firearms to have been stolen or converted.

(5) Not being entitled to the possession of more

than 31 firearms, possesses or delivers those firearms at the same time or within a 5 year period, knowing the firearms to have been stolen or converted.

(b) It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.     (c) Sentence.         (1) A person who violates paragraph (1) of

subsection (a) of this Section commits a Class 1 felony.

(2) A person who violates paragraph (2) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years.

(3) A person who violates paragraph (3) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years.

(4) A person who violates paragraph (4) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years.

(5) A person who violates paragraph (5) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years.

(Source: P.A. 91‑544, eff. 1‑1‑00.)

(720 ILCS 5/16‑17)     Sec. 16‑17. Theft of advertising services.     (a) In this Section, "unauthorized advertisement" means any form of representation or communication, including any handbill, newsletter, pamphlet, or notice that contains any letters, words, or pictorial representation that is attached to or inserted in a newspaper or periodical without a contractual agreement between the publisher and an advertiser.     (b) Any person who knowingly attaches or inserts an unauthorized advertisement in a newspaper or periodical, and who redistributes it to the public or who has the intent to redistribute it to the public, is guilty of the offense of theft of advertising services.     (c) Sentence. Theft of advertising services is a Class A misdemeanor.     (d) This Section applies to any newspaper or periodical that is offered for retail sale or is distributed without charge.     (e) This Section does not apply if the publisher or authorized distributor of the newspaper or periodical consents to the attachment or insertion of the advertisement. (Source: P.A. 92‑428, eff. 8‑17‑01.)

(720 ILCS 5/16‑18)     Sec. 16‑18. Unlawful communication and access devices; definitions. As used in Sections 16‑19, 16‑20, and 16‑21, unless the context otherwise indicates:     "Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet‑based, data transmission, or wireless distribution network, system or facility; or any part, accessory, or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any communication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals, or services.     "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of signs, signals, data, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones or a wire, wireless, radio, electromagnetic, photo‑electronic or photo‑optical system; and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet‑based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies.     "Communication service provider" means: (1) any person or entity providing any communication service, whether directly or indirectly, as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (2) any person or entity owning or operating any cable television, fiber optic, satellite, telephone, wireless, microwave, radio, data transmission or Internet‑based distribution network, system or facility; and (3) any person or entity providing any communication service directly or indirectly by or through any such distribution system, network or facility.     "Unlawful communication device" means any electronic serial number, mobile identification number, personal identification number or any communication device that is capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider, or that has been altered, modified, programmed or reprogrammed, alone or in conjunction with another communication device or other equipment, to so acquire or facilitate the unauthorized acquisition of a communication service. "Unlawful communication device" also means:         (1) any phone altered to obtain service without the

express consent or express authorization of the communication service provider, tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip or other instrument capable of disguising its identity or location or of gaining unauthorized access to a communications system operated by a communication service provider; and

(2) any communication device which is capable of, or

has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another communication device or devices, so as to be capable of, facilitating the disruption, acquisition, receipt, transmission or decryption of a communication service without the express consent or express authorization of the communication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to or acquisition of any communication service provided by any communication service provider.

"Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication device or to modify, alter, program or reprogram a communication device to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission or decryption of, a communication service without the express consent or express authorization of the communication service provider, or to knowingly assist others in those activities.     "Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software which is primarily possessed, used, designed, assembled, manufactured, sold, distributed or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions to protect any such communication, audio or video services, programs or transmissions from unauthorized access, acquisition, receipt, decryption, disclosure, communication, transmission or re‑transmission.     "Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re‑program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re‑transmission. (Source: P.A. 92‑728, eff. 1‑1‑03.)

(720 ILCS 5/16‑19)     Sec. 16‑19. Prohibited acts. A person commits an offense if he or she knowingly:     (1) obtains or uses a communication service without the authorization of, or compensation paid to, the communication service provider, or assists or instructs any other person in doing so with intent to defraud the communication service provider;     (2) possesses, uses, manufactures, assembles, distributes, leases, transfers, or sells, or offers, promotes or advertises for sale, lease, use, or distribution an unlawful communication device:         (A) for the commission of a theft of a communication

service or to receive, disrupt, transmit, decrypt, or acquire, or facilitate the receipt, disruption, transmission, decryption or acquisition, of any communication service without the express consent or express authorization of the communication service provider; or

(B) to conceal or to assist another to conceal from

any communication service provider or from any lawful authority the existence or place of origin or destination of any communication;

(3) modifies, alters, programs or reprograms a communication device for the purposes described in subdivision (2)(A) or (2)(B);     (4) possesses, uses, manufactures, assembles, leases, distributes, sells, or transfers, or offers, promotes or advertises for sale, use or distribution, any unlawful access device; or     (5) possesses, uses, prepares, distributes, gives or otherwise transfers to another or offers, promotes, or advertises for sale, use or distribution any:         (A) plans or instructions for making or assembling

an unlawful communication or access device, under circumstances evidencing an intent to use or employ the unlawful communication or access device, or to allow the same to be used or employed, for a purpose prohibited by this Section, or knowing or having reason to believe that the plans or instructions are intended to be used for manufacturing or assembling the unlawful communication or access device for a purpose prohibited by this Section; or

(B) material, including hardware, cables, tools,

data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or assembly of an unlawful communication or access device for a purpose prohibited by this Section.

(Source: P.A. 92‑728, eff. 1‑1‑03.)

(720 ILCS 5/16‑20)     Sec. 16‑20. Criminal penalties.     (a) Except for violations of Section 16‑19 as provided for in subsection (b) or (c) of this Section, a person who violates Section 16‑19 is guilty of a Class A misdemeanor.     (b) An offense under Section 16‑19 is a Class 4 felony if:         (1) the defendant has been convicted previously

under Section 16‑19 or convicted of any similar crime in this or any federal or other state jurisdiction; or

(2) the violation of Section 16‑19 involves at least

10, but not more than 50, unlawful communication or access devices; or

(3) a person engages in conduct identified in

subdivision (3) of Section 16‑19 for the purpose of, and with the intention of, substantially disrupting and impairing the ability of a communication service provider to deliver communication services to its lawful customers or subscribers.

(c) An offense under Section 16‑19 is a Class 3 felony if:         (1) the defendant has been convicted previously on 2

or more occasions for offenses under Section 16‑19 or for any similar crime in this or any federal or other state jurisdiction; or

(2) the violation of Section 16‑19 involves more

than 50 unlawful communication or access devices.

(d) For purposes of grading an offense based upon a prior conviction under Section 16‑19 or for any similar crime under subdivisions (b)(1) and (c)(1) of this Section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under Section 16‑19 or any similar crime in this or any federal or other state jurisdiction.     (e) As provided for in subdivisions (b)(1) and (c)(1) of this Section, in grading an offense under Section 16‑19 based upon a prior conviction, the term "any similar crime" shall include, but not be limited to, offenses involving theft of service or fraud, including violations of the Cable Communications Policy Act of 1984 (Public Law 98‑549, 98 Stat. 2779).     (f) Separate offenses. For purposes of all criminal penalties or fines established for violations of Section 16‑19, the prohibited activity established in Section 16‑19 as it applies to each unlawful communication or access device shall be deemed a separate offense.     (g) Fines. For purposes of imposing fines upon conviction of a defendant for an offense under Section 16‑19, all fines shall be imposed in accordance with Article 9 of Chapter V of the Unified Code of Corrections.     (h) Restitution. The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating Section 16‑19 to make restitution in the manner provided in Article 5 of Chapter V of the Unified Code of Corrections.     (i) Forfeiture of unlawful communication or access devices. Upon conviction of a defendant under Section 16‑19, the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful communication or access devices in the defendant's possession or control which were involved in the violation for which the defendant was convicted.     (j) Venue. An offense under Section 16‑19 may be deemed to have been committed at either the place where the defendant manufactured or assembled an unlawful communication or access device, or assisted others in doing so, or the place where the unlawful communication or access device was sold or delivered to a purchaser or recipient. It is not a defense to a violation of Section 16‑19 that some of the acts constituting the offense occurred outside of the State of Illinois. (Source: P.A. 92‑728, eff. 1‑1‑03; 93‑701, eff. 7‑9‑04.)

(720 ILCS 5/16‑21)     Sec. 16‑21. Civil actions.     (a) Any person aggrieved by a violation of Section 16‑19 may bring a civil action in any court of competent jurisdiction.     (b) The court may:         (1) grant preliminary and final injunctions to

prevent or restrain violations of Section 16‑19 without a showing by the plaintiff of special damages, irreparable harm or inadequacy of other legal remedies;

(2) at any time while an action is pending, order

the impounding, on such terms as it deems reasonable, of any unlawful communication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of Section 16‑19;

(3) award damages as described in subsection (c);         (4) in its discretion, award reasonable attorney's

fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and

(5) as part of a final judgment or decree finding a

violation of Section 16‑19, order the remedial modification or destruction of any unlawful communication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (2) of this subsection (b).

(c) Types of damages recoverable. Damages awarded by a court under this Section shall be computed as either of the following:         (1) Upon his or her election of such damages at any

time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation of Section 16‑19 and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his or her deductible expenses and the elements of profit attributable to factors other than the violation; or

(2) Upon election by the complaining party at any

time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of not less than $250 and not more than $10,000 for each unlawful communication or access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just. In any case, if the court finds that any of the violations of Section 16‑19 were committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful communication or access device involved in the action.

(d) For purposes of all civil remedies established for violations of Section 16‑19, the prohibited activity established in this Section applies to each unlawful communication or access device and shall be deemed a separate violation. (Source: P.A. 92‑728, eff. 1‑1‑03.)

    (720 ILCS 5/16‑22)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16‑22. Tampering with a security, fire, or life safety system.
    (a) A person commits the offense of tampering with a security, fire, or life safety system when he or she knowingly damages, sabotages, destroys, or causes a permanent or temporary malfunction in any physical or electronic security, fire, or life safety system or any component part of any of those systems including, but not limited to, card readers, magnetic stripe readers, Wiegand card readers, smart card readers, proximity card readers, digital keypads, keypad access controls, digital locks, electromagnetic locks, electric strikes, electronic exit hardware, exit alarm systems, delayed egress systems, biometric access control equipment, intrusion detection systems and sensors, burglar alarm systems, wireless burglar alarms, silent alarms, duress alarms, hold‑up alarms, glass break detectors, motion detectors, seismic detectors, glass shock sensors, magnetic contacts, closed circuit television (CCTV), security cameras, digital cameras, dome cameras, covert cameras, spy cameras, hidden cameras, wireless cameras, network cameras, IP addressable cameras, CCTV camera lenses, video cassette recorders, CCTV monitors, CCTV consoles, CCTV housings and enclosures, CCTV pan‑and‑tilt devices, CCTV transmission and signal equipment, wireless video transmitters, wireless video receivers, radio frequency (RF) or microwave components, or both, infrared illuminators, video motion detectors, video recorders, time lapse CCTV recorders, digital video recorders (DVRs), digital image storage systems, video converters, video distribution amplifiers, video time‑date generators, multiplexers, switchers, splitters, fire alarms, smoke alarm systems, smoke detectors, flame detectors, fire detection systems and sensors, fire sprinklers, fire suppression systems, fire extinguishing systems, public address systems, intercoms, emergency telephones, emergency call boxes, emergency pull stations, telephone entry systems, video entry equipment, annunciators, sirens, lights, sounders, control panels and components, and all associated computer hardware, computer software, control panels, wires, cables, connectors, electromechanical components, electronic modules, fiber optics, filters, passive components, and power sources including batteries and back‑up power supplies.
    (b) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 94‑707, eff. 6‑1‑06.)
      (720 ILCS 5/Art. 16A heading)
ARTICLE 16A. RETAIL THEFT

(720 ILCS 5/16A‑1) (from Ch. 38, par. 16A‑1)     Sec. 16A‑1. Legislative declaration.) It is the public policy of this State that the substantial burden placed upon the economy of this State resulting from the rising incidence of retail theft is a matter of grave concern to the people of this State who have a right to be protected in their health, safety and welfare from the effects of this crime. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2) (from Ch. 38, par. 16A‑2)     Sec. 16A‑2. Definitions. For the purposes of this Article, the words and phrases defined in Section 16A‑2.1 through 16A‑2.11 have the meanings ascribed to them in those Sections unless a contrary meaning is clear from the context. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.1) (from Ch. 38, par. 16A‑2.1)     Sec. 16A‑2.1. To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.2) (from Ch. 38, par. 16A‑2.2)     Sec. 16A‑2.2. "Full Retail Value" means the merchant's stated or advertised price of the merchandise. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.3) (from Ch. 38, par. 16A‑2.3)     Sec. 16A‑2.3. "Merchandise" means any item of tangible personal property. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.4) (from Ch. 38, par. 16A‑2.4)     Sec. 16A‑2.4. "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.5) (from Ch. 38, par. 16A‑2.5)     Sec. 16A‑2.5. "Minor" means a person who is less than 19 years of age, is unemancipated and resides with his parents or legal guardian. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.6) (from Ch. 38, par. 16A‑2.6)     Sec. 16A‑2.6. "Person" means any natural person or individual. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.7) (from Ch. 38, par. 16A‑2.7)     Sec. 16A‑2.7. "Peace officer" has the meaning ascribed to that term in Section 2‑13 of this Code. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.8) (from Ch. 38, par. 16A‑2.8)     Sec. 16A‑2.8. "Premises of a Retail Mercantile Establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.9) (from Ch. 38, par. 16A‑2.9)     Sec. 16A‑2.9. "Retail Mercantile Establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.10) (from Ch. 38, par. 16A‑2.10)     Sec. 16A‑2.10. "Shopping Cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.11) (from Ch. 38, par. 16A‑2.11)     Sec. 16A‑2.11. "Under‑ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.12) (from Ch. 38, par. 16A‑2.12)     Sec. 16A‑2.12. "Theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor. (Source: P.A. 85‑749.)

(720 ILCS 5/16A‑2.13) (from Ch. 38, par. 16A‑2.13)     Sec. 16A‑2.13. "Theft detection device remover" means any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise. (Source: P.A. 85‑749.)

(720 ILCS 5/16A‑3) (from Ch. 38, par. 16A‑3)     Sec. 16A‑3. Offense of Retail Theft. A person commits the offense of retail theft when he or she knowingly:     (a) Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or     (b) Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or     (c) Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or     (d) Under‑rings with the intention of depriving the merchant of the full retail value of the merchandise; or     (e) Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or     (f) Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or     (g) Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise. A violation of this subsection shall be a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense; or     (h) Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand. (Source: P.A. 89‑373, eff. 1‑1‑96.)

    (720 ILCS 5/16A‑3.5)
    Sec. 16A‑3.5. Theft by emergency exit. A person commits the offense of theft by emergency exit when he or she commits a retail theft as defined in Section 16A‑3 and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.
(Source: P.A. 94‑449, eff. 8‑4‑05.)

    (720 ILCS 5/16A‑4)(from Ch. 38, par. 16A‑4)
    Sec. 16A‑4. Presumptions. If any person:
    (a) conceals upon his or her person or among his or her belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
    (b) removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise.
(Source: P.A. 80‑352.)

(720 ILCS 5/16A‑5) (from Ch. 38, par. 16A‑5)     Sec. 16A‑5. Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:     (a) To request identification;     (b) To verify such identification;     (c) To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise;     (d) To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;     (e) In the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person.     A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.     A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this Section if the merchant detains a person because such person has in his possession either a theft detection shielding device or a theft detection device remover. (Source: P.A. 91‑468, eff. 1‑1‑00.)

(720 ILCS 5/16A‑6) (from Ch. 38, par. 16A‑6)     Sec. 16A‑6. Affirmative Defense. A detention as permitted in this Article does not constitute an arrest or an unlawful restraint, as defined in Section 10‑3 of this Code, nor shall it render the merchant liable to the person so detained. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑7) (from Ch. 38, par. 16A‑7)     Sec. 16A‑7. Civil Liability.     (a) A person who commits the offense of retail theft as defined in Section 16A‑3 paragraphs (a), (b), (c), or (h) of this Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:         (i) actual damages equal to the full retail value of

the merchandise as defined herein; plus

(ii) an amount not less than $100 nor more than

$1,000; plus

(iii) attorney's fees and court costs.     (b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the "Parental Responsibility Law", approved October 6, 1969, as now or hereafter amended.     (c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit hereunder.     (d) Judgments arising under this Section may be assigned. (Source: P.A. 93‑329, eff. 7‑24‑03.)

(720 ILCS 5/16A‑8) (from Ch. 38, par. 16A‑8)     Sec. 16A‑8. If any Section, clause, sentence, paragraph or part of this Article is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the Section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑9) (from Ch. 38, par. 16A‑9)     Sec. 16A‑9. Continuation of prior law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment. (Source: P.A. 79‑840.)

    (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 $150, is a Class A misdemeanor. Theft by emergency exit of property, the full retail value of which does not exceed $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 $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 $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 $150, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $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 $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 $150.
(Source: P.A. 94‑449, eff. 8‑4‑05.)
      (720 ILCS 5/Art. 16B heading)
ARTICLE 16B. PROTECTION OF LIBRARY MATERIALS

(720 ILCS 5/16B‑1) (from Ch. 38, par. 16B‑1)     Sec. 16B‑1. Definitions. As used in this Article:     (a) "Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.     (b) "Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.     (c) "Premises of a library facility" means the interior of a building, structure or other enclosure in which a library facility is located and in which the library facility keeps, displays and makes available for inspection or borrowing library material, but for purposes of this Article, such premises do not include the exterior appurtenances to such building, structure or enclosure nor the land on which such building, structure or other enclosure is located.     (d) "Library card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on such borrowing by the library facility issuing such card. (Source: P.A. 84‑1308.)

(720 ILCS 5/16B‑2) (from Ch. 38, par. 16B‑2)     Sec. 16B‑2. Library Theft. A person commits the offense of library theft when he or she:     (a) Knowingly and intentionally removes any library material from the premises of a library facility without authority to do so; or     (b) Knowingly and intentionally conceals any library material upon his or her person or among his or her belongings, while still in the premises of a library facility and in such manner that the library material is not visible through ordinary observation although there may be some notice of its presence, and removes such library material beyond the last point in the premises of that library facility at which library material may be borrowed in accordance with procedures established by that library facility for the borrowing of library material; or     (c) With the intent to deceive borrows or attempts to borrow any library material from a library facility by (i) use of a library card issued to another without the other's consent, or (ii) use of a library card knowing that it is revoked, cancelled or expired, or (iii) use of a library card knowing that it is falsely made, counterfeit or materially altered; or     (d) Borrows from a library facility library material which has an aggregate value of $50 or more pursuant to an agreement with or procedure established by the library facility for the return of such library material, and willfully without good cause fails to return the library material so borrowed in accordance with such agreement or procedure, and further willfully without good cause fails to return such library material within 30 days after receiving written notice by certified mail from the library facility demanding the return of such library material.     A person who violates this subsection (d) is liable to the library for the cost of postage and attorney fees. (Source: P.A. 87‑898.)

(720 ILCS 5/16B‑2.1) (from Ch. 38, par. 16B‑2.1)     Sec. 16B‑2.1. Criminal mutilation or vandalism of library materials. A person commits criminal mutilation or vandalism of library materials when he knowingly tears, marks on, maliciously renders imperfect or otherwise damages or destroys library materials. (Source: P.A. 87‑435.)

(720 ILCS 5/16B‑3) (from Ch. 38, par. 16B‑3)     Sec. 16B‑3. Posting of Warning. Each library facility shall post a copy of this Act at a location adjacent to each entrance to the premises of the library facility and at each point in the premises of the library facility at which the borrowing of library materials occurs. (Source: P.A. 82‑603.)

(720 ILCS 5/16B‑4) (from Ch. 38, par. 16B‑4)     Sec. 16B‑4. Continuation of Prior Law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment. (Source: P.A. 82‑603.)

(720 ILCS 5/16B‑5) (from Ch. 38, par. 16B‑5)     Sec. 16B‑5. Sentence. (a) Library theft, as defined in paragraph (d) of Sec. 16B‑2, is a petty offense for which the offender may be fined an amount not to exceed $500 and be ordered to reimburse the library for actual replacement costs of the materials not returned.     (b) Library theft, other than as defined in paragraph (d) of Sec. 16B‑2, when the aggregate value of the library material which is the subject of such theft does not exceed $300, is a Class A misdemeanor.     (c) Any library theft, when the aggregate value of the library material which is the subject of such theft exceeds $300, is a Class 3 felony. For the purpose of sentencing under subsections (a), (b) and (c), separate transactions totalling more than $300 within a 90 day period shall be presumed to constitute a single offense.     (d) Criminal mutilation or vandalism of library materials, when the aggregate damage or loss of the library materials which are the subject of such mutilation or vandalism does not exceed $300, is a Class A misdemeanor.     (e) Criminal mutilation or vandalism of library materials, when the aggregate damage or loss of the library materials which are the subject of such mutilation or vandalism exceeds $300, is a Class 3 felony. For the purpose of sentencing under subsections (d) and (e), separate acts totalling more than $300 within a 90 day period shall be presumed to constitute a single offense. (Source: P.A. 84‑925.)

      (720 ILCS 5/Art. 16C heading)
ARTICLE 16C. UNLAWFUL SALE OF HOUSEHOLD APPLIANCES

(720 ILCS 5/16C‑1) (from Ch. 38, par. 16C‑1)     Sec. 16C‑1. Definitions. For purposes of this Article the following words and phrases have the following meaning:     (1) "commercial context" means a continuing business enterprise conducted for profit by any person whose primary business is the wholesale or retail marketing of household appliances, or a significant portion of whose business or inventory consists of household appliances kept or sold on a wholesale or retail basis.     (2) "household appliance" means any gas or electric device or machine marketed for use as home entertainment or for facilitating or expediting household tasks or chores. The term shall include but not necessarily be limited to refrigerators, freezers, ranges, radios, television sets, vacuum cleaners, toasters, dishwashers, and other similar household items.     (3) "manufacturer's identification number" means any serial number or other similar numerical or alphabetical designation imprinted upon or attached to or placed, stamped, or otherwise imprinted upon or attached to a household appliance by the manufacturer for purposes of identifying a particular appliance individually or by lot number. (Source: P.A. 87‑435.)

(720 ILCS 5/16C‑2) (from Ch. 38, par. 16C‑2)     Sec. 16C‑2. (a) A person commits the offense of unlawful sale of household appliances when he or she knowingly, with the intent to defraud or deceive another, keeps for sale, within any commercial context, any household appliance with a missing, defaced, obliterated or otherwise altered manufacturer's identification number.     (b) Violation of this Section is a Class 4 felony, if the value of the appliance or appliances exceeds $1,000 and a Class B misdemeanor if the value of the appliance or appliances is $1,000 or less.     (c) No liability shall be imposed upon any person for the unintentional failure to comply with this Section. (Source: P.A. 87‑435.)

(720 ILCS 5/16C‑3) (from Ch. 38, par. 16C‑3)     Sec. 16C‑3. Continuation of prior law. The provisions of this Article, insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment. (Source: P.A. 87‑435.)

      (720 ILCS 5/Art. 16D heading)
ARTICLE 16D.
COMPUTER CRIME

(720 ILCS 5/16D‑1) (from Ch. 38, par. 16D‑1)     Sec. 16D‑1. Short title. This Article shall be known and may be cited as the "Computer Crime Prevention Law". (Source: P.A. 85‑926.)

(720 ILCS 5/16D‑2) (from Ch. 38, par. 16D‑2)     Sec. 16D‑2. Definitions. As used in this Article, unless the context otherwise indicates:     (a) "Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers.     (a‑5) "Computer network" means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data among them through the communications facilities.     (b) "Computer program" or "program" means a series of coded instructions or statements in a form acceptable to a computer which causes the computer to process data and supply the results of the data processing.     (b‑5) "Computer services" means computer time or services, including data processing services, Internet services, electronic mail services, electronic message services, or information or data stored in connection therewith.     (c) "Data" means a representation of information, knowledge, facts, concepts or instructions, including program documentation, which is prepared in a formalized manner and is stored or processed in or transmitted by a computer. Data shall be considered property and may be in any form including but not limited to printouts, magnetic or optical storage media, punch cards or data stored internally in the memory of the computer.     (c‑5) "Electronic mail service provider" means any person who (1) is an intermediary in sending or receiving electronic mail and (2) provides to end‑users of electronic mail services the ability to send or receive electronic mail.     (d) In addition to its meaning as defined in Section 15‑1 of this Code, "property" means: (1) electronic impulses; (2) electronically produced data; (3) confidential, copyrighted or proprietary information; (4) private identification codes or numbers which permit access to a computer by authorized computer users or generate billings to consumers for purchase of goods and services, including but not limited to credit card transactions and telecommunications services or permit electronic fund transfers; (5) software or programs in either machine or human readable form; or (6) any other tangible or intangible item relating to a computer or any part thereof.     (e) "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.     (f) "Services" includes but is not limited to computer time, data manipulation or storage functions.     (g) "Vital services or operations" means those services or operations required to provide, operate, maintain, and repair network cabling, transmission, distribution, or computer facilities necessary to ensure or protect the public health, safety, or welfare. Public health, safety, or welfare include, but are not limited to, services provided by medical personnel or institutions, fire departments, emergency services agencies, national defense contractors, armed forces or militia personnel, private and public utility companies, or law enforcement agencies. (Source: P.A. 91‑233, eff. 1‑1‑00.)

(720 ILCS 5/16D‑3) (from Ch. 38, par. 16D‑3)     Sec. 16D‑3. Computer Tampering.     (a) A person commits the offense of computer tampering when he knowingly and without the authorization of a computer's owner, as defined in Section 15‑2 of this Code, or in excess of the authority granted to him:         (1) Accesses or causes to be accessed a computer or

any part thereof, or a program or data;

(2) Accesses or causes to be accessed a computer or

any part thereof, or a program or data, and obtains data or services;

(3) Accesses or causes to be accessed a computer or

any part thereof, or a program or data, and damages or destroys the computer or alters, deletes or removes a computer program or data;

(4) Inserts or attempts to insert a "program" into a

computer or computer program knowing or having reason to believe that such "program" contains information or commands that will or may damage or destroy that computer, or any other computer subsequently accessing or being accessed by that computer, or that will or may alter, delete or remove a computer program or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer, or that will or may cause loss to the users of that computer or the users of a computer which accesses or which is accessed by such "program";

(5) Falsifies or forges electronic mail transmission

information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers;

(a‑5) It shall be unlawful for any person knowingly to sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software which (1) is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (2) has only a limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (3) is marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.     (b) Sentence.         (1) A person who commits the offense of computer

tampering as set forth in subsection (a)(1), (a)(5), or (a‑5) of this Section shall be guilty of a Class B misdemeanor.

(2) A person who commits the offense of computer

tampering as set forth in subsection (a)(2) of this Section shall be guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.

(3) A person who commits the offense of computer

tampering as set forth in subsection (a)(3) or subsection (a)(4) of this Section shall be guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.

(4) If the injury arises from the transmission of

unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each and every unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.

(5) If the injury arises from the transmission of

unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each and every unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.

(6) The provisions of this Section shall not be

construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

(c) Whoever suffers loss by reason of a violation of subsection (a)(4) of this Section may, in a civil action against the violator, obtain appropriate relief. In a civil action under this Section, the court may award to the prevailing party reasonable attorney's fees and other litigation expenses. (Source: P.A. 91‑233, eff. 1‑1‑00.)

(720 ILCS 5/16D‑4) (from Ch. 38, par. 16D‑4)     Sec. 16D‑4. Aggravated Computer Tampering. (a) A person commits aggravated computer tampering when he commits the offense of computer tampering as set forth in subsection (a)(3) of Section 16D‑3 and he knowingly:     (1) causes disruption of or interference with vital services or operations of State or local government or a public utility; or     (2) creates a strong probability of death or great bodily harm to one or more individuals.     (b) Sentence. (1) A person who commits the offense of aggravated computer tampering as set forth in subsection (a)(1) of this Section shall be guilty of a Class 3 felony.     (2) A person who commits the offense of aggravated computer tampering as set forth in subsection (a)(2) of this Section shall be guilty of a Class 2 felony. (Source: P.A. 86‑820.)

(720 ILCS 5/16D‑5) (from Ch. 38, par. 16D‑5)     Sec. 16D‑5. Computer Fraud. (a) A person commits the offense of computer fraud when he knowingly:     (1) Accesses or causes to be accessed a computer or any part thereof, or a program or data, for the purpose of devising or executing any scheme, artifice to defraud, or as part of a deception;     (2) Obtains use of, damages, or destroys a computer or any part thereof, or alters, deletes, or removes any program or data contained therein, in connection with any scheme, artifice to defraud, or as part of a deception; or     (3) Accesses or causes to be accessed a computer or any part thereof, or a program or data, and obtains money or control over any such money, property, or services of another in connection with any scheme, artifice to defraud, or as part of a deception.     (b) Sentence. (1) A person who commits the offense of computer fraud as set forth in subsection (a)(1) of this Section shall be guilty of a Class 4 felony.     (2) A person who commits the offense of computer fraud as set forth in subsection (a)(2) of this Section shall be guilty of a Class 3 felony.     (3) A person who commits the offense of computer fraud as set forth in subsection (a)(3) of this Section shall:     (i) be guilty of a Class 4 felony if the value of the money, property or services is $1,000 or less; or     (ii) be guilty of a Class 3 felony if the value of the money, property or services is more than $1,000 but less than $50,000; or     (iii) be guilty of a Class 2 felony if the value of the money, property or services is $50,000 or more. (Source: P.A. 85‑926.)

(720 ILCS 5/16D‑6) (from Ch. 38, par. 16D‑6)     Sec. 16D‑6. Forfeiture. 1. Any person who commits the offense of computer fraud as set forth in Section 16D‑5 shall forfeit, according to the provisions of this Section, any monies, profits or proceeds, and any interest or property which the sentencing court determines he has acquired or maintained, directly or indirectly, in whole or in part, as a result of such offense. Such person shall also forfeit any interest in, security, claim against, or contractual right of any kind which affords him a source of influence over any enterprise which he has established, operated, controlled, conducted or participated in conducting, where his relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit which he has obtained or acquired through computer fraud.     Proceedings instituted pursuant to this Section shall be subject to and conducted in accordance with the following procedures:     (a) The sentencing court shall, upon petition by the prosecuting agency, whether it is the Attorney General or a State's Attorney, at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this Section. At the forfeiture hearing the People of the State of Illinois shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to such forfeiture.     (b) In any action brought by the People of the State of Illinois under this Section, the circuit courts of Illinois shall have jurisdiction to enter such restraining orders, injunctions or prohibitions, or to take such other action in connection with any real, personal, or mixed property or other interest subject to forfeiture, as they shall consider proper.     (c) In any action brought by the People of the State of Illinois under this Section, wherein any restraining order, injunction or prohibition or any other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person or persons charged with computer fraud shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of computer fraud and whether the property or interest is subject to forfeiture pursuant to this Section. In order to make this determination, prior to entering any such order, the court shall conduct a hearing without a jury, where the People shall establish: (1) probable cause that the person or persons so charged have committed the offense of computer fraud, and (2) probable cause that any property or interest may be subject to forfeiture pursuant to this Section. Such hearing may be conducted simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint, or by motion of the People at any stage in the proceedings. The court may enter a finding of probable cause at a preliminary hearing following the filing of an information charging the offense of computer fraud or the return of an indictment by a grand jury charging the offense of computer fraud as sufficient evidence of probable cause for purposes of this Section. Upon such a finding, the circuit court shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture under this Section as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner or holder of that property or interest prior to a forfeiture hearing under this Section. The Attorney General or State's Attorney shall file a certified copy of such restraining order, injunction or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lienholder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition or other action. The court may release such property to the defendant for good cause shown and within the sound discretion of the court.     (d) Upon conviction of a person under Section 16D‑5, the court shall authorize the Attorney General to seize and sell all property or other interest declared forfeited under this Act, unless such property is required by law to be destroyed or is harmful to the public. The court may order the Attorney General to segregate funds from the proceeds of such sale sufficient: (1) to satisfy any order of restitution, as the court may deem appropriate; (2) to satisfy any legal right, title, or interest which the court deems superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to forfeiture under this Section; or (3) to satisfy any bona‑fide purchaser for value of the right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture. Following the entry of an order of forfeiture, the Attorney General shall publish notice of the order and his intent to dispose of the property. Within the 30 days following such publication, any person may petition the court to adjudicate the validity of his alleged interest in the property.     After the deduction of all requisite expenses of administration and sale, the Attorney General shall distribute the proceeds of such sale, along with any moneys forfeited or seized as follows:     (1) 50% shall be distributed to the unit of local government whose officers or employees conducted the investigation into computer fraud and caused the arrest or arrests and prosecution leading to the forfeiture. Amounts distributed to units of local government shall be used for training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud. In the event, however, that the investigation, arrest or arrests and prosecution leading to the forfeiture were undertaken solely by a State agency, the portion provided hereunder shall be paid into the State Police Services Fund of the Illinois Department of State Police to be used for training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud.     (2) 50% shall be distributed to the county in which the prosecution and petition for forfeiture resulting in the forfeiture was instituted by the State's Attorney, and deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud. Where a prosecution and petition for forfeiture resulting in the forfeiture has been maintained by the Attorney General, 50% of the proceeds shall be paid into the Attorney General's Financial Crime Prevention Fund. Where the Attorney General and the State's Attorney have participated jointly in any part of the proceedings, 25% of the proceeds forfeited shall be paid to the county in which the prosecution and petition for forfeiture resulting in the forfeiture occurred, and 25% shall be paid to the Attorney General's Financial Crime Prevention Fund to be used for the purposes as stated in this subsection.     2. Where any person commits a felony under any provision of this Code or another statute and the instrumentality used in the commission of the offense, or in connection with or in furtherance of a scheme or design to commit the offense, is a computer owned by the defendant or if the defendant is a minor, owned by his or her parents or legal guardian, the computer shall be subject to the provisions of this Section. However, in no case shall a computer, or any part thereof, be subject to the provisions of the Section if the computer accessed in the commission of the offense is owned or leased by the victim or an innocent third party at the time of the commission of the offense or if the rights of creditors, lienholders, or any person having a security interest in the computer at the time of the commission of the offense shall be adversely affected. (Source: P.A. 85‑1042.)

(720 ILCS 5/16D‑7) (from Ch. 38, par. 16D‑7)     Sec. 16D‑7. Rebuttable Presumption ‑ without authority. In the event that a person accesses or causes to be accessed a computer, which access requires a confidential or proprietary code which has not been issued to or authorized for use by that person, a rebuttable presumption exists that the computer was accessed without the authorization of its owner or in excess of the authority granted. (Source: P.A. 85‑926.)

      (720 ILCS 5/Art. 16E heading)
ARTICLE 16E.
DELIVERY CONTAINER CRIME

(720 ILCS 5/16E‑1) (from Ch. 38, par. 16E‑1)     Sec. 16E‑1. Short title. This Article may be cited as the Delivery Container Crime Law. (Source: P.A. 87‑613.)

(720 ILCS 5/16E‑2) (from Ch. 38, par. 16E‑2)     Sec. 16E‑2. Definitions. "Container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product. Any person who is the owner of any container upon which a trade mark has been placed or affixed, stamped, impressed, labeled, blown‑in or otherwise marked on it, may file with the Secretary of State a written statement or description of the trade mark used on any container in a manner provided in Section 3 of the Registered Container Trade Mark Act. (Source: P.A. 87‑613.)

(720 ILCS 5/16E‑3) (from Ch. 38, par. 16E‑3)     Sec. 16E‑3. Offense.     (a) A person commits the offense of delivery container theft when he knowingly does any of the following:         (1) Uses for any purpose, when not on the premises

of the owner or an adjacent parking area, a container of another person which is marked by a name or mark unless the use is authorized by the owner.

(2) Sells, or offers for sale, a container of

another person which is marked by a name or mark unless the sale is authorized by the owner.

(3) Defaces, obliterates, destroys, covers up or

otherwise removes or conceals a name or mark on a container of another person without the written consent of the owner.

(4) Removes the container of another person from the

premises, parking area or any other area under the control of any processor, distributor or retail establishment, or from any delivery vehicle, without the consent of the owner of the container. Any person who possesses any marked or named container without the consent of the owner and while not on the premises, parking area or other area under control of a processor, distributor or retail establishment doing business with the owner shall be presumed to have removed the container in violation of this paragraph.

(b) Any common carrier or private carrier for hire, except those engaged in transporting bakery or dairy products to and from the places where they are produced, that receives or transports any container marked with a name or mark without having in its possession a bill of lading or invoice for that container commits the offense of delivery container theft. (Source: P.A. 87‑613.)

(720 ILCS 5/16E‑4) (from Ch. 38, par. 16E‑4)     Sec. 16E‑4. Sentence. (a) Delivery container theft is a Class B misdemeanor. An offender may be sentenced to pay a fine of $150 for the first offense and $500 for a second or subsequent offense. (Source: P.A. 87‑613.)

      (720 ILCS 5/Art. 16F heading)
ARTICLE 16F. WIRELESS SERVICE THEFT

(720 ILCS 5/16F‑1)     Sec. 16F‑1. Short title. This Article may be cited as the Wireless Service Theft Prevention Law. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑2)     Sec. 16F‑2. Definitions. As used in this Article, the following words and phrases shall have the meanings given to them in this Section:     "Manufacture of an unlawful wireless device" means to produce or assemble an unlawful wireless device or to modify, alter, program, or reprogram a wireless device to be capable of acquiring or facilitating the acquisition of wireless service without the consent of the wireless service provider.     "Unlawful wireless device" means any electronic serial number, mobile identification number, personal identification number, or any wireless device that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider. The term includes, but is not limited to, phones altered to obtain service without the consent of the wireless service provider, tumbler phones, counterfeit or clone phones, tumbler microchips, counterfeit or clone microchips, scanning receivers of wireless service of a wireless service provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a wireless service provider.     "Wireless device" includes any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic or radio communications, or any part of such instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component that is capable of facilitating the transmission or reception of telephonic, electronic, or radio communications.     "Wireless service" or "telephone service" includes, but is not limited to, any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images and sounds, or intelligence of any nature by telephone, including cellular telephones, wireless, radio, electromagnetic, photoelectronic, or photo‑optical system.     "Wireless service provider" means a person or entity providing telecommunication service, including, but not limited to, a cellular, paging, or other wireless communications company or other person or entity that, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑3)     Sec. 16F‑3. Theft of wireless service.     (a) A person commits the offense of theft of wireless service if he or she intentionally obtains wireless service by the use of an unlawful wireless device or without the consent of the wireless service provider.     (b) Theft of wireless service is a Class A misdemeanor when the aggregate value of service obtained is less than $300 and a Class 4 felony when the aggregate value of service obtained is $300 or more. For a second or subsequent offense, or if the person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction, theft of wireless service is a Class 2 felony. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑4)     Sec. 16F‑4. Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services.     (a) A person commits the offense of facilitating theft of wireless service when he or she:         (1) makes, distributes, possesses, uses, or

assembles an unlawful wireless device or modifies, alters, programs, or reprograms a wireless device designed, adapted, or that can be used:

(i) for commission of a theft of wireless

service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or

(ii) to conceal or to assist another to conceal

from any wireless service or from any lawful authority the existence or place of origin or of destination of any telecommunication; or

(2) sells, possesses, distributes, gives, or

otherwise transfers to another or offers, promotes, or advertises for sale:

(i) any unlawful wireless device, or any plans

or instructions for making or assembling an unlawful wireless device, under circumstances evidencing an intent to use or employ the unlawful wireless device, or to allow it to be used or employed, for a purpose described in paragraph (1) or knowing or having reason to believe that the unlawful wireless device is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling an unlawful wireless device; or

(ii) any material, including hardware, cables,

tools, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful wireless device.

(b) Facilitating theft of wireless service is a Class A misdemeanor when the aggregate value of service obtained is less than $300 and a Class 4 felony when the aggregate value of service obtained is $300 or more. For a second or subsequent offense, or if the person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction, facilitating theft of wireless service is a Class 2 felony. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑5)     Sec. 16F‑5. Restitution. The court may, in addition to any other sentence authorized by law, sentence a person convicted of violating this Article to make restitution in the manner described in Section 5‑5‑6 of the Unified Code of Corrections. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑6)     Sec. 16F‑6. Civil remedy. A wireless service provider aggrieved by a violation of this Article may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees. (Source: P.A. 89‑497, eff. 6‑27‑96.)

      (720 ILCS 5/Art. 16G heading)
ARTICLE 16G. IDENTITY THEFT LAW

(720 ILCS 5/16G‑1)     Sec. 16G‑1. Short title. This Article may be cited as the Identity Theft Law. (Source: P.A. 93‑401, eff. 7‑31‑03.)

(720 ILCS 5/16G‑5)     Sec. 16G‑5. Legislative declaration.     (a) It is the public policy of this State that the substantial burden placed upon the economy of this State as a result of the rising incidence of identity theft and the negative effect of this crime on the People of this State and its victims is a matter of grave concern to the People of this State who have the right to be protected in their health, safety, and welfare from the effects of this crime, and therefore identity theft shall be identified and dealt with swiftly and appropriately considering the onerous nature of the crime.     (b) The widespread availability and unauthorized access to personal identification information have led and will lead to a substantial increase in identity theft related crimes. (Source: P.A. 93‑401, eff. 7‑31‑03.)

    (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

Illinois identification card as assigned by the Secretary of State of the State of Illinois or a similar agency of another state;

(5) A person's Social Security number;         (6) A person's public, private, or government

employer, place of employment, or employment identification number;

(7) The maiden name of a person's mother;         (8) The number assigned to a person's depository

account, savings account, or brokerage account;

(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;

(10) Personal identification numbers;         (11) Electronic identification numbers;         (12) Digital signals;         (13) Any other numbers or information which can be

used to access a person's financial resources, or to identify a specific individual.

(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, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.

(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑38, eff. 6‑16‑05.)

    (720 ILCS 5/16G‑14)
    Sec. 16G‑14. Transmission of personal identifying information prohibited.
    (a) A person who is not a party to a transaction that involves the use of a financial transaction device may not secretly or surreptitiously photograph, or otherwise capture or record, electronically or by any other means, or distribute, disseminate, or transmit, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed, or otherwise captured, recorded, distributed, disseminated, or transmitted.
    (b) This Section does not:
        (1) prohibit the capture or transmission of personal

identifying information in the ordinary and lawful course of business;

(2) apply to a peace officer of this State, or of the

federal government, or the officer's agent, while in the lawful performance of the officer's duties;

(3) prohibit a person from being charged with,

convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this Section.

(c) Sentence. A person who violates this Section is

guilty of a Class A misdemeanor.

(Source: P.A. 94‑38, eff. 6‑16‑05.)

    (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

personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property, or

(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

(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 State law, or

(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 documents were stolen or produced without lawful authority, or

(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 felony violation of State law.

(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

violation of paragraph (1) of subsection (a) shall be sentenced as follows:

(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. 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.

(B) Identity theft of credit, money, goods,

services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony.

(C) Identity theft of credit, money, goods,

services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony.

(D) Identity theft of credit, money, goods,

services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony.

(E) Identity theft of credit, money, goods,

services, or other property exceeding $100,000 in value is a Class X felony.

(2) A person convicted of any offense enumerated in

paragraphs (2) through (5) of subsection (a) is guilty of a Class 3 felony.

(3) A person convicted of any offense enumerated in

paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony.

(4) A person who, within a 12 month period, is found

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.

(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑39, eff. 6‑16‑05.)

    (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,

goods, services, or other property not exceeding $300 in value is a Class 3 felony.

(2) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony.

(3) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony.

(4) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $100,000 in value is a Class X felony.

(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.

(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑39, eff. 6‑16‑05.)

(720 ILCS 5/16G‑21)     Sec. 16G‑21. Civil remedies. A person who is convicted of identity theft or aggravated identity theft is liable in a civil action to the person who suffered damages as a result of the violation. The person suffering damages may recover court costs, attorney's fees, lost wages, and actual damages. (Source: P.A. 92‑686, eff. 7‑16‑02; 93‑401, eff. 7‑31‑03.)

(720 ILCS 5/16G‑25)     Sec. 16G‑25. Offenders interest in the property. It is no defense to a charge of aggravated identity theft or identity theft that the offender has an interest in the credit, money, goods, services, or other property. (Source: P.A. 93‑401, eff. 7‑31‑03.)

(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.)

      (720 ILCS 5/Art. 16H heading)
ARTICLE 16H. ILLINOIS FINANCIAL CRIME LAW

(720 ILCS 5/16H‑1)     Sec. 16H‑1. Short title. This Article may be cited as the Illinois Financial Crime Act. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑5)     Sec. 16H‑5. Legislative declaration. It is the public policy of this State that the substantial burden placed upon the economy of this State resulting from the rising incidence of financial crime is a matter of grave concern to the people of this State who have a right to be protected in their health, safety and welfare from the effects of this crime. (Source: P.A. 93‑440, eff. 8‑5‑03.)

    (720 ILCS 5/16H‑10)
    Sec. 16H‑10. Definitions. In this Article unless the context otherwise requires:
    (a) "Financial crime" means an offense described in this Article.
    (b) "Financial institution" means any bank, savings bank, savings and loan association, credit union, trust company, currency exchange, or a depository of money, or medium of savings and collective investment.
(Source: P.A. 93‑440, eff. 8‑5‑03; 94‑872, eff. 6‑16‑06.)

(720 ILCS 5/16H‑15)     Sec. 16H‑15. Misappropriation of financial institution property. A person commits the offense of misappropriation of a financial institution's property whenever the person knowingly misappropriates, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such financial institution, or any moneys, funds, assets or securities entrusted to the custody or care of such financial institution, or to the custody or care of any agent, officer, director, or employee of such financial institution. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑20)     Sec. 16H‑20. Commercial bribery involving a financial institution.     (a) A person commits the offense of commercial bribery involving a financial institution when the person confers or offers or agrees to confer any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with intent to influence his or her conduct in relation to his or her employer's or principal's affairs.     (b) An employee, agent, or fiduciary of a financial institution commits the offense of commercial bribery of a financial institution when, without the consent of his or her employer or principal, he or she solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to his or her employer's or principal's affairs. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑25)     Sec. 16H‑25. Financial institution fraud. A person commits the offense of financial institution fraud when the person knowingly executes or attempts to execute a scheme or artifice:         (1) to defraud a financial institution; or         (2) to obtain any of the moneys, funds, credits,

assets, securities, or other property owned by or under the custody or control of a financial institution, by means of pretenses, representations, or promises he or she knows to be false.

For the purposes of this Section, "scheme or artifice to defraud" includes a scheme or artifice to deprive a financial institution of the intangible right to honest services. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑30)     Sec. 16H‑30. Loan fraud. A person commits the offense of loan fraud when the person knowingly, with intent to defraud, makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of a financial institution to act upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑35)     Sec. 16H‑35. Concealment of collateral. A person commits the offense of concealment of collateral when the person, with intent to defraud, knowingly conceals, removes, disposes of, or converts to the person's own use or to that of another, any property mortgaged or pledged to or held by a financial institution. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑40)     Sec. 16H‑40. Financial institution robbery. A person commits the offense of financial institution robbery when the person, by force or threat of force, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion, any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, a financial institution. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑45)     Sec. 16H‑45. Conspiracy to commit a financial crime.     (a) A person commits the offense of a conspiracy to commit a financial crime when, with the intent that a violation of this Article be committed, the person agrees with another person to the commission of that offense.     (b) No person may be convicted of conspiracy to commit a financial crime unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by that person or by a co‑conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity.     (c) It shall not be a defense to the offense of a conspiracy to commit a financial crime that the person or persons with whom the accused is alleged to have conspired:         (1) has not been prosecuted or convicted,         (2) has been convicted of a different offense,         (3) is not amenable to justice,         (4) has been acquitted, or         (5) lacked the capacity to commit the offense. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑50)     Sec. 16H‑50. Continuing financial crimes enterprise. A person commits the offense of a continuing financial crimes enterprise when the person knowingly, within an 18 month period, commits 3 or more separate offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑55)     Sec. 16H‑55. Organizer of a continuing financial crimes enterprise.     (a) A person commits the offense of being an organizer of a continuing financial crimes enterprise when the person:         (1) with the intent to commit an offense under this

Article, or, if involving a financial institution, any other felony offense established under this Code, agrees with another person to the commission of that offense on 3 or more separate occasions within an 18 month period, and

(2) with respect to the other persons within the

conspiracy, occupies a position of organizer, supervisor, or financier or other position of management.

(b) The person with whom the accused agreed to commit the 3 or more offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑60)     Sec. 16H‑60. Sentence.     (a) A financial crime, the full value of which does not exceed $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 $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 $300 but does not exceed $10,000, is a Class 3 felony. When a charge of financial crime, the full value of which exceeds $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 $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) Notwithstanding any other provisions of this Section, a financial crime which is loan fraud in connection with a loan secured by residential real estate is a Class 4 felony. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑65)     Sec. 16H‑65. Period of limitations. The period of limitations for prosecution of any offense defined in this Article begins at the time when the last act in furtherance of the offense is committed. (Source: P.A. 93‑440, eff. 8‑5‑03.)

 
    (720 ILCS 5/Art. 16J heading)
    (Text of Article heading from P.A. 94‑179)
ARTICLE 16J. ONLINE PROPERTY OFFENSES (Source: P.A. 94‑179, eff. 7‑12‑05.)

    (Text of Article heading from P.A. 94‑700)
    (This Article heading may contain text from a Public Act with a delayed effective date)
ARTICLE 16J. THEFT OF MOTOR FUEL(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑5)
    (Text of Section from P.A. 94‑179)
    Sec. 16J‑5. Definitions. In this Article:
    "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.
    "Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers.
    "Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
    "Online" means the use of any electronic or wireless device to access the Internet.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
 
    (Text of Section from P.A. 94‑700)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑5. Legislative declaration. It is the public policy of this State that the substantial burden placed upon the economy of this State resulting from the rising incidence of theft of motor fuel is a matter of grave concern to the people of this State who have a right to be protected in their health, safety and welfare from the effects of this crime.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑10)
    (Text of Section from P.A. 94‑179)
    Sec. 16J‑10. Online sale of stolen property. A person commits the offense of online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
 
    (Text of Section from P.A. 94‑700)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑10. Definitions. For the purposes of this Article:
    "Motor fuel" means a liquid, regardless of its properties, used to propel a vehicle, including gasoline and diesel.
    "Retailer" means a person, business, or establishment that sells motor fuel at retail.
    "Vehicle" means a motor vehicle, motorcycle, or farm implement that is self‑propelled and that uses motor fuel for propulsion.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑15)
    (Text of Section from P.A. 94‑179)
    Sec. 16J‑15. Online theft by deception. A person commits the offense of online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
 
    (Text of Section from P.A. 94‑700)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑15. Offense of theft of motor fuel. A person commits the offense of theft of motor fuel when he or she knowingly dispenses motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaves the premises of the establishment without making payment or the authorized charge for the motor fuel with the intention of depriving the establishment in which the motor fuel is offered for retail sale of the possession, use, or benefit of that motor fuel without paying the full retail value of the motor fuel.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑20)
    Sec. 16J‑20. Electronic fencing. A person commits the offense of electronic fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this Section.
(Source: P.A. 94‑179, eff. 7‑12‑05.)

    (720 ILCS 5/16J‑25)
    (Text of Section from P.A. 94‑179)
    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 $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 $150.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
 
    (Text of Section from P.A. 94‑700)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑25. Civil liability. A person who commits the offense of theft of motor fuel as described in Section 16J‑15 is civilly liable to the retailer as prescribed in Section 16A‑7.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑30)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑30. Sentence.
    (a) Theft of motor fuel, the full retail value of which does not exceed $150, is a Class A misdemeanor.
    (b) A person who has been convicted of theft of motor fuel, the full retail value of which does not exceed $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. 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.
    (c) Any theft of motor fuel, the full retail value of which exceeds $150, is a Class 3 felony. When a charge of theft of motor fuel, the full value of which exceeds $150, is brought, the value of the motor fuel involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $150.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑35)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑35. Continuation of prior law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of that Article 16 and not as a new enactment.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑40)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑40. Severability. The provisions of this Article are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 94‑700, eff. 6‑1‑06.)
      (720 ILCS 5/Art. 17 heading)
ARTICLE 17. DECEPTION

    (720 ILCS 5/17‑1)(from Ch. 38, par. 17‑1)
    Sec. 17‑1. Deceptive practices.
(A) Definitions.
    As used in this Section:
        (i) "Financial institution" means any bank, savings

and loan association, credit union, or other depository of money, or medium of savings and collective investment.

(ii) An "account holder" is any person having a

checking account or savings account in a financial institution.

(iii) To act with the "intent to defraud" means to

act wilfully, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another, or to bring some financial gain to oneself. It is not necessary to establish that any person was actually defrauded or deceived.

(B) General Deception.     A person commits a deceptive practice when, with intent to defraud, the person does any of the following:         (a) He or she causes another, by deception or

threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred.

(b) Being an officer, manager or other person

participating in the direction of a financial institution, he or she knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent.

(c) He or she knowingly makes or directs another to

make a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services.

(d) With intent to obtain control over property or

to pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he or she issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart, is prima facie evidence that the offender knows that it will not be paid by the depository, and that he or she has the intent to defraud. In this paragraph (d), "property" includes rental property (real or personal).

(e) He or she issues or delivers a check or other

order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order.

Sentence.     A person convicted of a deceptive practice under paragraph (a), (b), (c), (d), or (e) of this subsection (B), except as otherwise provided by this Section, is guilty of a Class A misdemeanor.     A person convicted of a deceptive practice in violation of paragraph (d) a second or subsequent time shall be guilty of a Class 4 felony.     A person convicted of deceptive practices in violation of paragraph (d), when the value of the property so obtained, in a single transaction, or in separate transactions within a 90 day period, exceeds $150, shall be guilty of a Class 4 felony. In the case of a prosecution for separate transactions totaling more than $150 within a 90 day period, such separate transactions shall be alleged in a single charge and provided in a single prosecution.   (C) Deception on a Bank or Other Financial Institution.     (1) False Statements.     Any person who, with the intent to defraud, makes or causes to be made any false statement in writing in order to obtain an account with a bank or other financial institution, or to obtain credit from a bank or other financial institution, or to obtain services from a currency exchange, knowing such writing to be false, and with the intent that it be relied upon, is guilty of a Class A misdemeanor.     For purposes of this subsection (C), a false statement shall mean any false statement representing identity, address, or employment, or the identity, address or employment of any person, firm or corporation.     (2) Possession of Stolen or Fraudulently Obtained Checks.     Any person who possesses, with the intent to obtain access to funds of another person held in a real or fictitious deposit account at a financial institution, makes a false statement or a misrepresentation to the financial institution, or possesses, transfers, negotiates, or presents for payment a check, draft, or other item purported to direct the financial institution to withdraw or pay funds out of the account holder's deposit account with knowledge that such possession, transfer, negotiation, or presentment is not authorized by the account holder or the issuing financial institution is guilty of a Class A misdemeanor. A person shall be deemed to have been authorized to possess, transfer, negotiate, or present for payment such item if the person was otherwise entitled by law to withdraw or recover funds from the account in question and followed the requisite procedures under the law. In the event that the account holder, upon discovery of the withdrawal or payment, claims that the withdrawal or payment was not authorized, the financial institution may require the account holder to submit an affidavit to that effect on a form satisfactory to the financial institution before the financial institution may be required to credit the account in an amount equal to the amount or amounts that were withdrawn or paid without authorization.     Any person who, within any 12 month period, violates this Section with respect to 3 or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a Class 4 felony.     (3) Possession of Implements of Check Fraud.     Any person who possesses, with the intent to defraud and without the authority of the account holder or financial institution, any check imprinter, signature imprinter, or "certified" stamp is guilty of a Class A misdemeanor.     A person who within any 12 month period violates this subsection (C) as to possession of 3 or more such devices at the same time or consecutively, is guilty of a Class 4 felony.     (4) Possession of Identification Card.     Any person who, with the intent to defraud, possesses any check guarantee card or key card or identification card for cash dispensing machines without the authority of the account holder or financial institution is guilty of a Class A misdemeanor.     A person who, within any 12 month period, violates this Section at the same time or consecutively with respect to 3 or more cards, each the property of different account holders, is guilty of a Class 4 felony.     A person convicted under this Section, when the value of property so obtained, in a single transaction, or in separate transactions within any 90 day period, exceeds $150 shall be guilty of a Class 4 felony. (Source: P.A. 94‑872, eff. 6‑16‑06.)

(720 ILCS 5/17‑1a) (from Ch. 38, par. 17‑1a)     Sec. 17‑1a. Civil Liability for Deceptive Practices. A person who issues a check or order to a payee in violation of Section 17‑1(B) (d) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand by both certified mail and by first class mail to the person's last know address; or attempted delivery of a written demand sent by both certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed, shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney fees and court costs.     A cause of action under this Section may be brought in small claims court or in any other appropriate court. As part of the written demand required by this Section, the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this Section, the defendant may tender to the plaintiff and the plaintiff shall accept as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, and service and attorney fees. (Source: P.A. 89‑378, eff. 8‑18‑95; 90‑227, eff. 1‑1‑98; 90‑721, eff. 1‑1‑99.)

(720 ILCS 5/17‑1b)     Sec. 17‑lb. State's Attorney's bad check diversion program.     (a) In this Section:     "Offender" means a person charged with, or for whom probable cause exists to charge the person with, deceptive practices.     "Pretrial diversion" means the decision of a prosecutor to refer an offender to a diversion program on condition that the criminal charges against the offender will be dismissed after a specified period of time, or the case will not be charged, if the offender successfully completes the program.     "Restitution" means all amounts payable to a victim of deceptive practices under the bad check diversion program created under this Section, including the amount of the check and any transaction fees payable to a victim as set forth in subsection (g) but does not include amounts recoverable under Section 3‑806 of the Uniform Commercial Code and Section 17‑1a of this Code.     (b) A State's Attorney may create within his or her office a bad check diversion program for offenders who agree to voluntarily participate in the program instead of undergoing prosecution. The program may be conducted by the State's Attorney or by a private entity under contract with the State's Attorney. If the State's Attorney contracts with a private entity to perform any services in operating the program, the entity shall operate under the supervision, direction, and control of the State's Attorney. Any private entity providing services under this Section is not a "collection agency" as that term is defined under the Collection Agency Act.     (c) If an offender is referred to the State's Attorney, the State's Attorney may determine whether the offender is appropriate for acceptance in the program. The State's Attorney may consider, but shall not be limited to consideration of, the following factors:         (1) the amount of the check that was drawn or passed;         (2) prior referrals of the offender to the program;         (3) whether other charges of deceptive practices are

pending against the offender;

(4) the evidence presented to the State's Attorney

regarding the facts and circumstances of the incident;

(5) the offender's criminal history; and         (6) the reason the check was dishonored by the

financial institution.

(d) The bad check diversion program may require an offender to do one or more of the following:         (i) pay for, at his or her own expense, and

successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney;

(ii) make full restitution for the offense;         (iii) pay a per‑check administrative fee as set

forth in this Section.

(e) If an offender is diverted to the program, the State's Attorney shall agree in writing not to prosecute the offender upon the offender's successful completion of the program conditions. The State's Attorney's agreement to divert the offender shall specify the offenses that will not be prosecuted by identifying the checks involved in the transactions.     (f) The State's Attorney, or private entity under contract with the State's Attorney, may collect a fee from an offender diverted to the State's Attorney's bad check diversion program. This fee may be deposited in a bank account maintained by the State's Attorney for the purpose of depositing fees and paying the expenses of the program. The State's Attorney may require that the fee be paid directly to a private entity that administers the program under a contract with the State's Attorney. The amount of the administrative fees collected by the State's Attorney under the program may not exceed $35 per check. The county board may, however, by ordinance, increase the fees allowed by this Section if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service.     (g)  (1) The private entity shall be required to

maintain adequate general liability insurance of $1,000,000 per occurrence as well as adequate coverage for potential loss resulting from employee dishonesty. The State's Attorney may require a surety bond payable to the State's Attorney if in the State's Attorney's opinion it is determined that the private entity is not adequately insured or funded.

(2)  (A) Each private entity that has a contract

with the State's Attorney to conduct a bad check diversion program shall at all times maintain a separate bank account in which all moneys received from the offenders participating in the program shall be deposited, referred to as a "Trust Account", except that negotiable instruments received may be forwarded directly to a victim of the deceptive practice committed by the offender if that procedure is provided for by a writing executed by the victim. Moneys received shall be so deposited within 5 business days after posting to the private entity's books of account. There shall be sufficient funds in the trust account at all times to pay the victims the amount due them.

(B) The trust account shall be established in a

bank, savings and loan association, or other recognized depository which is federally or State insured or otherwise secured as defined by rule. If the account is interest bearing, the private entity shall pay to the victim interest earned on funds on deposit after the 60th day.

(C) Each private entity shall keep on file the

name of the bank, savings and loan association, or other recognized depository in which each trust account is maintained, the name of each trust account, and the names of the persons authorized to withdraw funds from each account. The private entity, within 30 days of the time of a change of depository or person authorized to make withdrawal, shall update its files to reflect that change. An examination and audit of a private entity's trust accounts may be made by the State's Attorney as the State's Attorney deems appropriate. A trust account financial report shall be submitted annually on forms acceptable to the State's Attorney.

(3) The State's Attorney may cancel a contract

entered into with a private entity under this Section for any one or any combination of the following causes:

(A) Conviction of the private entity or the

principals of the private entity of any crime under the laws of any U.S. jurisdiction which is a felony, a misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession.

(B) A determination that the private entity has

engaged in conduct prohibited in item (4).

(4) The State's Attorney may determine whether the

private entity has engaged in the following prohibited conduct:

(A) Using or threatening to use force or

violence to cause physical harm to an offender, his or her family, or his or her property.

(B) Threatening the seizure, attachment, or sale

of an offender's property where such action can only be taken pursuant to court order without disclosing that prior court proceedings are required.

(C) Disclosing or threatening to disclose

information adversely affecting an offender's reputation for creditworthiness with knowledge the information is false.

(D) Initiating or threatening to initiate

communication with an offender's employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by law or court order.

(E) Communicating with the offender or any

member of the offender's family at such a time of day or night and with such frequency as to constitute harassment of the offender or any member of the offender's family. For purposes of this clause (E) the following conduct shall constitute harassment:

(i) Communicating with the offender or any

member of his or her family at any unusual time or place or a time or place known or which should be known to be inconvenient to the offender. In the absence of knowledge of circumstances to the contrary, a private entity shall assume that the convenient time for communicating with a consumer is after 8 o'clock a.m. and before 9 o'clock p.m. local time at the offender's residence.

(ii) The threat of publication or

publication of a list of offenders who allegedly refuse to pay restitution, except by the State's Attorney.

(iii) The threat of advertisement or

advertisement for sale of any restitution to coerce payment of the restitution.

(iv) Causing a telephone to ring or engaging

any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(v) Using profane, obscene or abusive

language in communicating with an offender, his or her family, or others.

(vi) Disclosing or threatening to

disclose information relating to a offender's case to any other person except the victim and appropriate law enforcement personnel.

(vii) Disclosing or threatening to

disclose information concerning the alleged criminal act which the private entity knows to be reasonably disputed by the offender without disclosing the fact that the offender disputes the accusation.

(viii) Engaging in any conduct which the

State's Attorney finds was intended to cause and did cause mental or physical illness to the offender or his or her family.

(ix) Attempting or threatening to enforce a

right or remedy with knowledge or reason to know that the right or remedy does not exist.

(x) Except as authorized by the State's

Attorney, using any form of communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a governmental agency or official or by an attorney at law when it is not.

(xi) Using any badge, uniform, or other

indicia of any governmental agency or official, except as authorized by law or by the State's Attorney.

(xii) Except as authorized by the State's

Attorney, conducting business under any name or in any manner which suggests or implies that the private entity is bonded if such private entity is or is a branch of or is affiliated with any governmental agency or court if such private entity is not.

(xiii) Misrepresenting the amount of the

restitution alleged to be owed.

(xiv) Except as authorized by the State's

Attorney, representing that an existing restitution amount may be increased by the addition of attorney's fees, investigation fees, or any other fees or charges when those fees or charges may not legally be added to the existing restitution.

(xv) Except as authorized by the State's

Attorney, representing that the private entity is an attorney at law or an agent for an attorney if the entity is not.

(xvi) Collecting or attempting to collect

any interest or other charge or fee in excess of the actual restitution or claim unless the interest or other charge or fee is expressly authorized by the State's Attorney, who shall determine what constitutes a reasonable collection fee.

(xvii) Communicating or threatening to

communicate with an offender when the private entity is informed in writing by an attorney that the attorney represents the offender concerning the claim, unless authorized by the attorney. If the attorney fails to respond within a reasonable period of time, the private entity may communicate with the offender. The private entity may communicate with the offender when the attorney gives his consent.

(xviii) Engaging in dishonorable, unethical,

or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(5) The State's Attorney shall audit the accounts of

the bad check diversion program after notice in writing to the private entity.

(6) Any information obtained by a private entity

that has a contract with the State's Attorney to conduct a bad check diversion program is confidential information between the State's Attorney and the private entity and may not be sold or used for any other purpose but may be shared with other authorized law enforcement agencies as determined by the State's Attorney.

(h) The State's Attorney, or private entity under contract with the State's Attorney, shall recover, in addition to the face amount of the dishonored check or draft, a transaction fee to defray the costs and expenses incurred by a victim who received a dishonored check that was made or delivered by the offender. The face amount of the dishonored check or draft and the transaction fee shall be paid by the State's Attorney or private entity under contract with the State's Attorney to the victim as restitution for the offense. The amount of the transaction fee must not exceed: $25 if the face amount of the check or draft does not exceed $100; $30 if the face amount of the check or draft is greater than $100 but does not exceed $250; $35 if the face amount of the check or draft is greater than $250 but does not exceed $500; $40 if the face amount of the check or draft is greater than $500 but does not exceed $1,000; and $50 if the face amount of the check or draft is greater than $1,000.     (i) The offender, if aggrieved by an action of the private entity contracted to operate a bad check diversion program, may submit a grievance to the State's Attorney who may then resolve the grievance. The private entity must give notice to the offender that the grievance procedure is available. The grievance procedure shall be established by the State's Attorney. (Source: P.A. 93‑394, eff. 7‑29‑03.)

    (720 ILCS 5/17‑2)(from Ch. 38, par. 17‑2)
    Sec. 17‑2. False personation; use of title; solicitation; certain entities.
    (a) A person commits a false personation when he or she falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when any person exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act.
    (a‑5) A person commits a false personation when he or she falsely represents himself or herself to be a veteran in seeking employment or public office. In this subsection, "veteran" means a person who has served in the Armed Services or Reserved Forces of the United States.
    (a‑6) A person commits a false personation when he or she falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States government, irrespective of branch of service: the Congressional Medal of Honor, the Distinguished Service Cross, the Navy Cross, the Air Force Cross, the Silver Star, the Bronze Star, or the Purple Heart.
    It is a defense to a prosecution under this subsection (a‑6) that the medal is used, or is intended to be used, exclusively:
        (1) for a dramatic presentation, such as a

theatrical, film, or television production, or a historical re‑enactment; or

(2) for a costume worn, or intended to be worn, by a

person under 18 years of age.

(b) No person shall use the words "Chicago Police," "Chicago Police Department," "Chicago Patrolman," "Chicago Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or any other words to the same effect in the title of any organization, magazine, or other publication without the express approval of the Chicago Police Board.     (b‑5) No person shall use the words "Cook County Sheriff's Police" or "Cook County Sheriff" or any other words to the same effect in the title of any organization, magazine, or other publication without the express approval of the office of the Cook County Sheriff's Merit Board. The references to names and titles in this Section may not be construed as authorizing use of the names and titles of other organizations or public safety personnel organizations otherwise prohibited by this Section or the Solicitation for Charity Act.     (c) (Blank).     (c‑1) No person may claim or represent that he or she is acting on behalf of any police department, chief of a police department, fire department, chief of a fire department, sheriff's department, or sheriff when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the chief of the police department, fire department, and the corporate or municipal authority thereof, or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity.     (c‑2) No person, when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police", or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel unless the person is actually representing or acting on behalf of the nongovernmental organization, and the nongovernmental organization is controlled by and governed by a membership of and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers and before commencing the solicitation or the sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization has been entered into.     (c‑3) No person may solicit financial contributions or sell or deliver or offer to sell or deliver any merchandise, goods, services, memberships, or advertisements on behalf of a police, sheriff, or other law enforcement department unless that person is actually representing or acting on behalf of the department or governmental organization and has entered into a written contract with the police chief, or head of the law enforcement department, and the corporate or municipal authority thereof, or the sheriff, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.     (c‑4) No person, when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements, may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes the term "fireman", "fire fighter", "paramedic", or any other word or words which would reasonably be understood to imply that the organization is composed of fire fighter or paramedic personnel unless the person is actually representing or acting on behalf of the nongovernmental organization, and the nongovernmental organization is controlled by and governed by a membership of and represents a group or association of active duty, retired, or injured fire fighters (for the purposes of this Section, "fire fighter" has the meaning ascribed to that term in Section 2 of the Illinois Fire Protection Training Act) or active duty, retired, or injured emergency medical technicians ‑ ambulance, emergency medical technicians ‑ intermediate, emergency medical technicians ‑ paramedic, ambulance drivers, or other medical assistance or first aid personnel, and before commencing the solicitation or the sale or delivery or the offers to sell or deliver any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization has been entered into.     (c‑5) No person may solicit financial contributions or sell or deliver or offer to sell or deliver any merchandise, goods, services, memberships, or advertisements on behalf of a department or departments of fire fighters unless that person is actually representing or acting on behalf of the department or departments and has entered into a written contract with the department chief and corporate or municipal authority thereof which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.     (c‑6) No person may claim or represent that he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.     (d) Sentence. False personation, unapproved use of a name or title, or solicitation in violation of subsection (a), (b), or (b‑5) of this Section is a Class C misdemeanor. False personation in violation of subsections (a‑5) and (c‑6) is a Class A misdemeanor. False personation in violation of subsection (a‑6) of this Section is a petty offense for which the offender shall be fined at least $100 and not exceeding $200. Engaging in any activity in violation of subsection (c‑1), (c‑2), (c‑3), (c‑4), or (c‑5) of this Section is a Class 4 felony. (Source: P.A. 94‑548, eff. 8‑11‑05; 94‑755, eff. 1‑1‑07.)

(720 ILCS 5/17‑2.5)     Sec. 17‑2.5. False academic degrees.     (a) It is unlawful for a person to knowingly manufacture or produce for profit or for sale a false academic degree, unless the degree explicitly states "for novelty purposes only".     (b) It is unlawful for a person to knowingly use a false academic degree for the purpose of obtaining employment or admission to an institution of higher learning or admission to an advanced degree program at an institution of higher learning or for the purpose of obtaining a promotion or higher compensation in employment.     (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.     (d) In this Section:     "False academic degree" means a certificate, diploma, transcript, or other document purporting to be issued by an institution of higher learning or purporting to indicate that a person has completed an organized academic program of study at an institution of higher learning when the person has not completed the organized academic program of study indicated on the certificate, diploma, transcript, or other document.     "Institution of higher learning" means a public or private college, university, or community college located in the State of Illinois that is authorized by the Board of Higher Education or the Illinois Community College Board to issue post‑secondary degrees, or a public or private college, university, or community college located anywhere in the United States that is or has been legally constituted to offer degrees and instruction in its state of origin or incorporation. (Source: P.A. 93‑239, eff. 7‑22‑03.)

    (720 ILCS 5/17‑3)(from Ch. 38, par. 17‑3)
    Sec. 17‑3. Forgery.
    (a) A person commits forgery when, with intent to defraud, he knowingly:
        (1) makes or alters any document apparently capable

of defrauding another in such manner that it purports to have been made by another or at another time, or with different provisions, or by authority of one who did not give such authority; or

(2) issues or delivers such document knowing it to

have been thus made or altered; or

(3) possesses, with intent to issue or deliver, any

such document knowing it to have been thus made or altered; or

(4) unlawfully uses the digital signature, as

defined in the Financial Institutions Electronic Documents and Digital Signature Act, of another; or

(5) unlawfully uses the signature device of another

to create an electronic signature of that other person, as those terms are defined in the Electronic Commerce Security Act.

(b) An intent to defraud means an intention to cause another to assume, create, transfer, alter or terminate any right, obligation or power with reference to any person or property. As used in this Section, "document" includes, but is not limited to, any document, representation, or image produced manually, electronically, or by computer.     (c) A document apparently capable of defrauding another includes, but is not limited to, one by which any right, obligation or power with reference to any person or property may be created, transferred, altered or terminated. A document includes any record or electronic record as those terms are defined in the Electronic Commerce Security Act.     (d) Sentence.     Forgery is a Class 3 felony. (Source: P.A. 94‑458, eff. 8‑4‑05.)

(720 ILCS 5/17‑4) (from Ch. 38, par. 17‑4)     Sec. 17‑4. Deceptive altering or sale of coins.     (a) A person commits a deceptive altering of coins when he in any manner alters any coin to increase the value of the coin to coin collectors.     (b) A person commits a deceptive sale of coins when he sells or advertises for sale any coin he knows has been deceptively altered for a higher rate or value than is indicated by the denomination of the coin.     (c) Sentence.     Deceptive altering or sale of coins is a Class A misdemeanor. (Source: P.A. 77‑2638.)

(720 ILCS 5/17‑5) (from Ch. 38, par. 17‑5)     Sec. 17‑5. Deceptive collection practices.     A collection agency as defined in the "Collection Agency Act" or any employee of such collection agency commits a deceptive collection practice when, with the intent to collect a debt owed to a person, corporation, or other entity, he:     (a) represents falsely that he is an attorney, a policeman, a sheriff or deputy sheriff, a bailiff, a county clerk or employee of a county clerk's office, or any other person who by statute is authorized to enforce the law or any order of a court; or     (b) while attempting to collect an alleged debt, misrepresents to the alleged debtor or to his immediate family the corporate, partnership or proprietary name or other trade or business name under which the debt collector is engaging in debt collections and which he is legally authorized to use; or     (c) while attempting to collect an alleged debt, adds to the debt any service charge, interest or penalty which he is not entitled by law to add; or     (d) threatens to ruin, destroy, or otherwise adversely affect an alleged debtor's credit rating unless, at the same time, a disclosure is made in accordance with federal law that the alleged debtor has a right to inspect his credit rating; or     (e) accepts from an alleged debtor a payment which he knows is not owed.     The commission of a deceptive collection practice is a Business Offense punishable by a fine not to exceed $3,000. (Source: P. A. 78‑1248.)

(720 ILCS 5/17‑5.5)     Sec. 17‑5.5. Unlawful attempt to collect compensated debt against a crime victim.     (a) As used in this Section, "crime victim" means a victim of a violent crime or applicant as defined in the Crime Victims Compensation Act.     "Compensated debt" means a debt incurred by or on behalf of a crime victim and approved for payment by the Court of Claims under the Crime Victims Compensation Act.     (b) A person or a vendor commits the offense of unlawful attempt to collect a compensated debt against a crime victim when, with intent to collect funds for a debt incurred by or on behalf of a crime victim, which debt has been approved for payment by the Court of Claims under the Crime Victims Compensation Act, but the funds are involuntarily withheld from the person or vendor by the Comptroller by virtue of an outstanding obligation owed by the person or vendor to the State under the Uncollected State Claims Act, the person or vendor:         (1) communicates with, harasses, or intimidates the

crime victim for payment;

(2) contacts or distributes information to affect

the compensated crime victim's credit rating as a result of the compensated debt; or

(3) takes any other action adverse to the crime

victim or his or her family on account of the compensated debt.

(c) Unlawful attempt to collect a compensated debt against a crime victim is a Class A misdemeanor.     (d) Nothing in this Act prevents the attempt to collect an uncompensated debt or an uncompensated portion of a compensated debt incurred by or on behalf of a crime victim and not covered under the Crime Victims Compensation Act. (Source: P.A. 92‑286, eff. 1‑1‑02.)

    (720 ILCS 5/17‑6)(from Ch. 38, par. 17‑6)
    Sec. 17‑6. State Benefits Fraud.
    (a) Any person who obtains or attempts to obtain money or benefits from the State of Illinois, from any political subdivision thereof, or from any program funded or administered in whole or in part by the State of Illinois or any political subdivision thereof through the knowing use of false identification documents or through the knowing misrepresentation of his age, place of residence, number of dependents, marital or family status, employment status, financial status, or any other material fact upon which his eligibility for or degree of participation in any benefit program might be based, is guilty of State benefits fraud.
    (b) Notwithstanding any provision of State law to the contrary, every application or other document submitted to an agency or department of the State of Illinois or any political subdivision thereof to establish or determine eligibility for money or benefits from the State of Illinois or from any political subdivision thereof, or from any program funded or administered in whole or in part by the State of Illinois or any political subdivision thereof, shall be made available upon request to any law enforcement agency for use in the investigation or prosecution of State benefits fraud or for use in the investigation or prosecution of any other crime arising out of the same transaction or occurrence. Except as otherwise permitted by law, information disclosed pursuant to this subsection shall be used and disclosed only for the purposes provided herein. The provisions of this Section shall be operative only to the extent that they do not conflict with any federal law or regulation governing federal grants to this State.
    (c) Any employee of the State of Illinois or any agency or political subdivision thereof may seize as evidence any false or fraudulent document presented to him in connection with an application for or receipt of money or benefits from the State of Illinois, from any political subdivision thereof, or from any program funded or administered in whole or in part by the State of Illinois or any political subdivision thereof.
    (d) (1) State benefits fraud is a Class 4 felony except when more than $300 is obtained, in which case State benefits fraud is a Class 3 felony.
    (2) State benefits fraud is a Class 3 felony when $300 or less is obtained and a Class 2 felony when more than $300 is obtained if a person knowingly misrepresents oneself as a veteran or as a dependent of a veteran with the intent of obtaining benefits or privileges provided by the State or its political subdivisions to veterans or their dependents. For the purposes of this paragraph (2), benefits and privileges include, but are not limited to, those benefits and privileges available under the Veterans' Employment Act, the Viet Nam Veterans Compensation Act, the Prisoner of War Bonus Act, the War Bonus Extension Act, the Military Veterans Assistance Act, the Veterans' Employment Representative Act, the Veterans Preference Act, the Service Member's Employment Tenure Act, the Disabled Veterans Housing Act, the Under Age Veterans Benefits Act, the Survivors Compensation Act, the Children of Deceased Veterans Act, the Veterans Burial Places Act, the Higher Education Student Assistance Act, or any other loans, assistance in employment, monetary payments, or tax exemptions offered by the State or its political subdivisions for veterans or their dependents.
(Source: P.A. 94‑486, eff. 1‑1‑06.)

(720 ILCS 5/17‑7) (from Ch. 38, par. 17‑7)     Sec. 17‑7. Promotion of pyramid sales schemes. (a) The term "pyramid sales scheme" means any plan or operation whereby a person, in exchange for money or other thing of value, acquires the opportunity to receive a benefit or thing of value, which is primarily based upon the inducement of additional persons, by himself or others, regardless of number, to participate in the same plan or operation and is not primarily contingent on the volume or quantity of goods, services, or other property sold or distributed or to be sold or distributed to persons for purposes of resale to consumers. For purposes of this subsection, "money or other thing of value" shall not include payments made for sales demonstration equipment and materials furnished on a nonprofit basis for use in making sales and not for resale.     (b) Any person who knowingly sells, offers to sell, or attempts to sell the right to participate in a pyramid sales scheme commits a Class A misdemeanor. (Source: P.A. 83‑808.)

(720 ILCS 5/17‑8) (from Ch. 38, par. 17‑8)     Sec. 17‑8. Health Care Benefits Fraud. (a) A person commits health care benefits fraud if he or she with the intent to defraud or deceive any provider, other than a governmental unit or agency, obtains or attempts to obtain health care benefits.     (b) Health care benefits fraud is a Class A misdemeanor. (Source: P.A. 84‑418.)

(720 ILCS 5/17‑9) (from Ch. 38, par. 17‑9)     Sec. 17‑9. Public aid wire fraud. (a) Whoever knowingly makes or transmits any communication by means of telephone, wire, radio or television, such communication being made, transmitted or received within the State of Illinois, intending that such communication be made or transmitted in furtherance of any plan, scheme or design to obtain, unlawfully, any benefit or payment under "The Illinois Public Aid Code", as amended, commits the offense of public aid wire fraud.     (b) Whoever knowingly directs or causes any communication to be made or transmitted by means of telephone, wire, radio or television, intending that such communication be made or transmitted in furtherance of any plan, scheme or design to obtain, unlawfully, any benefit or payment under "The Illinois Public Aid Code", as amended, commits the offense of public aid wire fraud.     (c) Penalty. Public aid wire fraud is a Class 4 felony. (Source: P.A. 84‑1255.)

(720 ILCS 5/17‑10) (from Ch. 38, par. 17‑10)     Sec. 17‑10. Public aid mail fraud. (a) Whoever knowingly places any communication with the United States Postal Service, or with any private or other mail, package or delivery service or system, such communication being placed or received within the State of Illinois, intending that such communication be delivered in furtherance of any plan, scheme or design to obtain, unlawfully, any benefit or payment under "The Illinois Public Aid Code", as amended, commits the offense of public aid mail fraud.     (b) Whoever knowingly directs or causes any communication to be placed with the United States Postal Service, or with any private or other mail, package or delivery service or system, intending that such communication be delivered in furtherance of any plan, scheme or design to obtain, unlawfully, any benefit or payment under "The Illinois Public Aid Code", as amended, commits the offense of public aid mail fraud.     (c) Penalty. Public aid mail fraud is a Class 4 felony. (Source: P.A. 84‑1256; 84‑1438.)

(720 ILCS 5/17‑11) (from Ch. 38, par. 17‑11)     Sec. 17‑11. Odometer Fraud. Any person who shall, with intent to defraud another, disconnect, reset, or alter, or cause to be disconnected, reset or altered, the odometer of any used motor vehicle with the intent to conceal or change the actual miles driven shall be guilty of a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section shall be guilty of a Class 4 felony. This Section shall not apply to legitimate business practices of automotive parts recyclers who recycle used odometers for resale. (Source: P.A. 84‑1391; 84‑1438.)

(720 ILCS 5/17‑11.1)     Sec. 17‑11.1. Hour meter fraud. Any person who, with intent to defraud another, disconnects, resets, or alters, or causes to be disconnected, reset, or altered, the hour meter of any used farm implement, including but not limited to tractors and combines, with intent to conceal or change the actual hours of operation, shall be guilty of a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section shall be guilty of a Class 4 felony. This Section shall not apply to legitimate practices of implement parts recyclers who recycle used hour meters for resale. (Source: P.A. 89‑255, eff. 1‑1‑96; 89‑626, eff. 8‑9‑96.)

(720 ILCS 5/17‑11.2)     Sec. 17‑11.2. Installation of object in lieu of air bag. Any person who for consideration knowingly installs or reinstalls in a vehicle any object in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system is guilty of a Class A misdemeanor. (Source: P.A. 92‑809, eff. 1‑1‑03.)

    (720 ILCS 5/17‑12)
    Sec. 17‑12. Fraudulent advertisement of corporate name. If a company, association, or person puts forth a sign or advertisement and assumes, for the purpose of soliciting business, a corporate name, not being incorporated, the company, association, or person commits a petty offense and is guilty of an additional petty offense for each day he, she, or it continues to so offend.
    Nothing contained in this Section prohibits a corporation, company, association, or person from using a divisional designation or trade name in conjunction with its corporate name or assumed name under Section 4.05 of the Business Corporation Act of 1983 or, if it is a member of a partnership or joint venture, from doing partnership or joint venture business under the partnership or joint venture name. The name under which the joint venture or partnership does business may differ from the names of the members. Business may not be conducted or transacted under that joint venture or partnership name, however, unless all provisions of the Assumed Business Name Act have been complied with. Nothing in this Section permits a foreign corporation to do business in this State without complying with all Illinois laws regulating the doing of business by foreign corporations. No foreign corporation may conduct or transact business in this State as a member of a partnership or joint venture that violates any Illinois law regulating or pertaining to the doing of business by foreign corporations in Illinois.
    The provisions of this Section do not apply to limited partnerships formed under the Revised Uniform Limited Partnership Act or under the Uniform Limited Partnership Act (2001).
(Source: P.A. 93‑967, eff. 1‑1‑05.)

(720 ILCS 5/17‑13)     Sec. 17‑13. Fraudulent land sales. A person, after once selling, bartering, or disposing of a tract or tracts of land, town lot or lots, or executing a bond or agreement for the sale of lands, or town lot or lots, who again knowingly and fraudulently sells, barters, or disposes of the same tract or tracts of land, or town lot or lots, or any parts of those tracts of land, town lot or lots, or knowingly and fraudulently executes a bond or agreement to sell, barter, or dispose of the same land, or lot or lots, or any part of that land, lot or lots, to any other person for a valuable consideration is guilty of a Class 3 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑14)     Sec. 17‑14. Party to fraudulent land conveyance. A person who is a party to a fraudulent conveyance of lands, tenements or hereditaments, goods or chattels, or a right or interest issuing out of the same, or to a bond, action, judgment, or enforcement thereof; contract or conveyance had, made, or contrived, with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands, or who is a party as stated in this Section, at any time wittingly and willingly puts in use, avow, maintain, justify, or defend the same or any of them as true, and done, had, or made in good faith, or upon good consideration, or sells, aliens, or assigns any of the lands, tenements, hereditaments, goods, chattels, or other things mentioned in this Section, to him or her conveyed as stated in this Section, or any part thereof, is guilty of a business offense and shall be fined not exceeding $1,000. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑15)     Sec. 17‑15. Acknowledgment of fraudulent conveyance. If an officer authorized to take the proof and acknowledgment of a conveyance of real or personal property, or other instrument, wilfully certifies that the conveyance or other instrument was duly proven or acknowledged by a party to the conveyance or other instrument, when no such acknowledgment or proof was made, or was not made at the time it was certified to have been made, with intent to injure or defraud, or to enable any other person to injure or defraud, he or she is guilty of a Class 4 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑16)     Sec. 17‑16. Fraudulent production of infant. A person who fraudulently produces an infant, falsely pretending it to have been born of parents whose child would be entitled to a share of a personal estate, or to inherit real estate, with the intent of intercepting the inheritance of the real estate, or the distribution of the personal property from a person lawfully entitled to the personal property, is guilty of a Class 3 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑17)     Sec. 17‑17. Fraudulent issuance of stock. Every president, cashier, treasurer, secretary, or other officer and every agent, attorney, servant, or employee of a bank, railroad, or manufacturing or other corporation, and every other person who, knowingly and designedly, and with intent to defraud a person, bank, railroad, or manufacturing or other corporation, issues, sells, transfers, assigns, or pledges, or causes or procures to be issued, sold, transferred, assigned, or pledged, any false, fraudulent, or simulated certificate or other evidence of ownership of a share or shares of the capital stock of a bank, railroad, or manufacturing or other corporation, is guilty of a Class 3 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑18)     Sec. 17‑18. Fraudulent stock; officer signing. Every president, cashier, treasurer, secretary, or other officer, and every agent of a bank, railroad, or manufacturing or other corporation, who wilfully and designedly signs, with intent to issue, sell, pledge, or cause to be issued, sold, or pledged, any false, fraudulent, or simulated certificate or other evidence of the ownership or transfer of a share or shares of the capital stock of that corporation, or an instrument purporting to be a certificate or other evidence of the ownership or transfer, the signing, issuing, selling, or pledging of which by the president, cashier, treasurer, or other officer or agent is not authorized by the charter and by‑laws of the corporations, or by some amendment of the charter or by‑laws, is, guilty of a Class 3 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑19)     Sec. 17‑19. Use of name Pawners' Society. No person, firm, copartnership, or corporation (except corporations organized and doing business under the Pawners Societies Act) shall use a name that contains in it the words "Pawners' Society". A person, firm, copartnership, or corporation violating the provisions of this Section is guilty of a petty offense for each day the person, firm, copartnership, or corporation continues to use a name that contains those words and shall be fined not less than $5, nor more than $100. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑20)     Sec. 17‑20. Obstructing gas, water, and electric current meters. A person, who, with intent to injure or defraud a company, body corporate, copartnership, or individual, injures, alters, obstructs, or prevents the action of a meter provided for the purpose of measuring and registering the quantity of gas, water, or electric current consumed by or at a burner, orifice, or place, or supplied to a lamp, motor, machine, or appliance, or causes, procures, or aids the injuring or altering of any such meter or the obstruction or prevention of its action, or makes or causes to be made with a gas pipe, water pipe, or electrical conductor any connection so as to conduct or supply illumination or inflammable gas, water, or electric current to any burner, orifice, lamp, motor, or other machine or appliance from which the gas, water, or electricity may be consumed or utilized without passing through or being registered by a meter or without the consent or acquiescence of the company, municipal corporation, body corporate, copartnership, or individual furnishing or transmitting the gas, water, or electric current through the gas pipe, water pipe, or electrical conductor, is guilty of a Class B misdemeanor. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑21)     Sec. 17‑21. Obstructing service meters. A person, who, with the intent to defraud, tampers with, alters, obstructs or prevents the action of a meter, register, or other counting device that is a part of a mechanical or electrical machine, equipment, or device that measures service, without the consent of the owner of the machine, equipment, or device, is guilty of a Class B misdemeanor. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑22)     Sec. 17‑22. False information on an application for employment with certain public or private agencies.     (a) It is unlawful for an applicant for employment with a public or private agency that provides State funded services to persons with mental illness or developmental disabilities to wilfully furnish false information regarding professional certification, licensing, criminal background, or employment history for the 5 years immediately preceding the date of application on an application for employment with the agency if the position of employment requires or provides opportunity for contact with persons with mental illness or developmental disabilities.     (b) Sentence. A violation of this Section is a Class A misdemeanor. (Source: P.A. 90‑390, eff. 1‑1‑98.)

(720 ILCS 5/17‑23)     Sec. 17‑23. Counterfeit Universal Price Code Label.     (a) A person who, with intent to defraud a merchant, possesses, uses, transfers, makes, sells, reproduces, tenders, or delivers a false, counterfeit, altered, or simulated Universal Price Code Label is guilty of a Class 4 felony.     (b) A person who possesses more than one false, counterfeit, altered, or simulated Universal Price Code Label or who possesses a device the purpose of which is to manufacture false, counterfeit, altered, or simulated Universal Price Code Labels is guilty of a Class 3 felony.     (c) (Blank).     (d) Definitions. In this Section:     "Universal Price Code Label" means a unique symbol that consists of a machine readable code and human readable numbers.     "Merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code.     "Intent to defraud" has the meaning ascribed to it in paragraph (iii) of subsection (A) of Section 17‑1 of this Code. (Source: P.A. 91‑136, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)

(720 ILCS 5/17‑24)     Sec. 17‑24. Fraudulent schemes and artifices.     (a) Fraud by wire, radio, or television.         (1) A person commits wire fraud when he or she:             (A) devises or intends to devise a scheme or

artifice to defraud or to obtain money or property by means of false pretenses, representations, or promises; and

(B) (i) transmits or causes to be transmitted

from within this State; or

(ii) transmits or causes to be transmitted

so that it is received by a person within this State; or

(iii) transmits or causes to be transmitted

so that it is reasonably foreseeable that it will be accessed by a person within this State:

any writings, signals, pictures, sounds, or electronic

or electric impulses by means of wire, radio, or television communications for the purpose of executing the scheme or artifice.

(2) A scheme or artifice to defraud using electronic

transmissions is deemed to occur in the county from which a transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission.

(3) Wire fraud is a Class 3 felony.     (b) Mail fraud.         (1) A person commits mail fraud when he or she:             (A) devises or intends to devise any scheme or

artifice to defraud or to obtain money or property by means of false or fraudulent pretenses, representations or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimidated or held out to be such counterfeit or spurious article; and

(B) for the purpose of executing such scheme or

artifice or attempting so to do, places in any post office or authorized depository for mail matter within this State, any matter or thing whatever to be delivered by the Postal Service, or deposits or causes to be deposited in this State by mail or by private or commercial carrier according to the direction on the matter or thing, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing.

(2) A scheme or artifice to defraud using a

government or private carrier is deemed to occur in the county in which mail or other matter is deposited with the Postal Service or a private commercial carrier for delivery, if deposited with the Postal Service or a private or commercial carrier within this State and the county in which a person within this State receives the mail or other matter from the Postal Service or a private or commercial carrier.

(3) Mail fraud is a Class 3 felony.     (c) (Blank).     (d) The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the scheme or artifice is committed.     (e) In this Section:         (1) "Scheme or artifice to defraud" includes a

scheme or artifice to deprive another of the intangible right to honest services.

(2) (Blank). (Source: P.A. 92‑16, eff. 6‑28‑01; 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/17‑25)     Sec. 17‑25. Use of scanning device or reencoder to defraud.     (a) In this Section:     "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.     "Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.     "Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.     "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator. "Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.     (b) It is unlawful for a person to use:         (1) a scanning device to access, read, obtain,

memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or

(2) a reencoder to place information encoded on the

magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.

(c) Sentence. A violation of this Section is a Class 4 felony. A second or subsequent violation of this Section is a Class 3 felony. (Source: P.A. 92‑818, eff. 8‑21‑02.)

(720 ILCS 5/17‑26)     Sec. 17‑26. Misconduct by a corporate official.     (a) A person is guilty of a crime when:         (1) being a director of a corporation, he knowingly

with a purpose to defraud, concurs in any vote or act of the directors of the corporation, or any of them, which has the purpose of:

(A) making a dividend except in the manner

provided by law;

(B) dividing, withdrawing or in any manner

paying any stockholder any part of the capital stock of the corporation except in the manner provided by law;

(C) discounting or receiving any note or other

evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with purpose of providing the means of making such payment;

(D) receiving or discounting any note or other

evidence of debt with the purpose of enabling any stockholder to withdraw any part of the money paid in by him on his stock; or

(E) applying any portion of the funds of such

corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law; or

(2) being a director or officer of a corporation,

he, with purpose to defraud:

(A) issues, participates in issuing, or concurs

in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;

(B) sells, or agrees to sell, or is directly

interested in the sale of any share of stock of such corporation, or in any agreement to sell such stock, unless at the time of the sale or agreement he is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation;

(C) executes a scheme or attempts to execute a

scheme to obtain any share of stock of such corporation by means of false representation; or

(3) being a director or officer of a corporation, he

with purpose to defraud or evade a financial disclosure reporting requirement of this State or of Section 13(A) or 15(D) of the Securities Exchange Act of 1934, as amended, 15 U. S. C. 78M(A) or 78O(D), he:

(A) causes or attempts to cause a corporation or

accounting firm representing the corporation or any other individual or entity to fail to file a financial disclosure report as required by State or federal law; or

(B) causes or attempts to cause a corporation or

accounting firm representing the corporation or any other individual or entity to file a financial disclosure report, as required by State or federal law, that contains a material omission or misstatement of fact.

(b) If the benefit derived from a violation of this Section is $500,000 or more, the offender is guilty of a Class 2 felony. If the benefit derived from a violation of this Section is less than $500,000, the offender is guilty of a Class 3 felony. (Source: P.A. 93‑496, eff. 1‑1‑04.)

(720 ILCS 5/17‑27)     Sec. 17‑27. Fraud in insolvency.     (a) A person commits a crime if, knowing that proceedings have or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he:         (1) destroys, removes, conceals, encumbers,

transfers, or otherwise deals with any property or obtains any substantial part of or interest in the debtor's estate with purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors;

(2) knowingly falsifies any writing or record

relating to the property; or

(3) knowingly misrepresents or refuses to disclose

to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.

(b) If the benefit derived from a violation of this Section is $500,000 or more, the offender is guilty of a Class 2 felony. If the benefit derived from a violation of this Section is less than $500,000, the offender is guilty of a Class 3 felony. (Source: P.A. 93‑496, eff. 1‑1‑04.)

(720 ILCS 5/17‑28)     Sec. 17‑28. Defrauding drug and alcohol screening tests.         (a) It is unlawful for a person to:         (1) manufacture, sell, give away, distribute, or

market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test;

(2) attempt to foil or defeat a drug or alcohol

screening test by the substitution or spiking of a sample or the advertisement of a sample substitution or other spiking device or measure;

(3) adulterate synthetic or human substances with the

intent to defraud a drug or alcohol screening test; or

(4) manufacture, sell, or possess adulterants that

are intended to be used to adulterate synthetic or human substances for the purpose of defrauding a drug or alcohol screening test.

(b) For the purpose of determining the intent of the

defendant who is charged with a violation of this Section, the trier of fact may take into consideration whether or not a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or whether or not instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products.

(c) Sentence. A violation of this Section is a Class 4

felony for which the court shall impose a minimum fine of $1,000.

(d) For the purposes of this Section, "drug or alcohol

screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing.

(Source: P.A. 93‑691, eff. 7‑9‑04.)

    (720 ILCS 5/17‑29)
    Sec. 17‑29. Businesses owned by minorities, females, and persons with disabilities; fraudulent contracts with governmental units.
    (a) In this Section:
        "Minority person" means a person who is: (1)

African American (a person having origins in any of the black racial groups in Africa); (2) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race); (3) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or (4) Native American or Alaskan Native (a person having origins in any of the original peoples of North America).

"Female" means a person who is of the female gender.         "Person with a disability" means a person who is a

person qualifying as being disabled.

"Disabled" means a severe physical or mental

disability that: (1) results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disabilities, or end stage renal failure disease; and (2) substantially limits one or more of the person's major life activities.

"Minority owned business" means a business concern

that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it.

"Female owned business" means a business concern that

is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it.

"Business owned by a person with a disability" means

a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not‑for‑profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".

"Governmental unit" means the State, a unit of local

government, or school district.

(b) In addition to any other penalties imposed by law or

by an ordinance or resolution of a unit of local government or school district, any individual or entity that knowingly obtains, or knowingly assists another to obtain, a contract with a governmental unit, or a subcontract or written commitment for a subcontract under a contract with a governmental unit, by falsely representing that the individual or entity, or the individual or entity assisted, is a minority owned business, female owned business, or business owned by a person with a disability is guilty of a Class 2 felony, regardless of whether the preference for awarding the contract to a minority owned business, female owned business, or business owned by a person with a disability was established by statute or by local ordinance or resolution.

(c) In addition to any other penalties authorized by law,

the court shall order that an individual or entity convicted of a violation of this Section must pay to the governmental unit that awarded the contract a penalty equal to one and one‑half times the amount of the contract obtained because of the false representation.

(Source: P.A. 94‑126, eff. 1‑1‑06; 94‑863, eff. 6‑16‑06.)

      (720 ILCS 5/Art. 17A heading)
ARTICLE 17A. DISQUALIFICATION FOR STATE BENEFITS

(720 ILCS 5/17A‑1) (from Ch. 38, par. 17A‑1)     Sec. 17A‑1. Persons under deportation order; ineligible for benefits. An individual against whom a United States Immigration Judge has issued an order of deportation which has been affirmed by the Board of Immigration Review, as well as an individual who appeals such an order pending appeal, under paragraph 19 of Section 241(a) of the Immigration and Nationality Act relating to persecution of others on account of race, religion, national origin or political opinion under the direction of or in association with the Nazi government of Germany or its allies, shall be ineligible for the following benefits authorized by State law:     (a) The homestead exemptions and homestead improvement exemption under Sections 15‑170, 15‑175, 15‑176, and 15‑180 of the Property Tax Code.     (b) Grants under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act.     (c) The double income tax exemption conferred upon persons 65 years of age or older by Section 204 of the Illinois Income Tax Act.     (d) Grants provided by the Department on Aging.     (e) Reductions in vehicle registration fees under Section 3‑806.3 of the Illinois Vehicle Code.     (f) Free fishing and reduced fishing license fees under Sections 20‑5 and 20‑40 of the Fish and Aquatic Life Code.     (g) Tuition free courses for senior citizens under the Senior Citizen Courses Act.     (h) Any benefits under the Illinois Public Aid Code. (Source: P.A. 93‑715, eff. 7‑12‑04.)

(720 ILCS 5/17A‑2) (from Ch. 38, par. 17A‑2)     Sec. 17A‑2. Any grants awarded to persons described in Section 17A‑1 of this Act may be recovered by the State of Illinois in a civil action commenced by the Attorney General in the circuit court of Sangamon County or the State's Attorney of the county of residence of the person described in Section 17A‑1 of this Act. (Source: P.A. 84‑1391.)

(720 ILCS 5/17A‑3) (from Ch. 38, par. 17A‑3)     Sec. 17A‑3. (a) Any person who has been found by a court to have received benefits in violation of Section 17A‑1 where:     (1) the total monetary value of the benefits involved in the violation is less than $150, shall be guilty of a Class A misdemeanor;     (2) the total monetary value of the benefits involved in the violation is $150 or more but less than $1,000, shall be guilty of a Class 4 felony;     (3) the total monetary value of the benefits involved in the violation is $1,000 or more but less than $5,000, shall be guilty of a Class 3 felony;     (4) the total monetary value of the benefits involved in the violation is $5,000 or more but less than $10,000, shall be guilty of a Class 2 felony; or     (5) the total monetary value of the benefits involved in the violation is $10,000 or more, shall be guilty of a Class 1 felony.     (b) Any person who commits a subsequent violation of Section 17A‑1 and:     (1) the total monetary value of the benefits involved in the subsequent violation is less than $150, shall be guilty of a Class 4 felony;     (2) the total monetary value of the benefits involved in the subsequent violation is $150 or more but less than $1,000, shall be guilty of a Class 3 felony;     (3) the total monetary value of the benefits involved in the subsequent violation is $1,000 or more but less than $5,000, shall be guilty of a Class 2 felony;     (4) the total monetary value of the benefits involved in the subsequent violation is $5,000 or more but less than $10,000, shall be guilty of a Class 1 felony.     (c) For purposes of determining the classification of offense under this Section, all of the monetary value of the benefits received as a result of the unlawful act, practice or course of conduct can be accumulated. (Source: P.A. 84‑1391.)

(720 ILCS 5/17A‑3.1) (from Ch. 38, par. 17A‑3.1)     Sec. 17A‑3.1. An individual described in Section 17A‑1 who has been deported shall be restored to any benefits which that individual has been denied under State law pursuant to Section 17A‑1 if (a) the Attorney General of the United States has issued an order cancelling deportation and has adjusted the status of the individual to that of an alien lawfully admitted for permanent residence in the United States or (b) the country to which the individual has been deported adjudicates or exonerates the individual in a judicial or administrative proceeding as not being guilty of the persecution of others on account of race, religion, national origin or political opinion under the direction of or in association with the Nazi government of Germany or its allies. (Source: P.A. 84‑1391.)

(720 ILCS 5/17A‑4) (from Ch. 38, par. 17A‑4)     Sec. 17A‑4. This Article shall be applicable to persons who have filed applications for benefits prior to, on or after its effective date. (Source: P.A. 84‑1391.)

      (720 ILCS 5/Art. 17B heading)
ARTICLE 17B. WIC FRAUD

(720 ILCS 5/17B‑0.05)     Sec. 17B‑0.05. Re‑enactment; findings; purposes.     (a) The General Assembly finds and declares that:         (1) Section 50‑5 of Public Act 88‑680, effective

January 1, 1995, contained provisions adding the WIC Fraud Article to the Criminal Code of 1961. Section 50‑5 also contained other provisions.

(2) In addition, Public Act 88‑680 was entitled "An

Act to create a Safe Neighborhoods Law". (i) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (ii) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (iii) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (iv) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (v) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (vi) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (vii) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (viii) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (ix) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections.

(3) On September 22, 1998, the Third District

Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88‑680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.

(4) WIC fraud is a vital concern to the people of

this State and the validity of future prosecutions under the WIC fraud provisions of the Criminal Code of 1961 is in grave doubt.

(b) It is the purpose of this amendatory Act of 1999 to prevent or minimize any problems relating to prosecutions for WIC fraud that may result from challenges to the constitutional validity of Public Act 88‑680 by re‑enacting the Sections relating to WIC fraud that were included in Public Act 88‑680.     (c) This amendatory Act of 1999 re‑enacts Article 17B of the Criminal Code of 1961, as it has been amended. This re‑enactment is intended to remove any question as to the validity or content of that Article; it is not intended to supersede any other Public Act that amends the text of a Section as set forth in this amendatory Act of 1999. Except for a grammatical correction in Section 17B‑10 and a correction of the Section number to Section 17B‑30, the material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court.     (d) The re‑enactment by this amendatory Act of 1999 of certain Sections relating to WIC fraud that were enacted by Public Act 88‑680 is not intended, and shall not be construed, to imply that Public Act 88‑680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re‑enacted by other Public Acts. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑1)     Sec. 17B‑1. Legislative Intent. Because of the pervasive nature of fraud in the Special Supplemental Food Program for Women, Infants and Children (known as WIC) and the negative effect of that fraud on the People of the State of Illinois and those individuals who need WIC benefits, the General Assembly declares it to be public policy that Special Supplemental Food Program for Women, Infants and Children (WIC) Benefits Fraud be identified and dealt with swiftly and appropriately considering the onerous nature of the crime. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑5)     Sec. 17B‑5. Violations. A person who knowingly (i) uses, acquires, possesses, or transfers Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments or authorizations to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) in any manner not authorized by law or the rules of the Illinois Department of Public Health or Department of Human Services or (ii) alters, uses, acquires, possesses, or transfers altered Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments or authorizations to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) is guilty of a violation of this Article and shall be punished as provided in Section 17B‑20. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑10)     Sec. 17B‑10. Administrative malfeasance.     (a) A person who misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available for the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) is guilty of a violation of this Article and shall be punished as provided in Section 17B‑20.     (b) An official or employee of a State, county, or unit of local government who willfully facilitates, aids, abets, assists, or knowingly participates in a known violation of Section 17B‑5, 17B‑10, or 17B‑15 is subject to disciplinary proceedings under the rules of the applicable Illinois Department or unit of local government. (Source: P.A. 91‑155, eff. 7‑16‑99; 91‑357, eff. 7‑29‑99.)

(720 ILCS 5/17B‑15)     Sec. 17B‑15. Unauthorized possession of identification document. Any person who possesses for an unlawful purpose another person's identification document issued by the Illinois Department of Public Health or Department of Human Services is guilty of a Class 4 felony. For purposes of this Section, "identification document" includes, but is not limited to, an authorization to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) or a card or other document that identifies a person as being entitled to benefits in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC). (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑20)     Sec. 17B‑20. Penalties.     (a) If a person, firm, corporation, association, agency, institution, or other legal entity is found by a court to have engaged in an act, practice, or course of conduct declared unlawful under Sections 17B‑5 or 17B‑15 of this Article and:         (1) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is less than $150, the violation is a Class A misdemeanor;

(2) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 4 felony;

(3) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 3 felony;

(4) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities is $5,000 or more but less than $10,000, the violation is a Class 2 felony; or

(5) the total amount of money involved in the

violation, including the monetary value of Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities is $10,000 or more, the violation is a Class 1 felony and the defendant shall be permanently ineligible to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC).

The State's Attorney of the County in which the violation of this Article occurred or the Attorney General shall bring actions arising under this Article in the name of the people of the State of Illinois.     (b) If a person, firm, corporation, association, agency, institution, or other legal entity commits a second or subsequent violation of this Article and:         (1) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is less than $150, the violation is a Class 4 felony;

(2) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 3 felony;

(3) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 2 felony; or

(4) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $5,000 or more but less than $10,000, the violation is a Class 1 felony.

(c) For purposes of determining the classification of offense under this Section, all of the money received as a result of the unlawful act, practice, or course of conduct, including the value of any WIC Food Instruments, shall be aggregated. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑25)     Sec. 17B‑25. Forfeiture.     (a) A person who commits a felony violation of this Article shall forfeit, according to this Section, (i) any moneys, profits, or proceeds the person acquired, in whole or in part, as a result of committing the violation and (ii) any property or interest in property that the sentencing court determines the person acquired, in whole or in part, as a result of committing the violation or the person maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. The person shall forfeit any interest in, securities of claim against, or contractual right of any kind that affords the person a source of influence over, any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with the interest, security of claim, or contractual right, directly or indirectly, in whole or in part, is traceable to any thing or benefit that the person has obtained or acquired as a result of a felony violation of this Article.     (b) The following items are subject to forfeiture:         (1) All moneys, things of value, books, records, and

research products and materials that are used or intended to be used in committing a felony violation of this Article.

(2) Everything of value furnished, or intended to be

furnished, in exchange for a substance in violation of this Article, all proceeds traceable to that exchange, and all moneys, negotiable instruments, and securities used or intended to be used to commit or in any manner to facilitate the commission of a felony violation of this Article.

(3) All real property, including any right, title,

and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used, in any manner or part, to commit or in any manner to facilitate the commission of a felony violation of this Article or that is the proceeds of any act that constitutes a felony violation of this Article.

(c) Property subject to forfeiture under this Article may be seized by the Director of State Police or any local law enforcement agency upon process or seizure warrant issued by any court having jurisdiction over the property. The Director or a local law enforcement agency may seize property under this Section without process under any of the following circumstances:         (1) If the seizure is incident to inspection under

an administrative inspection warrant.

(2) If the property subject to seizure has been the

subject of a prior judgment in favor of the State in a criminal proceeding or in an injunction or forfeiture proceeding under this Article.

(3) If there is probable cause to believe that the

property is directly or indirectly dangerous to health or safety.

(4) If there is probable cause to believe that the

property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable.

(5) In accordance with the Code of Criminal

Procedure of 1963.

(d) Proceedings instituted pursuant to this Section shall be subject to and conducted in accordance with the procedures set forth in this subsection.     The sentencing court, on petition by the Attorney General or State's Attorney at any time following sentencing of the defendant, shall conduct a hearing to determine whether any property or property interest of the defendant is subject to forfeiture under this Section. At the forfeiture hearing the People have the burden of establishing, by a preponderance of the evidence, that the property or property interest is subject to forfeiture.     In an action brought by the People of the State of Illinois under this Section, in which a restraining order, injunction, prohibition, or other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person charged with a felony violation of this Article shall first determine whether there is probable cause to believe that the person so charged has committed an offense under this Article and whether the property or interest is subject to forfeiture under this Section. To make that determination, before entering an order in connection with that property or interest, the court shall conduct a hearing without a jury, at which the People must establish that there is (i) probable cause that the person charged committed a felony offense under this Article and (ii) probable cause that property or interest may be subject to forfeiture under this Section. The hearing may be conducted simultaneously with a preliminary hearing, if the prosecution is commenced by information or complaint, or by motion of the People at any stage in the proceedings. The court may accept, at a preliminary hearing, (i) the filing of an information charging that the defendant committed a felony offense under this Article (ii) the return of an indictment by a grand jury charging that the defendant committed a felony offense under this Article as sufficient evidence of probable cause that the person committed the offense.     Upon making finding of probable cause, the circuit court shall enter a restraining order, injunction, or prohibition or shall take other action in connection with the property or other interest subject to forfeiture under this Article as is necessary to insure that the property is not removed from the jurisdiction of the court, concealed, destroyed, or otherwise disposed of by the owner of that property or interest before a forfeiture hearing under this subsection. The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder or registrar of titles of each county in which the property may be located. No injunction, restraining order, or other prohibition issued under this Section shall affect the rights of any bonafide purchaser, mortgagee, judgment creditor, or other lien holder that arose before the date the certified copy is filed.     The court may at any time, on verified petition by the defendant, conduct a hearing to determine whether all or any portion of the property or interest, which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition, or other action, should be released. The court may in its discretion release the property to the defendant for good cause shown.     Upon conviction of a person for a felony violation of this Article, the court shall authorize the Director or State Police to seize any property or other interest declared forfeited under this Section on terms and conditions the court deems proper.     (e) Property taken or detained under this Section shall not be subject to replevin, but is deemed to be in the custody of the Director subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the Attorney General or State's Attorney under this Article. When property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the estimate of the property's value to the Director of State Police. Upon receiving the notice of seizure, the Director may do any of the following:         (1) Place the property under seal.         (2) Remove the property to a place designated by the

Director.

(3) Keep the property in the possession of the

seizing agency.

(4) Remove the property to a storage area for

safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account.

(5) Place the property under constructive seizure by

posting notice of the pending forfeiture on it, by giving notice of the pending forfeiture to its owners and interest holders, or by filing a notice of the pending forfeiture in any appropriate public record relating to the property.

(6) Provide for another agency or custodian,

including an owner, secured party, or lienholder, to take custody of the property on terms and conditions set by the Director.

(f) When property is forfeited under this Article the Director of State Police shall sell the property unless the property is required by law to be destroyed or is harmful to the public. The Director shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with subsection (g). On the application of the seizing agency or prosecutor who was responsible for the investigation, arrest, and prosecution that lead to the forfeiture, however, the Director may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws relating to this Article if the agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in their enforcement efforts. When any real property returned to the seizing agency is sold by the agency or its unit of government, the proceeds of the sale shall be delivered to the Director and distributed in accordance with subsection (g).     (g) Except as provided in subsection (f), all moneys from penalties and the proceeds of sale of all property forfeited and seized under this Article shall be distributed to the WIC program administered by the Illinois Department of Human Services. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑30)     Sec. 17B‑30. Future participation in the WIC program. A person who has been convicted of a felony violation of this Article shall be prohibited from participating as a WIC vendor for a minimum period of 3 years following conviction and until the total amount of money involved in the violation, including the value of WIC Food Instruments, is repaid to the WIC program. This prohibition shall extend to any person with management responsibility in a firm, corporation, association, agency, institution, or other legal entity that has been convicted of a violation of this Article and to an officer or person owning, directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate vendor. (Source: P.A. 91‑155, eff. 7‑16‑99.)

      (720 ILCS 5/Art. 18 heading)
ARTICLE 18. ROBBERY

(720 ILCS 5/18‑1) (from Ch. 38, par. 18‑1)     Sec. 18‑1. Robbery.     (a) A person commits robbery when he or she takes property, except a motor vehicle covered by Section 18‑3 or 18‑4, from the person or presence of another by the use of force or by threatening the imminent use of force.     (b) Sentence.     Robbery is a Class 2 felony. However, if the victim is 60 years of age or over or is a physically handicapped person, or if the robbery is committed in a school or place of worship, robbery is a Class 1 felony. (Source: P.A. 91‑360, eff. 7‑29‑99.)

(720 ILCS 5/18‑2) (from Ch. 38, par. 18‑2)     Sec. 18‑2. Armed robbery.     (a) A person commits armed robbery when he or she violates Section 18‑1; and         (1) he or she carries on or about his or her person

or is otherwise armed with a dangerous weapon other than a firearm; or

(2) he or she carries on or about his or her person

or is otherwise armed with a firearm; or

(3) he or she, during the commission of the offense,

personally discharges a firearm; or

(4) he or she, during the commission of the offense,

personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(b) Sentence.     Armed robbery in violation of subsection (a)(1) is a Class X felony. A violation of subsection (a)(2) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(3) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court. (Source: P.A. 91‑404, eff. 1‑1‑00.)

(720 ILCS 5/18‑3)     Sec. 18‑3. Vehicular hijacking.     (a) A person commits vehicular hijacking when he or she takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.     (b) For the purposes of this Article, the term "motor vehicle" shall have the meaning ascribed to it in the Illinois Vehicle Code.     (c) Sentence. Vehicular hijacking is a Class 1 felony. (Source: P.A. 88‑351; 88‑670, eff. 12‑2‑94.)

    (720 ILCS 5/18‑4)
    Sec. 18‑4. Aggravated vehicular hijacking.
    (a) A person commits aggravated vehicular hijacking when he or she violates Section 18‑3; and
        (1) the person from whose immediate presence the

motor vehicle is taken is a physically handicapped person or a person 60 years of age or over; or

(2) a person under 16 years of age is a passenger in

the motor vehicle at the time of the offense; or

(3) he or she carries on or about his or her person,

or is otherwise armed with a dangerous weapon, other than a firearm; or

(4) he or she carries on or about his or her person

or is otherwise armed with a firearm; or

(5) he or she, during the commission of the offense,

personally discharges a firearm; or

(6) he or she, during the commission of the offense,

personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(b) Sentence. Aggravated vehicular hijacking in violation of subsections (a)(1) or (a)(2) is a Class X felony. Aggravated vehicular hijacking in violation of subsection (a)(3) is a Class X felony for which a term of imprisonment of not less than 7 years shall be imposed. Aggravated vehicular hijacking in violation of subsection (a)(4) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. Aggravated vehicular hijacking in violation of subsection (a)(5) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. Aggravated vehicular hijacking in violation of subsection (a)(6) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court. (Source: P.A. 91‑404, eff. 1‑1‑00.)

(720 ILCS 5/18‑5)     Sec. 18‑5. Aggravated robbery.     (a) A person commits aggravated robbery when he or she takes property from the person or presence of another by the use of force or by threatening the imminent use of force while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense shall be applicable even though it is later determined that he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her possession when he or she committed the robbery.     (a‑5) A person commits aggravated robbery when he or she takes property from the person or presence of another by delivering (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.     (b) Sentence. Aggravated robbery is a Class 1 felony. (Source: P.A. 90‑593, eff. 1‑1‑99; 90‑735, eff. 8‑11‑98; 91‑357, eff. 7‑29‑99.)

      (720 ILCS 5/Art. 19 heading)
ARTICLE 19. BURGLARY

(720 ILCS 5/19‑1) (from Ch. 38, par. 19‑1)     Sec. 19‑1. Burglary.     (a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4‑102 of the Illinois Vehicle Code.     (b) Sentence.     Burglary is a Class 2 felony. A burglary committed in a school or place of worship is a Class 1 felony. (Source: P.A. 91‑360, eff. 7‑29‑99; 91‑928, eff. 6‑1‑01.)

(720 ILCS 5/19‑2) (from Ch. 38, par. 19‑2)     Sec. 19‑2. Possession of burglary tools.     (a) A person commits the offense of possession of burglary tools when he possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle as defined in The Illinois Vehicle Code, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter any such place and with intent to commit therein a felony or theft.     (b) Sentence.     Possession of burglary tools in violation of this Section is a Class 4 felony. (Source: P. A. 78‑255.)

(720 ILCS 5/19‑3) (from Ch. 38, par. 19‑3)     Sec. 19‑3. Residential burglary.     (a) A person commits residential burglary who knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. This offense includes the offense of burglary as defined in Section 19‑1.     (b) Sentence. Residential burglary is a Class 1 felony. (Source: P.A. 91‑928, eff. 6‑1‑01.)

(720 ILCS 5/19‑4) (from Ch. 38, par. 19‑4)     Sec. 19‑4. Criminal trespass to a residence.     (a) (1) A person commits the offense of criminal trespass to a residence when, without authority, he knowingly enters or remains within any residence, including a house trailer.     (2) A person commits the offense of criminal trespass to a residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason to know that one or more persons is present.     (3) For purposes of this Section, in the case of a multi‑unit residential building or complex, "residence" shall only include the portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational areas or lobbies.     (b) Sentence.         (1) Criminal trespass to a residence under paragraph

(1) of subsection (a) is a Class A misdemeanor.

(2) Criminal trespass to a residence under paragraph

(2) of subsection (a) is a Class 4 felony.

(Source: P.A. 91‑895, eff. 7‑6‑00.)

    (720 ILCS 5/19‑5)(from Ch. 38, par. 19‑5)
    Sec. 19‑5. Criminal fortification of a residence or building.
    (a) A person commits the offense of criminal fortification of a residence or building when, with the intent to prevent the lawful entry of a law enforcement officer or another, he maintains a residence or building in a fortified condition, knowing that such residence or building is used for the manufacture, storage, delivery, or trafficking of cannabis, controlled substances, or methamphetamine as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
    (b) "Fortified condition" means preventing or impeding entry through the use of steel doors, wooden planking, crossbars, alarm systems, dogs, or other similar means.
    (c) Sentence. Criminal fortification of a residence or building is a Class 3 felony.
    (d) This Section does not apply to the fortification of a residence or building used in the manufacture of methamphetamine as described in Sections 10 and 15 of the Methamphetamine Control and Community Protection Act.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
      (720 ILCS 5/Art. 20 heading)
ARTICLE 20. ARSON

(720 ILCS 5/20‑1) (from Ch. 38, par. 20‑1)     Sec. 20‑1. Arson.     A person commits arson when, by means of fire or explosive, he knowingly:     (a) Damages any real property, or any personal property having a value of $150 or more, of another without his consent; or     (b) With intent to defraud an insurer, damages any property or any personal property having a value of $150 or more.     Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.     (c) Sentence.     Arson is a Class 2 felony. (Source: P. A. 77‑2638.)

    (720 ILCS 5/20‑1.1)(from Ch. 38, par. 20‑1.1)
    Sec. 20‑1.1. Aggravated Arson.
    (a) A person commits aggravated arson when in the course of committing arson he or she knowingly damages, partially or totally, any building or structure, including any adjacent building or structure, including all or any part of a school building, house trailer, watercraft, motor vehicle, or railroad car, and (1) he knows or reasonably should know that one or more persons are present therein or (2) any person suffers great bodily harm, or permanent disability or disfigurement as a result of the fire or explosion or (3) a fireman, policeman, or correctional officer who is present at the scene acting in the line of duty is injured as a result of the fire or explosion. For purposes of this Section, property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest that the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property; and "school building" means any public or private preschool, elementary or secondary school, community college, college, or university.
    (b) Sentence. Aggravated arson is a Class X felony.
(Source: P.A. 93‑335, eff. 7‑24‑03; 94‑127, eff. 7‑7‑05; 94‑393, eff. 8‑1‑05.)

(720 ILCS 5/20‑1.2)     Sec. 20‑1.2. Residential arson.     (a) A person commits the offense of residential arson when, in the course of committing an arson, he or she knowingly damages, partially or totally, any building or structure that is the dwelling place of another.     (b) Sentence. Residential arson is a Class 1 felony. (Source: P.A. 90‑787, eff. 8‑14‑98.)

(720 ILCS 5/20‑1.3)     Sec. 20‑1.3. Place of worship arson.     (a) A person commits the offense of place of worship arson when, in the course of committing an arson, he or she knowingly damages, partially or totally, any place of worship.     (b) Sentence. Place of worship arson is a Class 1 felony. (Source: P.A. 93‑169, eff. 7‑10‑03.)

    720 ILCS 5/20‑1.4
    Sec. 20‑1.4. (Repealed).
(Source: 93‑969, eff. 1‑1‑05. Repealed by P.A. 94‑556, eff. 9‑11‑2005.)

    (720 ILCS 5/20‑1.5)
    Sec. 20‑1.5. (Repealed).
(Source: P.A. 93‑969, eff. 1‑1‑05. Repealed by P.A. 94‑556, eff. 9‑11‑2005.)

    (720 ILCS 5/20‑2)(from Ch. 38, par. 20‑2)
    Sec. 20‑2. Possession of explosives or explosive or incendiary devices.
    (a) A person commits the offense of possession of explosives or explosive or incendiary devices in violation of this Section when he or she possesses, manufactures or transports any explosive compound, timing or detonating device for use with any explosive compound or incendiary device and either intends to use such explosive or device to commit any offense or knows that another intends to use such explosive or device to commit a felony.
    (b) Sentence.
    Possession of explosives or explosive or incendiary devices in violation of this Section is a Class 1 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 30 years.
    (c) (Blank).
(Source: P.A. 93‑594, eff. 1‑1‑04; 94‑556, eff. 9‑11‑05.)
      (720 ILCS 5/Art. 20.5 heading)
ARTICLE 20.5. CAUSING A CATASTROPHE; DEADLY SUBSTANCES

(720 ILCS 5/20.5‑5)     Sec. 20.5‑5. Causing a catastrophe.     (a) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by explosion, fire, flood, collapse of a building, release of poison, radioactive material, bacteria, virus, or other dangerous and difficult to confine force or substance.     (b) As used in this Section, "catastrophe" means serious physical injury to 5 or more persons or substantial damage to 5 or more buildings or inhabitable structures or substantial damage to a vital public facility that seriously impairs its usefulness or operation; and "vital public facility" means a facility that is necessary to ensure or protect the public health, safety, or welfare, including but not limited to, a hospital, law enforcement agency, fire department, private or public utility company, national defense contractor, a facility of the armed forces, or emergency services agency.     (c) Sentence. Causing a catastrophe is a Class X felony. (Source: P.A. 90‑669, eff. 7‑31‑98.)

(720 ILCS 5/20.5‑6)     Sec. 20.5‑6. Possession of a deadly substance.     (a) A person commits the offense of possession of a deadly substance when he or she possesses, manufactures or transports any poisonous gas, deadly biological or chemical contaminant or agent, or radioactive substance either with the intent to use such gas, biological or chemical contaminant or agent, or radioactive substance to commit a felony or with the knowledge that another person intends to use such gas, biological or chemical contaminant or agent, or radioactive substance to commit a felony.     (b) Sentence. Possession of a deadly substance is a Class 1 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 4 years and not more than 30 years. (Source: P.A. 91‑121, eff. 7‑15‑99.)

      (720 ILCS 5/Art. 21 heading)
ARTICLE 21. DAMAGE AND TRESPASS TO PROPERTY

    (720 ILCS 5/21‑1)(from Ch. 38, par. 21‑1)
    Sec. 21‑1. Criminal damage to property.
    (1) A person commits an illegal act when he:
        (a) knowingly damages any property of another without

his consent; or

(b) recklessly by means of fire or explosive damages

property of another; or

(c) knowingly starts a fire on the land of another

without his consent; or

(d) knowingly injures a domestic animal of another

without his consent; or

(e) knowingly deposits on the land or in the building

of another, without his consent, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; or

(f) damages any property, other than as described in

subsection (b) of Section 20‑1, with intent to defraud an insurer; or

(g) knowingly shoots a firearm at any portion of a

railroad train.

When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.     (2) The acts described in items (a), (b), (c), (e), and (f) are Class A misdemeanors if the damage to property does not exceed $300. The acts described in items (a), (b), (c), (e), and (f) are Class 4 felonies if the damage to property does not exceed $300 if the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns. The act described in item (d) is a Class 4 felony if the damage to property does not exceed $10,000. The act described in item (g) is a Class 4 felony. The acts described in items (a), (b), (c), (e), and (f) are Class 4 felonies if the damage to property exceeds $300 but does not exceed $10,000. The acts described in items (a) through (f) are Class 3 felonies if the damage to property exceeds $300 but does not exceed $10,000 if the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns. The acts described in items (a) through (f) are Class 3 felonies if the damage to property exceeds $10,000 but does not exceed $100,000. The acts described in items (a) through (f) are Class 2 felonies if the damage to property exceeds $10,000 but does not exceed $100,000 if the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns. The acts described in items (a) through (f) are Class 2 felonies if the damage to property exceeds $100,000. The acts described in items (a) through (f) are Class 1 felonies if the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns. If the damage to property exceeds $10,000, the court shall impose upon the offender a fine equal to the value of the damages to the property.     For the purposes of this subsection (2), "farm equipment" means machinery or other equipment used in farming.     (3) In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal damage to property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.     This subsection does not apply when the court imposes a sentence of incarceration. (Source: P.A. 94‑509, eff. 8‑9‑05.)

(720 ILCS 5/21‑1.1) (from Ch. 38, par. 21‑1.1)     Sec. 21‑1.1. Criminal Damage of Fire Fighting Apparatus, Hydrants or Equipment.     Whoever wilfully and maliciously cuts, injures, damages, tampers with or destroys or defaces any fire hydrant or any fire hose or any fire engine, or other public or private fire fighting equipment, or any apparatus appertaining to such equipment, or intentionally opens any fire hydrant without proper authorization, is guilty of a Class B misdemeanor. (Source: P.A. 78‑255.)

(720 ILCS 5/21‑1.2) (from Ch. 38, par. 21‑1.2)     Sec. 21‑1.2. Institutional vandalism.     (a) A person commits institutional vandalism when, by reason of the actual or perceived race, color, creed, religion or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she knowingly and without consent inflicts damage to any of the following properties:         (1) A church, synagogue, mosque, or other building,

structure or place used for religious worship or other religious purpose;

(2) A cemetery, mortuary, or other facility used for

the purpose of burial or memorializing the dead;

(3) A school, educational facility or community

center;

(4) The grounds adjacent to, and owned or rented by,

any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a); or

(5) Any personal property contained in any

institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a).

(b) Institutional vandalism is a Class 3 felony if the damage to the property does not exceed $300. Institutional vandalism is a Class 2 felony if the damage to the property exceeds $300. Institutional vandalism is a Class 2 felony for any second or subsequent offense.     (b‑5) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of institutional vandalism. The court may also impose any other condition of probation or conditional discharge under this Section.     (c) Independent of any criminal prosecution or the result of that prosecution, a person suffering damage to property or injury to his or her person as a result of institutional vandalism may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians of an unemancipated minor, other than guardians appointed under the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages rendered against the minor under this subsection in an amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law. (Source: P.A. 92‑830, eff. 1‑1‑03.)

(720 ILCS 5/21‑1.3)     Sec. 21‑1.3. Criminal defacement of property.     (a) A person commits criminal defacement of property when the person knowingly damages the property of another without his or her consent by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device.     (b) Criminal defacement of property is a Class A misdemeanor for a first offense if the damage to the property does not exceed $300. Criminal defacement of property is a Class 4 felony if the damage to property does not exceed $300 and the property damaged is a school building or place of worship. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or if the damage to the property exceeds $300. Criminal defacement of property is a Class 3 felony if the damage to property exceeds $300 and the property damaged is a school building or place of worship. In addition to any other sentence that may be imposed for a violation of this Section that is chargeable as a Class 3 or Class 4 felony, a person convicted of criminal defacement of property shall be subject to a mandatory minimum fine of $500 plus the actual costs incurred by the property owner or the unit of government to abate, remediate, repair, or remove the effect of the damage to the property. To the extent permitted by law, reimbursement for the costs of abatement, remediation, repair, or removal shall be payable to the person who incurred the costs. In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal defacement of property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage to property that was caused by the offense, or similar damage to property located in the municipality or county in which the offense occurred. If the property damaged is a school building, the community service may include cleanup, removal, or painting over the defacement. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service. (Source: P.A. 90‑685, eff. 1‑1‑99; 91‑360, eff. 7‑29‑99; 91‑931, eff. 6‑1‑01.)

(720 ILCS 5/21‑1.4)     Sec. 21‑1.4. Jackrocks.     (a) A person who knowingly sells, gives away, manufactures, purchases, or possesses a jackrock or who knowingly places, tosses, or throws a jackrock on public or private property commits a Class A misdemeanor.     (b) As used in this Section, "jackrock" means a caltrop or other object manufactured with one or more rounded or sharpened points, which when placed or thrown present at least one point at such an angle that it is peculiar to and designed for use in puncturing or damaging vehicle tires. It does not include a device designed to puncture or damage the tires of a vehicle driven over it in a particular direction, if a conspicuous and clearly visible warning is posted at the device's location, alerting persons to its presence.     (c) This Section does not apply to the possession, transfer, or use of jackrocks by any law enforcement officer in the course of his or her official duties. (Source: P.A. 89‑130, eff. 7‑14‑95.)

    (720 ILCS 5/21‑1.5)
    Sec. 21‑1.5. (Repealed).
(Source: P.A. 93‑596, eff. 8‑26‑03. Repealed by P.A. 94‑556, eff. 9‑11‑05.)

(720 ILCS 5/21‑2) (from Ch. 38, par. 21‑2)     Sec. 21‑2. Criminal trespass to vehicles. Whoever knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft or snowmobile commits a Class A misdemeanor. (Source: P.A. 83‑488.)

    (720 ILCS 5/21‑3)(from Ch. 38, par. 21‑3)
    (Text of Section from P.A. 94‑263)
    Sec. 21‑3. Criminal trespass to real property.
    (a) Whoever:
        (1) knowingly and without lawful authority enters or

remains within or on a building; or

(2) enters upon the land of another, after

receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or

(3) remains upon the land of another, after

receiving notice from the owner or occupant to depart; or

(3.5) presents false documents or falsely represents

his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land; or

(4) enters upon one of the following areas in or on

a motor vehicle (including an off‑road vehicle, motorcycle, moped, or any other powered two‑wheel vehicle), after receiving prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart:

(A) any field that is used for growing crops or

which is capable of being used for growing crops; or

(B) an enclosed area containing livestock; or             (C) or an orchard; or             (D) a barn or other agricultural building

containing livestock;

commits a Class B misdemeanor.     For purposes of item (1) of this subsection, this Section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this Section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.     (b) A person has received notice from the owner or occupant within the meaning of Subsection (a) if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A‑3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A‑14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.     (c) This Section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his agent having apparent authority to hire workers on such land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.     (d) A person shall be exempt from prosecution under this Section if he beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this subsection, "unoccupied and abandoned residential and industrial property" means any real estate (1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.     (e) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to subsection (d) of this Section.     (f) This Section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection (f), "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.     (g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties. (Source: P.A. 94‑263, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑509)     Sec. 21‑3. Criminal trespass to real property.     (a) Except as provided in subsection (a‑5), whoever:         (1) knowingly and without lawful authority enters or

remains within or on a building; or

(2) enters upon the land of another, after receiving,

prior to such entry, notice from the owner or occupant that such entry is forbidden; or

(3) remains upon the land of another, after receiving

notice from the owner or occupant to depart;

commits a Class B misdemeanor.     For purposes of item (1) of this subsection, this Section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this Section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.     (a‑5) Except as otherwise provided in this subsection, whoever enters upon any of the following areas in or on a motor vehicle (including an off‑road vehicle, motorcycle, moped, or any other powered two‑wheel vehicle) after receiving, prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart commits a Class A misdemeanor:         (1) A field that is used for growing crops or that is

capable of being used for growing crops.

(2) An enclosed area containing livestock.         (3) An orchard.         (4) A barn or other agricultural building containing

livestock.

(b) A person has received notice from the owner or occupant within the meaning of Subsection (a) if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A‑3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A‑14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.     (c) This Section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his agent having apparent authority to hire workers on such land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.     (d) A person shall be exempt from prosecution under this Section if he beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this subsection, "unoccupied and abandoned residential and industrial property" means any real estate (1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.     (e) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to subsection (d) of this Section.     (f) This Section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection (f), "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction. (Source: P.A. 94‑509, eff. 8‑9‑05.)       (Text of Section from P.A. 94‑512)     Sec. 21‑3. Criminal trespass to real property.     (a) Whoever:         (1) knowingly and without lawful authority enters or

remains within or on a building; or

(2) enters upon the land of another, after

receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or

(3) remains upon the land of another, after

receiving notice from the owner or occupant to depart; or

(4) enters upon one of the following areas in or on

a motor vehicle (including an off‑road vehicle, motorcycle, moped, or any other powered two‑wheel vehicle), after receiving prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart:

(A) any field that is used for growing crops or

which is capable of being used for growing crops; or

(B) an enclosed area containing livestock; or             (C) or an orchard; or             (D) a barn or other agricultural building

containing livestock;

commits a Class B misdemeanor.     For purposes of item (1) of this subsection, this Section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this Section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.     (b) A person has received notice from the owner or occupant within the meaning of Subsection (a) if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A‑3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A‑14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.     (c) This Section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his agent having apparent authority to hire workers on such land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.     (d) A person shall be exempt from prosecution under this Section if he beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this subsection, "unoccupied and abandoned residential and industrial property" means any real estate (1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.     (e) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to subsection (d) of this Section.     (f) This Section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection (f), "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.     (g) A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (g):         "Land" includes, but is not limited to, land used for

crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.

"Owner" means the person who has the right to

possession of the land, including the owner, operator or tenant.

"Vehicle" has the same meaning as provided under

Section 1‑217 of the Illinois Vehicle Code.

(Source: P.A. 94‑512, eff. 1‑1‑06.)

(720 ILCS 5/21‑4) (from Ch. 38, par. 21‑4)     Sec. 21‑4. Criminal Damage to Government Supported Property.     (1) Any of the following acts is a Class 4 felony when the damage to property is $500 or less, and any such act is a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000 and a Class 1 felony when the damage to property exceeds $100,000:         (a) Knowingly damages any property supported in

whole or in part with State funds, funds of a unit of local government or school district, or Federal funds administered or granted through State agencies without the consent of the State; or

(b) Knowingly, by means of fire or explosive damages

property supported in whole or in part with State funds, funds of a unit of local government or school district, or Federal funds administered or granted through State agencies; or

(c) Knowingly starts a fire on property supported in

whole or in part with State funds, funds of a unit of local government or school district, or Federal funds administered or granted through State agencies without the consent of the State; or

(d) Knowingly deposits on land or in a building

supported in whole or in part with State funds, funds of a unit of local government or school district, or Federal funds administered or granted through State agencies without the consent of the State, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building.

(2) When the damage to property exceeds $10,000, the court shall impose upon the offender a fine equal to the value of the damages to the property. (Source: P.A. 89‑30, eff. 1‑1‑96.)

    (720 ILCS 5/21‑5)(from Ch. 38, par. 21‑5)
    Sec. 21‑5. Criminal Trespass to State Supported Land.
    (a) Whoever enters upon land supported in whole or in part with State funds, or Federal funds administered or granted through State agencies or any building on such land, after receiving, prior to such entry, notice from the State or its representative that such entry is forbidden, or remains upon such land or in such building after receiving notice from the State or its representative to depart, and who thereby interferes with another person's lawful use or enjoyment of such building or land, commits a Class A misdemeanor.
    (b) A person has received notice from the State within the meaning of subsection (a) if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry to him or a group of which he is a part, has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.
    (c) Whoever enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on such land by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to obtain permission from the State or its representative to enter the building or land; or remains upon such land or in such building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon such land or in such building, and who thereby interferes with another person's lawful use or enjoyment of such building or land, commits a Class A misdemeanor.
    Subsection (c) does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on such land in the performance of his or her official duties.
(Source: P.A. 94‑263, eff. 1‑1‑06.)

(720 ILCS 5/21‑6) (from Ch. 38, par. 21‑6)     Sec. 21‑6. Unauthorized Possession or Storage of Weapons.     (a) Whoever possesses or stores any weapon enumerated in Section 33A‑1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.     (b) The chief security officer must grant any reasonable request for permission under paragraph (a). (Source: P.A. 89‑685, eff. 6‑1‑97.)

    (720 ILCS 5/21‑7)(from Ch. 38, par. 21‑7)
    (Text of Section from P.A. 94‑263)
    Sec. 21‑7. Criminal trespass to restricted areas and restricted landing areas at airports.
    (a) Whoever enters upon, or remains in, any restricted area or restricted landing area used in connection with an airport facility, or part thereof, in this State, after such person has received notice from the airport authority that such entry is forbidden commits a Class A misdemeanor. Notice that the area is "restricted" and entry thereto "forbidden", for purposes of this Section, means that the person or persons have been notified personally, either orally or in writing, or by a printed or written notice forbidding such entry to him or a group or an organization of which he is a member, which has been conspicuously posted or exhibited at every usable entrance to such area or the forbidden part thereof.
    (b) Whoever enters upon, or remains in, any restricted area or restricted landing area used in connection with an airport facility, or part thereof, in this State by presenting false documents or falsely representing his or her identity orally to the airport authority commits a Class A misdemeanor.
    (c) The terms "Restricted area" or "Restricted landing area" in this Section are defined to incorporate the meaning ascribed to those terms in Section 8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended, and also include any other area of the airport that has been designated such by the airport authority.
    (d) Subsection (b) does not apply to a peace officer or other official of a unit of government who enters a restricted area or a restricted landing area used in connection with an airport facility, or part thereof, in the performance of his or her official duties.
(Source: P.A. 94‑263, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑547)
    Sec. 21‑7. Criminal trespass to restricted areas and restricted landing areas at airports.) Whoever enters upon, or remains in, any restricted area or restricted landing area used in connection with an airport facility, or part thereof, in this State, after such person has received notice from the airport authority that such entry is forbidden commits a Class 4 felony. Whoever enters upon, or remains in, any restricted area or restricted landing area used in connection with an airport facility, or part thereof, in this State, while in possession of a weapon, replica of a weapon, or ammunition, after the person has received notice from the airport authority that the entry is forbidden commits a Class 3 felony. Notice that the area is "restricted" and entry thereto "forbidden", for purposes of this Section, means that the person or persons have been notified personally, either orally or in writing, or by a printed or written notice forbidding such entry to him or a group or an organization of which he is a member, which has been conspicuously posted or exhibited at every usable entrance to such area or the forbidden part thereof.
    The terms "Restricted area" or "Restricted landing area" in this Section are defined to incorporate the meaning ascribed to those terms in Section 8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended, and also include any other area of the airport that has been designated such by the airport authority.
(Source: P.A. 94‑547, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑548)
    Sec. 21‑7. Criminal trespass to restricted areas and restricted landing areas at airports; aggravated criminal trespass to restricted areas and restricted landing areas at airports.
    (a) Whoever enters upon, or remains in, any restricted area or restricted landing area used in connection with an airport facility, or part thereof, in this State, after such person has received notice from the airport authority that such entry is forbidden commits a Class A misdemeanor. Notice that the area is "restricted" and entry thereto "forbidden", for purposes of this Section, means that the person or persons have been notified personally, either orally or in writing, or by a printed or written notice forbidding such entry to him or a group or an organization of which he is a member, which has been conspicuously posted or exhibited at every usable entrance to such area or the forbidden part thereof.
    (b) Whoever enters upon, or remains in, any restricted area or restricted landing area as prohibited in subsection (a) of this Section, while dressed in the uniform of, improperly wearing the identification of, presenting false credentials of, or otherwise physically impersonating an airman, employee of an airline, employee of an airport, or contractor at an airport commits a Class 4 felony.
    The terms "Restricted area" or "Restricted landing area" in this Section are defined to incorporate the meaning ascribed to those terms in Section 8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended, and also include any other area of the airport that has been designated such by the airport authority.
    The terms "airman" and "airport" in this Section are defined to incorporate the meaning ascribed to those terms in Sections 6 and 12 of the Illinois Aeronautics Act.
(Source: P.A. 94‑548, eff. 8‑11‑05.)

    (720 ILCS 5/21‑8)
    Sec. 21‑8. Criminal trespass to a nuclear facility.
    (a) A person commits the offense of criminal trespass to a nuclear facility if he or she knowingly and without lawful authority:
        (1) enters or remains within a nuclear facility or

on the grounds of a nuclear facility, after receiving notice before entry that entry to the nuclear facility is forbidden; or

(2) remains within the facility or on the grounds of

the facility after receiving notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility to give that notice to depart from the facility or grounds of the facility; or

(3) enters or remains within a nuclear facility or on

the grounds of a nuclear facility, by presenting false documents or falsely representing his or her identity orally to the owner or manager of the facility. This paragraph (3) does not apply to a peace officer or other official of a unit of government who enters or remains in the facility in the performance of his or her official duties.

(b) A person has received notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility within the meaning of paragraphs (1) and (2) of subsection (a) if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding the entry has been conspicuously posted or exhibited at the main entrance to the facility or grounds of the facility or the forbidden part of the facility.     (c) In this Section, "nuclear facility" has the meaning ascribed to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.     (d) Sentence. Criminal trespass to a nuclear facility is a Class 4 felony. (Source: P.A. 94‑263, eff. 1‑1‑06.)

    (720 ILCS 5/21‑9)
    Sec. 21‑9. Criminal trespass to a place of public amusement.
    (a) A person commits the offense of criminal trespass to a place of public amusement if he or she knowingly and without lawful authority enters or remains on any portion of a place of public amusement after having received notice that the general public is restricted from access to that portion of the place of public amusement. Such areas may include, but are not limited to: a playing field, an athletic surface, a stage, a locker room, or a dressing room located at the place of public amusement.
    (a‑5) A person commits the offense of criminal trespass to a place of public amusement if he or she knowingly and without lawful authority gains access to or remains on any portion of a place of public amusement by presenting false documents or falsely representing his or her identity orally to the property owner, a lessee, an agent of either the owner or lessee, or a performer or participant. This subsection (a‑5) does not apply to a peace officer or other official of a unit of government who enters or remains in the place of public amusement in the performance of his or her official duties.
    (b) A property owner, a lessee, an agent of either the owner or lessee, or a performer or participant may use reasonable force to restrain a trespasser and remove him or her from the restricted area; however, any use of force beyond reasonable force may subject that person to any applicable criminal penalty.
    (c) A person has received notice within the meaning of subsection (a) if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the entrance to the portion of the place of public amusement that is restricted or an oral warning has been broadcast over the public address system of the place of public amusement.
    (d) In this Section, "place of public amusement" means a stadium, a theater, or any other facility of any kind, whether licensed or not, where a live performance, a sporting event, or any other activity takes place for other entertainment and where access to the facility is made available to the public, regardless of whether admission is charged.
    (e) Sentence. Criminal trespass to a place of public amusement is a Class 4 felony. Upon imposition of any sentence, the court shall also impose a fine of not less than $1,000. In addition, any order of probation or conditional discharge entered following a conviction shall include a condition that the offender perform public or community service of not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offender was convicted. The court may also impose any other condition of probation or conditional discharge under this Section.
(Source: P.A. 93‑407, eff. 1‑1‑04; 94‑263, eff. 1‑1‑06.)

(720 ILCS 5/21‑10)     Sec. 21‑10. Criminal use of a motion picture exhibition facility.     (a) Any person, where a motion picture is being exhibited, who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of that exhibition facility and of the licensor of the motion picture being exhibited is guilty of criminal use of a motion picture exhibition facility.     (b) Sentence. Criminal use of a motion picture exhibition facility is a Class 4 felony.     (c) The owner or lessee of a facility where a motion picture is being exhibited, the authorized agent or employee of that owner or lessee, or the licensor of the motion picture being exhibited or his or her agent or employee, who alerts law enforcement authorities of an alleged violation of this Section is not liable in any civil action arising out of measures taken by that owner, lessee, licensor, agent, or employee in the course of subsequently detaining a person that the owner, lessee, licensor, agent, or employee, in good faith believed to have violated this Section while awaiting the arrival of law enforcement authorities, unless the plaintiff in such an action shows by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.     (d) This Section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the State or federal government from operating any audiovisual recording device in any facility where a motion picture is being exhibited as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.     (e) This Section does not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales and display purposes.     (f) Nothing in this Section prevents the prosecution for conduct that constitutes a violation of this Section under any other provision of law providing for a greater penalty.     (g) In this Section, "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed and "facility" does not include a personal residence. (Source: P.A. 93‑804, eff. 7‑24‑04.)

      (720 ILCS 5/Art. 21.1 heading)
ARTICLE 21.1. RESIDENTIAL PICKETING

(720 ILCS 5/21.1‑1) (from Ch. 38, par. 21.1‑1)     Sec. 21.1‑1. Legislative finding and declaration.     The Legislature finds and declares that men in a free society have the right to quiet enjoyment of their homes; that the stability of community and family life cannot be maintained unless the right to privacy and a sense of security and peace in the home are respected and encouraged; that residential picketing, however just the cause inspiring it, disrupts home, family and communal life; that residential picketing is inappropriate in our society, where the jealously guarded rights of free speech and assembly have always been associated with respect for the rights of others. For these reasons the Legislature finds and declares this Article to be necessary. (Source: Laws 1967, p. 940.)

(720 ILCS 5/21.1‑2) (from Ch. 38, par. 21.1‑2)     Sec. 21.1‑2. It is unlawful to picket before or about the residence or dwelling of any person, except when the residence or dwelling is used as a place of business. However, this Article does not apply to a person peacefully picketing his own residence or dwelling and does not prohibit the peaceful picketing of the place of holding a meeting or assembly on premises commonly used to discuss subjects of general public interest. (Source: P.A. 81‑1270.)

(720 ILCS 5/21.1‑3) (from Ch. 38, par. 21.1‑3)     Sec. 21.1‑3. Sentence. Violation of Section 21.1‑2 is a Class B misdemeanor. (Source: P. A. 77‑2638.)

      (720 ILCS 5/Art. 21.2 heading)
ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
INSTITUTION OF HIGHER EDUCATION

(720 ILCS 5/21.2‑1) (from Ch. 38, par. 21.2‑1)     Sec. 21.2‑1.     The General Assembly, in recognition of unlawful campus disorders across the nation which are disruptive of the educational process, dangerous to the health and safety of persons, damaging to public and private property, and which divert the use of institutional facilities from the primary function of education, establishes by this Act criminal penalties for conduct declared in this Article to be unlawful. However, this Article does not modify or supersede any other law relating to damage to persons or property, nor does it prevent a public institution of higher education from establishing restrictions upon the availability or use of any building or other facility owned, operated or controlled by the institution to preserve their dedication to education, nor from establishing standards of scholastic and behavioral conduct reasonably relevant to the missions, processes and functions of the institution, nor from invoking appropriate discipline or expulsion for violations of such standards. (Source: P. A. 76‑1582.)

(720 ILCS 5/21.2‑2) (from Ch. 38, par. 21.2‑2)     Sec. 21.2‑2.     A person commits interference with a public institution of higher education when, on the campus of a public institution of higher education, or at or in any building or other facility owned, operated or controlled by the institution, without authority from the institution he, through force or violence, actual or threatened:     (a) willfully denies to a trustee, employee, student or invitee of the institution:     (1) Freedom of movement at such place; or     (2) Use of the property or facilities of the institution; or     (3) The right of ingress or egress to the property or facilities of the institution; or     (b) willfully impedes, obstructs, interferes with or disrupts:     (1) the performance of institutional duties by a trustee or employee of the institution; or     (2) the pursuit of educational activities, as determined or prescribed by the institution, by a trustee, employee, student or invitee of the institution; or     (c) knowingly occupies or remains in or at any building, property or other facility owned, operated or controlled by the institution after due notice to depart. (Source: P. A. 76‑1582.)

(720 ILCS 5/21.2‑3) (from Ch. 38, par. 21.2‑3)     Sec. 21.2‑3.     Nothing in this Article prevents lawful assembly of the trustees, employees, students or invitees of a public institution of higher education, or prevents orderly petition for redress of grievances. (Source: P.A. 76‑1582.)

(720 ILCS 5/21.2‑4) (from Ch. 38, par. 21.2‑4)     Sec. 21.2‑4. Sentence.     A person convicted of violation of this Article commits a Class C misdemeanor for the first offense and for a second or subsequent offense commits a Class B misdemeanor. (Source: P. A. 77‑2638.)

(720 ILCS 5/21.2‑5) (from Ch. 38, par. 21.2‑5)     Sec. 21.2‑5.     For the purposes of this Article the words and phrases described in this Section have the meanings designated in this Section, except when a particular context clearly requires a different meaning.     "Public institution of higher education" means an educational organization located in this State which provides an organized post‑high school educational program, and which is supported in whole or in part by appropriations of the General Assembly.     A person has received "due notice" if he, or the group of which he is a part, has been given oral or written notice from an authorized representative of the public institution of higher education in a manner reasonably designated to inform him, or the group of which he is a part, that he or they should cease such action or depart from such premises. The notice may also be given by a printed or written notice forbidding entry conspicuously posted or exhibited at the main entrance of the building or other facility, or the forbidden part thereof.     "Force or violence" includes, but is not limited to, use of one's person, individually or in concert with others, to impede access to or movement within or otherwise to interfere with the conduct of the authorized activities of the public institution of higher education, its trustees, employees, students or invitees. (Source: P. A. 76‑1582.)

(720 ILCS 5/21.2‑6) (from Ch. 38, par. 21.2‑6)     Sec. 21.2‑6.     If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared severable. (Source: P. A. 76‑1582.)

      (720 ILCS 5/Art. 21.3 heading)
ARTICLE 21.3 SOLICITATION ON SCHOOL PROPERTY

(720 ILCS 5/21.3‑5)     Sec. 21.3‑5. Distributing or delivering written or printed solicitation on school property.     (a) Distributing or delivering written or printed solicitation on school property or within 1,000 feet of school property, for the purpose of inviting students to any event when a significant purpose of the event is to commit illegal acts or to solicit attendees to commit illegal acts, or to be held in or around abandoned buildings, is prohibited.     (b) A violation of this Section is a Class C misdemeanor.     (c) For the purposes of this Section, "school property" is defined as the buildings or grounds of any public or private elementary or secondary school.     (d) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 88‑357.)

      (720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

    (720 ILCS 5/24‑1)(from Ch. 38, par. 24‑1)
    (Text of Section from P.A. 94‑72)
    Sec. 24‑1. Unlawful Use of Weapons.
    (a) A person commits the offense of unlawful use of weapons when he knowingly:
        (1) Sells, manufactures, purchases, possesses or

carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same

unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or

(3) Carries on or about his person or in any

vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non‑lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed

on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non‑functioning state;

or

(ii) are not immediately accessible; or             (iii) are unloaded and enclosed in a case,

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

(5) Sets a spring gun; or         (6) Possesses any device or attachment of any kind

designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or

carries:

(i) a machine gun, which shall be defined for

the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less

than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb‑shell, grenade, bottle or

other container containing an explosive substance of over one‑quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or

taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction

or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

(9) Carries or possesses in a vehicle or on or about

his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

(10) Carries or possesses on or about his person,

upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non‑functioning state;

or

(ii) are not immediately accessible; or             (iii) are unloaded and enclosed in a case,

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

A "stun gun or taser", as used in this paragraph (a)

means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or

(11) Sells, manufactures or purchases any explosive

bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or

(12) (Blank).     (b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), or subsection 24‑1(a)(11) commits a Class A misdemeanor. A person convicted of a violation of subsection 24‑1(a)(8) or 24‑1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24‑1(a)(6) or 24‑1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24‑1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1‑146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24‑1(a)(4), 24‑1(a)(8), 24‑1(a)(9), or 24‑1(a)(10) commits a Class 3 felony.     (c) Violations in specific places.         (1) A person who violates subsection 24‑1(a)(6) or

24‑1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(1.5) A person who violates subsection 24‑1(a)(4),

24‑1(a)(9), or 24‑1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 3 felony.

(2) A person who violates subsection 24‑1(a)(1),

24‑1(a)(2), or 24‑1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this

subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.

(4) For the purposes of this subsection (c),

"school" means any public or private elementary or secondary school, community college, college, or university.

(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.     (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section. (Source: P.A. 94‑72, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑284)     Sec. 24‑1. Unlawful Use of Weapons.     (a) A person commits the offense of unlawful use of weapons when he knowingly:         (1) Sells, manufactures, purchases, possesses or

carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same

unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or

(3) Carries on or about his person or in any

vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non‑lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed

on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non‑functioning state;

or

(ii) are not immediately accessible; or             (iii) are unloaded and enclosed in a case,

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

(5) Sets a spring gun; or         (6) Possesses any device or attachment of any kind

designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or

carries:

(i) a machine gun, which shall be defined for

the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less

than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb‑shell, grenade, bottle or

other container containing an explosive substance of over one‑quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or

taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction

or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

(9) Carries or possesses in a vehicle or on or about

his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

(10) Carries or possesses on or about his person,

upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non‑functioning state;

or

(ii) are not immediately accessible; or             (iii) are unloaded and enclosed in a case,

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

A "stun gun or taser", as used in this paragraph (a)

means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or

(11) Sells, manufactures or purchases any explosive

bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or

(12) (Blank).     (b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), or subsection 24‑1(a)(11) commits a Class A misdemeanor. A person convicted of a violation of subsection 24‑1(a)(8) or 24‑1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24‑1(a)(6) or 24‑1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24‑1(a)(7)(i) commits a Class 2 felony, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1‑146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24‑1(a)(4), 24‑1(a)(8), 24‑1(a)(9), or 24‑1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation.     (c) Violations in specific places.         (1) A person who violates subsection 24‑1(a)(6) or

24‑1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 2 felony.

(1.5) A person who violates subsection 24‑1(a)(4),

24‑1(a)(9), or 24‑1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 3 felony.

(2) A person who violates subsection 24‑1(a)(1),

24‑1(a)(2), or 24‑1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this

subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.

(4) For the purposes of this subsection (c),

"school" means any public or private elementary or secondary school, community college, college, or university.

(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.     (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section. (Source: P.A. 94‑284, eff. 7‑21‑05.)

    (720 ILCS 5/24‑1.1)(from Ch. 38, par. 24‑1.1)
    (Text of Section from P.A. 94‑72)
    Sec. 24‑1.1. Unlawful Use or Possession of Weapons by Felons or Persons in the Custody of the Department of Corrections Facilities.
    (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24‑1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Department of State Police under Section 10 of the Firearm Owners Identification Card Act.
    (b) It is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Corrections, to possess any weapon prohibited under Section 24‑1 of this Code or any firearm or firearm ammunition, regardless of the intent with which he possesses it.
    (c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule, regulation, or directive of the Illinois Department of Corrections or order issued pursuant thereto.
    (d) The defense of necessity is not available to a person who is charged with a violation of subsection (b) of this Section.
    (e) Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 2 years and no more than 10 years and any second or subsequent violation shall be a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years. Violation of this Section by a person not confined in a penal institution who has been convicted of a forcible felony, a felony violation of Article 24 of this Code or of the Firearm Owners Identification Card Act, stalking or aggravated stalking, or a Class 2 or greater felony under the Illinois Controlled Substances Act or the Cannabis Control Act is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person not confined in a penal institution is a Class X felony when the firearm possessed is a machine gun. Any person who violates this Section while confined in a penal institution, which is a facility of the Illinois Department of Corrections, is guilty of a Class 1 felony, if he possesses any weapon prohibited under Section 24‑1 of this Code regardless of the intent with which he possesses it, a Class X felony if he possesses any firearm, firearm ammunition or explosive, and a Class X felony for which the offender shall be sentenced to not less than 12 years and not more than 50 years when the firearm possessed is a machine gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F‑1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑72, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑284)
    Sec. 24‑1.1. Unlawful Use or Possession of Weapons by Felons or Persons in the Custody of the Department of Corrections Facilities.
    (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24‑1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Department of State Police under Section 10 of the Firearm Owners Identification Card Act.
    (b) It is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Corrections, to possess any weapon prohibited under Section 24‑1 of this Code or any firearm or firearm ammunition, regardless of the intent with which he possesses it.
    (c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule, regulation, or directive of the Illinois Department of Corrections or order issued pursuant thereto.
    (d) The defense of necessity is not available to a person who is charged with a violation of subsection (b) of this Section.
    (e) Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 2 years and no more than 10 years. Violation of this Section by a person not confined in a penal institution who has been convicted of a forcible felony, a felony violation of Article 24 of this Code or of the Firearm Owners Identification Card Act, stalking or aggravated stalking, or a Class 2 or greater felony under the Illinois Controlled Substances Act or the Cannabis Control Act is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person not confined in a penal institution is a Class X felony when the firearm possessed is a machine gun. Any person who violates this Section while confined in a penal institution, which is a facility of the Illinois Department of Corrections, is guilty of a Class 1 felony, if he possesses any weapon prohibited under Section 24‑1 of this Code regardless of the intent with which he possesses it, a Class X felony if he possesses any firearm, firearm ammunition or explosive, and a Class X felony for which the offender shall be sentenced to not less than 12 years and not more than 50 years when the firearm possessed is a machine gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F‑1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)
 
    (Text of Section from P.A. 94‑556)
    Sec. 24‑1.1. Unlawful Use or Possession of Weapons by Felons or Persons in the Custody of the Department of Corrections Facilities.
    (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24‑1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Department of State Police under Section 10 of the Firearm Owners Identification Card Act.
    (b) It is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Corrections, to possess any weapon prohibited under Section 24‑1 of this Code or any firearm or firearm ammunition, regardless of the intent with which he possesses it.
    (c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule, regulation, or directive of the Illinois Department of Corrections or order issued pursuant thereto.
    (d) The defense of necessity is not available to a person who is charged with a violation of subsection (b) of this Section.
    (e) Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 2 years and no more than 10 years. Violation of this Section by a person not confined in a penal institution who has been convicted of a forcible felony, a felony violation of Article 24 of this Code or of the Firearm Owners Identification Card Act, stalking or aggravated stalking, or a Class 2 or greater felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person not confined in a penal institution is a Class X felony when the firearm possessed is a machine gun. Any person who violates this Section while confined in a penal institution, which is a facility of the Illinois Department of Corrections, is guilty of a Class 1 felony, if he possesses any weapon prohibited under Section 24‑1 of this Code regardless of the intent with which he possesses it, a Class X felony if he possesses any firearm, firearm ammunition or explosive, and a Class X felony for which the offender shall be sentenced to not less than 12 years and not more than 50 years when the firearm possessed is a machine gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F‑1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑556, eff. 9‑11‑05.)

    (720 ILCS 5/24‑1.2)(from Ch. 38, par. 24‑1.2)
    Sec. 24‑1.2. Aggravated discharge of a firearm.
    (a) A person commits aggravated discharge of a firearm when he or she knowingly or intentionally:
        (1) Discharges a firearm at or into a building he or

she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building;

(2) Discharges a firearm in the direction of another

person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person;

(3) Discharges a firearm in the direction of a person

he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties;

(4) Discharges a firearm in the direction of a

vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;

(5) Discharges a firearm in the direction of a person

he or she knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(6) Discharges a firearm in the direction of a

vehicle he or she knows to be occupied by an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(7) Discharges a firearm in the direction of a person

he or she knows to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;

(8) Discharges a firearm in the direction of a person

he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or

(9) Discharges a firearm in the direction of a

vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.

(b) A violation of subsection (a)(1) or subsection (a)(2) of this Section is a Class 1 felony. A violation of subsection (a)(1) or (a)(2) of this Section committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, regardless of the time of day or time of year that the offense was committed is a Class X felony. A violation of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.     (c) For purposes of this Section:     "School" means a public or private elementary or secondary school, community college, college, or university.     "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district. (Source: P.A. 94‑243, eff. 1‑1‑06.)

    (720 ILCS 5/24‑1.2‑5)
    Sec. 24‑1.2‑5. Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm.
    (a) A person commits aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm when he or she knowingly or intentionally:
        (1) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm at or into a building he or she knows to be occupied and the machine gun or the firearm equipped with a device designed or used for silencing the report of a firearm is discharged from a place or position outside that building;

(2) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of another person or in the direction of a vehicle he or she knows to be occupied;

(3) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be a peace officer, a person summoned or directed by a peace officer, a correctional institution employee, or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;

(4) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;

(5) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(6) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(7) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or

(8) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.

(b) A violation of subsection (a) (1) or subsection (a) (2) of this Section is a Class X felony. A violation of subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 12 years and no more than 50 years.     (c) For the purpose of this Section, "machine gun" has the meaning ascribed to it in clause (i) of paragraph (7) of subsection (a) of Section 24‑1 of this Code. (Source: P.A. 94‑243, eff. 1‑1‑06.)

(720 ILCS 5/24‑1.5)     Sec. 24‑1.5. Reckless discharge of a firearm.     (a) A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual.     (b) If the conduct described in subsection (a) is committed by a passenger of a moving motor vehicle with the knowledge and consent of the driver of the motor vehicle the driver is accountable for such conduct.     (c) Reckless discharge of a firearm is a Class 4 felony.     (d) This Section does not apply to a peace officer while in the performance of his or her official duties. (Source: P.A. 88‑217.)

    (720 ILCS 5/24‑1.6)
    (Text of Section from P.A. 94‑72)
    Sec. 24‑1.6. Aggravated unlawful use of a weapon.
    (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
        (1) Carries on or about his or her person or in any

vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her

person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:             (A) the firearm possessed was uncased, loaded

and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded

and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not

been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged

in a misdemeanor violation of the Cannabis Control Act or in a misdemeanor violation of the Illinois Controlled Substances Act; or

(F) the person possessing the weapon is a member

of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order

of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged

in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under

21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2(b)(1), (b)(3), or 24‑2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24‑1 of this Code.     (c) This Section does not apply to or affect the transportation or possession of weapons that:             (i) are broken down in a non‑functioning state;

or

(ii) are not immediately accessible; or             (iii) are unloaded and enclosed in a case,

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F‑1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony. (Source: P.A. 93‑906, eff. 8‑11‑04; 94‑72, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑284)     Sec. 24‑1.6. Aggravated unlawful use of a weapon.     (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:         (1) Carries on or about his or her person or in any

vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her

person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:             (A) the firearm possessed was uncased, loaded

and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded

and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not

been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged

in a misdemeanor violation of the Cannabis Control Act or in a misdemeanor violation of the Illinois Controlled Substances Act; or

(F) the person possessing the weapon is a member

of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order

of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged

in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under

21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2(b)(1), (b)(3), or 24‑2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24‑1 of this Code.     (c) This Section does not apply to or affect the transportation or possession of weapons that:             (i) are broken down in a non‑functioning state;

or

(ii) are not immediately accessible; or             (iii) are unloaded and enclosed in a case,

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F‑1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony. The possession of each firearm in violation of this Section constitutes a single and separate violation. (Source: P.A. 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)       (Text of Section from P.A. 94‑556)     Sec. 24‑1.6. Aggravated unlawful use of a weapon.     (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:         (1) Carries on or about his or her person or in any

vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her

person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:             (A) the firearm possessed was uncased, loaded

and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded

and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not

been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged

in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or

(F) the person possessing the weapon is a member

of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order

of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged

in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under

21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2(b)(1), (b)(3), or 24‑2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24‑1 of this Code.     (c) This Section does not apply to or affect the transportation or possession of weapons that:             (i) are broken down in a non‑functioning state;

or

(ii) are not immediately accessible; or             (iii) are unloaded and enclosed in a case,

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F‑1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony. (Source: P.A. 93‑906, eff. 8‑11‑04; 94‑556, eff. 9‑11‑05.)

    (720 ILCS 5/24‑1.7)
    Sec. 24‑1.7. Armed habitual criminal.
    (a) A person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 2 or more times of any combination of the following offenses:
        (1) a forcible felony as defined in Section 2‑8 of

this Code;

(2) unlawful use of a weapon by a felon; aggravated

unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm; or

(3) any violation of the Illinois Controlled

Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.

(b) Sentence. Being an armed habitual criminal is a Class X felony. (Source: P.A. 94‑398, eff. 8‑2‑05.)

    (720 ILCS 5/24‑2)(from Ch. 38, par. 24‑2)
    (Text of Section from P.A. 93‑438)
    Sec. 24‑2. Exemptions.
    (a) Subsections 24‑1(a)(3), 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
        (1) Peace officers, and any person summoned by a

peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a

public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security

contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for

the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace

officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3‑9005 of the Counties Code.

(13) Court Security Officers while in the

performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard

at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:         (1) Members of any club or organization organized

for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down

in a non‑functioning state or are not immediately accessible.

(c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:         (1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.

(5) Persons licensed under federal law to

manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken

down in a non‑functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be

broken down in a non‑functioning state, or not immediately accessible.

(d) Subsection 24‑1(a)(1) does not apply to the purchase, possession or carrying of a black‑jack or slung‑shot by a peace officer.     (e) Subsection 24‑1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.     (f) Subsection 24‑1(a)(4) and subsection 24‑1(a)(10) and Section 24‑1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.     (g) Subsections 24‑1(a)(11) and 24‑3.1(a)(6) do not apply to:         (1) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus

military ordinance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.     (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24‑1(a)(7) or subsection 24‑2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card. (Source: P.A. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑438, eff. 8‑5‑03.)       (Text of Section from P.A. 93‑439)     Sec. 24‑2. Exemptions.     (a) Subsections 24‑1(a)(3), 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:         (1) Peace officers, and any person summoned by a

peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a

public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security

contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, and Private Security Act of 1983, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for

the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace

officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3‑9005 of the Counties Code.

(13) Court Security Officers while in the

performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard

at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:         (1) Members of any club or organization organized

for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down

in a non‑functioning state or are not immediately accessible.

(c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:         (1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.

(5) Persons licensed under federal law to

manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken

down in a non‑functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be

broken down in a non‑functioning state, or not immediately accessible.

(d) Subsection 24‑1(a)(1) does not apply to the purchase, possession or carrying of a black‑jack or slung‑shot by a peace officer.     (e) Subsection 24‑1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.     (f) Subsection 24‑1(a)(4) and subsection 24‑1(a)(10) and Section 24‑1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.     (g) Subsections 24‑1(a)(11) and 24‑3.1(a)(6) do not apply to:         (1) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus

military ordinance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(g‑5) Subsection 24‑1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g‑5). During transportation, those devices shall be detached from any weapon or not immediately accessible.     (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.     (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24‑1(a)(7) or subsection 24‑2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card. (Source: P.A. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑439, eff. 8‑5‑03.)       (Text of Section from P.A. 93‑576)     Sec. 24‑2. Exemptions.     (a) Subsections 24‑1(a)(3), 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:         (1) Peace officers, and any person summoned by a

peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a

public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security

contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, and Private Security Act of 1983, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for

the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace

officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3‑9005 of the Counties Code.

(12.5) Probation officers while in the performance

of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(13) Court Security Officers while in the

performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard

at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:         (1) Members of any club or organization organized

for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down

in a non‑functioning state or are not immediately accessible.

(c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:         (1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.

(5) Persons licensed under federal law to

manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken

down in a non‑functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be

broken down in a non‑functioning state, or not immediately accessible.

(d) Subsection 24‑1(a)(1) does not apply to the purchase, possession or carrying of a black‑jack or slung‑shot by a peace officer.     (e) Subsection 24‑1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.     (f) Subsection 24‑1(a)(4) and subsection 24‑1(a)(10) and Section 24‑1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.     (g) Subsections 24‑1(a)(11) and 24‑3.1(a)(6) do not apply to:         (1) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus

military ordinance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.     (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24‑1(a)(7) or subsection 24‑2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card. (Source: P.A. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑576, eff. 1‑1‑04.)

(720 ILCS 5/24‑2.1) (from Ch. 38, par. 24‑2.1)     Sec. 24‑2.1. Unlawful use of firearm projectiles.     (a) A person commits the offense of unlawful use of firearm projectiles when he or she knowingly manufactures, sells, purchases, possesses, or carries any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.     For the purposes of this Section:     "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.     The definition contained herein shall not be construed to include shotgun shells.     "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame‑thrower.     "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.     "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin‑stabilized solid metal wire or 2 or more solid dart‑type projectiles.     (b) Exemptions. This Section does not apply to or affect any of the following:         (1) Peace officers.         (2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard while in the performance of their official duties.

(4) Federal officials required to carry firearms,

while engaged in the performance of their official duties.

(5) United States Marshals, while engaged in the

performance of their official duties.

(6) Persons licensed under federal law to

manufacture, import, or sell firearms and firearm ammunition, and actually engaged in any such business, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such bullets or ammunition.

This exemption does not authorize the general

private possession of any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, but only such possession and activities which are within the lawful scope of a licensed business described in this paragraph.

(7) Laboratories having a department of forensic

ballistics or specializing in the development of ammunition or explosive ordnance.

(8) Manufacture, transportation, or sale of armor

piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells to persons specifically authorized under paragraphs (1) through (7) of this subsection to possess such bullets or shells.

(c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption.     (d) Sentence. A person convicted of unlawful use of armor piercing bullets shall be guilty of a Class 3 felony. (Source: P.A. 92‑423, eff. 1‑1‑02.)

(720 ILCS 5/24‑2.2) (from Ch. 38, par. 24‑2.2)     Sec. 24‑2.2. Manufacture, sale or transfer of bullets or shells represented to be armor piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells.     (a) Except as provided in subsection (b) of this Section, it is unlawful for any person to knowingly manufacture, sell, offer to sell, or transfer any bullet or shell which is represented to be an armor piercing bullet, a dragon's breath shotgun shell, a bolo shell, or a flechette shell as defined in Section 24‑2.1 of this Code.     (b) Exemptions. This Section does not apply to or affect any person authorized under Section 24‑2.1 to manufacture, sell, purchase, possess, or carry any armor piercing bullet or any dragon's breath shotgun shell, bolo shell, or flechette shell with respect to activities which are within the lawful scope of the exemption therein granted.     (c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption and that the activities forming the basis of any criminal charge brought pursuant to this Section were within the lawful scope of such exemption.     (d) Sentence. A violation of this Section is a Class 4 felony. (Source: P.A. 92‑423, eff. 1‑1‑02.)

    (720 ILCS 5/24‑3)(from Ch. 38, par. 24‑3)
    (Text of Section from P.A. 94‑6)
    Sec. 24‑3. Unlawful Sale of Firearms.
    (A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
        (a) Sells or gives any firearm of a size which may

be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21

years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic

addict.

(d) Sells or gives any firearm to any person who has

been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has

been a patient in a mental hospital within the past 5 years.

(f) Sells or gives any firearms to any person who is

mentally retarded.

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer or a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

(h) While holding any license as a dealer, importer,

manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.

(i) Sells or gives a firearm of any size to any

person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the

business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person

who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.

(B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78‑355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78‑355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78‑355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.     (C) Sentence.         (1) Any person convicted of unlawful sale of

firearms in violation of any of paragraphs (c) through (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale of

firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale of

firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale of

firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale of

firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale of

firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(7) Any person convicted of unlawful sale of firearms

in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.

(D) For purposes of this Section:     "School" means a public or private elementary or secondary school, community college, college, or university.     "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.     (E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph. (Source: P.A. 93‑162, eff. 7‑10‑03; 93‑906, eff. 8‑11‑04; 94‑6, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑284)     Sec. 24‑3. Unlawful Sale of Firearms.     (A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:         (a) Sells or gives any firearm of a size which may

be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21

years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic

addict.

(d) Sells or gives any firearm to any person who has

been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has

been a patient in a mental hospital within the past 5 years.

(f) Sells or gives any firearms to any person who is

mentally retarded.

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

(h) While holding any license as a dealer, importer,

manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.

(i) Sells or gives a firearm of any size to any

person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the

business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person

who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.

(B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78‑355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78‑355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78‑355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.     (C) Sentence.         (1) Any person convicted of unlawful sale of

firearms in violation of any of paragraphs (c) through (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale of

firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale of

firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale of

firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale of

firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale of

firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(7) Any person convicted of unlawful sale of firearms

in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.

(D) For purposes of this Section:     "School" means a public or private elementary or secondary school, community college, college, or university.     "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.     (E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph. (Source: P.A. 93‑162, eff. 7‑10‑03; 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)

(720 ILCS 5/24‑3A)     Sec. 24‑3A. Gunrunning.     (a) A person commits gunrunning when he or she transfers 3 or more firearms in violation of any of the paragraphs of Section 24‑3 of this Code.     (b) Sentence. A person who commits gunrunning:         (1) is guilty of a Class 1 felony;         (2) is guilty of a Class X felony for which the

sentence shall be a term of imprisonment of not less than 8 years and not more than 40 years if the transfer is of not less than 11 firearms and not more than 20 firearms;

(3) is guilty of a Class X felony for which the

sentence shall be a term of imprisonment of not less than 10 years and not more than 50 years if the transfer is of more than 20 firearms.

A person who commits gunrunning by transferring firearms to a person who, at the time of the commission of the offense, is under 18 years of age is guilty of a Class X felony. (Source: P.A. 93‑906, eff. 8‑11‑04.)

    (720 ILCS 5/24‑3.1)(from Ch. 38, par. 24‑3.1)
    Sec. 24‑3.1. Unlawful possession of firearms and firearm ammunition.
    (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:
        (1) He is under 18 years of age and has in his

possession any firearm of a size which may be concealed upon the person; or

(2) He is under 21 years of age, has been convicted

of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or

(3) He is a narcotic addict and has any firearms or

firearm ammunition in his possession; or

(4) He has been a patient in a mental hospital

within the past 5 years and has any firearms or firearm ammunition in his possession; or

(5) He is mentally retarded and has any firearms or

firearm ammunition in his possession; or

(6) He has in his possession any explosive bullet.     For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or     (b) Sentence.     Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.     (c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code. (Source: P.A. 94‑284, eff. 7‑21‑05.)

(720 ILCS 5/24‑3.2) (from Ch. 38, par. 24‑3.2)     Sec. 24‑3.2. Unlawful discharge of firearm projectiles.     (a) A person commits the offense of unlawful discharge of firearm projectiles when he or she knowingly or recklessly uses an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell in violation of this Section.     For purposes of this Section:     "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.     "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame‑thrower.     "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.     "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin‑stabilized solid metal wire or 2 or more solid dart‑type projectiles.     (b) A person commits a Class X felony when he or she, knowing that a firearm, as defined in Section 1.1 of the Firearm Owners Identification Card Act, is loaded with an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, intentionally or recklessly discharges such firearm and such bullet or shell strikes any other person.     (c) Any person who possesses, concealed on or about his or her person, an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell and a firearm suitable for the discharge thereof is guilty of a Class 2 felony.     (d) This Section does not apply to or affect any of the following:         (1) Peace officers;         (2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard while in the performance of their official duties;

(4) Federal officials required to carry firearms,

while engaged in the performance of their official duties;

(5) United States Marshals, while engaged in the

performance of their official duties.

(Source: P.A. 92‑423, eff. 1‑1‑02.)

(720 ILCS 5/24‑3.3) (from Ch. 38, par. 24‑3.3)     Sec. 24‑3.3. Unlawful Sale or Delivery of Firearms on the Premises of Any School, regardless of the time of day or the time of year, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency. Any person 18 years of age or older who sells, gives or delivers any firearm to any person under 18 years of age in any school, regardless of the time of day or the time of year or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any school, regardless of the time of day or the time of year or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 3 felony. School is defined, for the purposes of this Section, as any public or private elementary or secondary school, community college, college or university. This does not apply to peace officers or to students carrying or possessing firearms for use in school training courses, parades, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded and enclosed in a suitable case, box or transportation package. (Source: P.A. 91‑673, eff. 12‑22‑99.)

(720 ILCS 5/24‑3.4) (from Ch. 38, par. 24‑3.4)     Sec. 24‑3.4. Unlawful sale of firearms by liquor licensee.     (a) It shall be unlawful for any person who holds a license to sell at retail any alcoholic liquor issued by the Illinois Liquor Control Commission or local liquor control commissioner under the Liquor Control Act of 1934 or an agent or employee of the licensee to sell or deliver to any other person a firearm in or on the real property of the establishment where the licensee is licensed to sell alcoholic liquors unless the sale or delivery of the firearm is otherwise lawful under this Article and under the Firearm Owners Identification Card Act.     (b) Sentence. A violation of subsection (a) of this Section is a Class 4 felony. (Source: P.A. 87‑591.)

(720 ILCS 5/24‑3.5)     Sec. 24‑3.5. Unlawful purchase of a firearm.     (a) For purposes of this Section, "firearms transaction record form" means a form:         (1) executed by a transferee of a firearm stating:

(i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and

(2) on which the transferee certifies that he or she

is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.

(b) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.     (c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form.     (d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act.     (e) Sentence.         (1) A person who commits the offense of unlawful

purchase of a firearm:

(A) is guilty of a Class 4 felony for purchasing

or attempting to purchase one firearm;

(B) is guilty of a Class 3 felony for purchasing

or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;

(C) is guilty of a Class 2 felony for purchasing

or attempting to purchase not less than 6 firearms and not more than 10 firearms at the same time or within a 2 year period;

(D) is guilty of a Class 1 felony for purchasing

or attempting to purchase not less than 11 firearms and not more than 20 firearms at the same time or within a 3 year period;

(E) is guilty of a Class X felony for which the

person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years for purchasing or attempting to purchase not less than 21 firearms and not more than 30 firearms at the same time or within a 4 year period;

(F) is guilty of a Class X felony for which the

person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years for purchasing or attempting to purchase not less than 31 firearms and not more than 40 firearms at the same time or within a 5 year period;

(G) is guilty of a Class X felony for which the

person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years for purchasing or attempting to purchase more than 40 firearms at the same time or within a 6 year period.

(2) In addition to any other penalty that may be

imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.

(f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense. (Source: P.A. 93‑451, eff. 8‑7‑03; 93‑906, eff. 8‑11‑04.)

(720 ILCS 5/24‑3.6)     Sec. 24‑3.6. Unlawful use of a firearm in the shape of a wireless telephone.     (a) For the purposes of this Section, "wireless telephone" means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network.     (b) A person commits the offense of unlawful use of a firearm in the shape of a wireless telephone when he or she manufactures, sells, transfers, purchases, possesses, or carries a firearm shaped or designed to appear as a wireless telephone.     (c) This Section does not apply to or affect the sale to or possession of a firearm in the shape of a wireless telephone by a peace officer.     (d) Sentence. Unlawful use of a firearm in the shape of a wireless telephone is a Class 4 felony. (Source: P.A. 92‑155, eff. 1‑1‑02.)

(720 ILCS 5/24‑4) (from Ch. 38, par. 24‑4)     Sec. 24‑4. Register of sales by dealer.     (a) Any seller of firearms of a size which may be concealed upon the person, other than a manufacturer selling to a bona fide wholesaler or retailer or a wholesaler selling to a bona fide retailer, shall keep a register of all firearms sold or given away.     (b) Such register shall contain the date of the sale or gift, the name, address, age and occupation of the person to whom the weapon is sold or given, the price of the weapon, the kind, description and number of the weapon, and the purpose for which it is purchased and obtained.     (c) Such seller on demand of a peace officer shall produce for inspection the register and allow such peace officer to inspect such register and all stock on hand.     (d) Sentence.     Violation of this Section is a Class B misdemeanor. (Source: P. A. 77‑2638.)

(720 ILCS 5/24‑5) (from Ch. 38, par. 24‑5)     Sec. 24‑5. Defacing identification marks of firearms.     (a) Any person who shall knowingly or intentionally change, alter, remove or obliterate the name of the importer's or manufacturer's serial number of any firearm commits a Class 2 felony.     (b) A person who possesses any firearm upon which any such importer's or manufacturer's serial number has been changed, altered, removed or obliterated commits a Class 3 felony.     (c) Nothing in this Section shall prevent a person from making repairs, replacement of parts, or other changes to a firearm if those repairs, replacement of parts, or changes cause the removal of the name of the maker, model, or other marks of identification other than the serial number on the firearm's frame or receiver.     (d) A prosecution for a violation of this Section may be commenced within 6 years after the commission of the offense. (Source: P.A. 93‑906, eff. 8‑11‑04.)

(720 ILCS 5/24‑6) (from Ch. 38, par. 24‑6)     Sec. 24‑6. Confiscation and disposition of weapons.     (a) Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized shall be confiscated by the trial court.     (b) Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. After the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, the court may transfer the weapon to the sheriff of the county who may proceed to destroy it, or may in its discretion order the weapon preserved as property of the governmental body whose police agency seized the weapon, or may in its discretion order the weapon to be transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department. If, after the disposition of a criminal case, a need still exists for the use of the confiscated weapon for evidentiary purposes, the court may transfer the weapon to the custody of the State Department of Corrections for preservation. The court may not order the transfer of the weapon to any private individual or private organization other than to return a stolen weapon to its rightful owner.     The provisions of this Section shall not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those Codes.     (c) Any mental hospital that admits a person as an inpatient pursuant to any of the provisions of the Mental Health and Developmental Disabilities Code shall confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization. The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency. The hospital shall give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm.     The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days. Thereafter, the firearm may be disposed of pursuant to the provisions of subsection (b) of this Section. (Source: P.A. 91‑696, eff. 4‑13‑00.)

(720 ILCS 5/24‑7)     Sec. 24‑7. Weapons offenses; community service. In addition to any other sentence that may be imposed, a court shall order any person convicted of a violation of this Article to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Article, the supervision shall be conditioned upon the performance of the community service.     This Section does not apply when the court imposes a sentence of incarceration. (Source: P.A. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)

(720 ILCS 5/24‑8)     Sec. 24‑8. Firearm tracing.     (a) Upon recovering a firearm from the possession of anyone who is not permitted by federal or State law to possess a firearm, a local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine how and from whom the person gained possession of the firearm. Upon recovering a firearm that was used in the commission of any offense classified as a felony or upon recovering a firearm that appears to have been lost, mislaid, stolen, or otherwise unclaimed, a local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine prior ownership of the firearm.     (b) Local law enforcement shall, when appropriate, use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms in complying with subsection (a) of this Section.     (c) Local law enforcement agencies shall use the Illinois Department of State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all stolen, seized, or recovered firearms as prescribed by LEADS regulations and policies. (Source: P.A. 91‑364, eff. 1‑1‑00; 92‑300, eff. 1‑1‑02.)

(720 ILCS 5/24‑9)     Sec. 24‑9. Firearms; Child Protection.     (a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:         (1) secured by a device or mechanism, other than the

firearm safety, designed to render a firearm temporarily inoperable; or

(2) placed in a securely locked box or container; or         (3) placed in some other location that a reasonable

person would believe to be secure from a minor under the age of 14 years.

(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.     (c) Subsection (a) does not apply:         (1) if the minor under 14 years of age gains access

to a firearm and uses it in a lawful act of self‑defense or defense of another; or

(2) to any firearm obtained by a minor under the age

of 14 because of an unlawful entry of the premises by the minor or another person.

(d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. (Source: P.A. 91‑18, eff. 1‑1‑00.)

    (720 ILCS 5/24‑9.5)
    Sec. 24‑9.5. Handgun safety devices.
    (a) It is unlawful for a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or transfer a handgun to a person not licensed under that Act, unless he or she sells or includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. This includes but is not limited to:
        (1) An external device that is:
            (i) attached to the handgun with a key or

combination lock; and

(ii) designed to prevent the handgun from being

discharged unless the device has been deactivated.

(2) An integrated mechanical safety, disabling, or

locking device that is:

(i) built into the handgun; and             (ii) designed to prevent the handgun from being

discharged unless the device has been deactivated.

(b) Sentence. A person who violates this Section is

guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.

(c) For the purposes of this Section, "handgun" has the

meaning ascribed to it in clause (h)(2) of subsection (A) of Section 24‑3 of this Code.

(d) This Section does not apply to:         (1) the purchase, sale, or transportation of a

handgun to or by a federally licensed firearms dealer or manufacturer that provides or services a handgun for:

(i) personnel of any unit of the federal

government;

(ii) members of the armed forces of the United

States or the National Guard;

(iii) law enforcement personnel of the State or

any local law enforcement agency in the State while acting within the scope of their official duties; and

(iv) an organization that is required by federal

law governing its specific business or activity to maintain handguns and applicable ammunition;

(2) a firearm modified to be permanently inoperative;         (3) the sale or transfer of a handgun by a federally

licensed firearms dealer or manufacturer described in item (1) of this subsection (d);

(4) the sale or transfer of a handgun by a federally

licensed firearms dealer or manufacturer to a lawful customer outside the State; or

(5) an antique firearm. (Source: P.A. 94‑390, eff. 1‑1‑06.)

    (720 ILCS 5/24‑10)
    Sec. 24‑10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self‑defense or defense of another as defined in Sections 7‑1 and 7‑2 of this Code when on his or her land or in his or her abode or fixed place of business.
(Source: P.A. 93‑1048, eff. 11‑16‑04.)
      (720 ILCS 5/Art. 24.5 heading)
ARTICLE 24.5. NITROUS OXIDE

(720 ILCS 5/24.5‑5)     Sec. 24.5‑5. Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a Class A misdemeanor. A person who commits a second or subsequent violation of this Section is guilty of a Class 4 felony. This Section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent. (Source: P.A. 91‑366, eff. 1‑1‑00.)

(720 ILCS 5/24.5‑10)     Sec. 24.5‑10. Unlawful manufacture or delivery. Any person, firm, corporation, co‑partnership, limited liability company, or association that intentionally manufactures, delivers, or possesses with intent to manufacture or deliver nitrous oxide for any purpose prohibited under Section 24.5‑5 is guilty of a Class 3 felony. (Source: P.A. 91‑366, eff. 1‑1‑00.)

      (720 ILCS 5/Art. 24.6 heading)
ARTICLE 24.6. LASER POINTERS

(720 ILCS 5/24.6‑5)     Sec. 24.6‑5. Definitions. In this Article:     "Laser pointer" means a hand‑held device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.     "Laser sight" means a laser pointer that can be attached to a firearm and can be used to improve the accuracy of the firearm. (Source: P.A. 91‑252, eff. 1‑1‑00.)

(720 ILCS 5/24.6‑20)     Sec. 24.6‑20. Aiming a laser pointer at a peace officer.     (a) A person commits aiming a laser pointer at a peace officer when he or she intentionally or knowingly aims an operating laser pointer at a person he or she knows or reasonably should know to be a peace officer.     (b) Sentence. Aiming a laser pointer at a peace officer is a Class A misdemeanor. (Source: P.A. 91‑252, eff. 1‑1‑00.)

      (720 ILCS 5/Art. 25 heading)
ARTICLE 25. MOB ACTION AND RELATED OFFENSES

(720 ILCS 5/25‑1) (from Ch. 38, par. 25‑1)     Sec. 25‑1. Mob action.     (a) Mob action consists of any of the following:         (1) The use of force or violence disturbing the

public peace by 2 or more persons acting together and without authority of law; or

(2) The assembly of 2 or more persons to do an

unlawful act; or

(3) The assembly of 2 or more persons, without

authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.

(b) Mob action as defined in paragraph (1) of subsection (a) is a Class 4 felony.     (c) Mob action as defined in paragraphs (2) and (3) of subsection (a) is a Class C misdemeanor.     (d) Any participant in a mob action which shall by violence inflict injury to the person or property of another commits a Class 4 felony.     (e) Any participant in a mob action who does not withdraw on being commanded to do so by any peace officer commits a Class A misdemeanor.     (f) In addition to any other sentence that may be imposed, a court shall order any person convicted of mob action to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.     This subsection does not apply when the court imposes a sentence of incarceration. (Source: P.A. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)

(720 ILCS 5/25‑1.1)     Sec. 25‑1.1. Unlawful contact with streetgang members.     (a) A person commits the offense of unlawful contact with streetgang members when:         (1) He or she knowingly has direct or indirect

contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been sentenced to probation, conditional discharge, or supervision for a criminal offense with a condition of such sentence being to refrain from direct or indirect contact with a streetgang member or members; or

(2) He or she knowingly has direct or indirect

contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been released on bond for any criminal offense with a condition of such bond being to refrain from direct or indirect contact with a streetgang member or members.

(b) Unlawful contact with streetgang members is a Class A misdemeanor.     (c) This Section does not apply to a person when the only streetgang member or members he or she is with is a family or household member or members as defined in paragraph (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963 and the streetgang members are not engaged in any streetgang related activity. (Source: P.A. 90‑795, eff. 8‑14‑98; 91‑357, eff. 7‑29‑99.)

(720 ILCS 5/25‑2) (from Ch. 38, par. 25‑2)     Sec. 25‑2. Removal of chief of police or sheriff.     (a) If a prisoner is taken from the custody of any policeman or chief of police of any city, town or village and lynched, it shall be prima facie evidence of wrong‑doing on the part of such chief of police and he shall be suspended. The mayor or chief executive of such city, town or village shall appoint an acting chief of police until he has ascertained whether the suspended chief of police has done all in his power to protect the life of the prisoner. If, upon hearing all evidence and argument, the mayor or chief executive finds that the chief of police has done his utmost to protect the prisoner, he may reinstate the chief of police; but, if he finds the chief of police guilty of not properly protecting the prisoner, a new chief of police shall be appointed. Any chief of police replaced shall not be eligible to serve again in such office.     (b) If a prisoner is taken from the custody of any sheriff or his deputy and lynched, it shall be prima facie evidence of wrong‑doing on the part of such sheriff and he shall be suspended. The governor shall appoint an acting sheriff until he has ascertained whether the suspended sheriff has done all in his power to protect the life of the prisoner. If, upon hearing all evidence and argument, the governor finds that the sheriff has done his utmost to protect the prisoner, he shall reinstate the sheriff; but, if he finds the sheriff guilty of not properly protecting the prisoner, a new sheriff shall be duly elected or appointed, pursuant to the existing law provided for the filling of vacancies in such office. Any sheriff replaced shall not be eligible to serve again in such office. (Source: Laws 1961, p. 1983.)

      (720 ILCS 5/Art. 26 heading)
ARTICLE 26. DISORDERLY CONDUCT

(720 ILCS 5/26‑1) (from Ch. 38, par. 26‑1)     Sec. 26‑1. Elements of the Offense.     (a) A person commits disorderly conduct when he knowingly:         (1) Does any act in such unreasonable manner as to

alarm or disturb another and to provoke a breach of the peace; or

(2) Transmits or causes to be transmitted in any

manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

(3) Transmits or causes to be transmitted in any

manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or

(4) Transmits or causes to be transmitted in any

manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or

(5) Enters upon the property of another and for a

lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

(6) While acting as a collection agency as defined

in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or

(7) Transmits or causes to be transmitted a false

report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or

(8) Transmits or causes to be transmitted a false

report to the Department of Public Health under the Nursing Home Care Act; or

(9) Transmits or causes to be transmitted in any

manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician‑ambulance or emergency medical technician‑paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or

(10) Transmits or causes to be transmitted a false

report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or

(11) Transmits or causes to be transmitted a false

report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or

(12) Calls the number "911" for the purpose of

making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.

(b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5), (a)(11), or (a)(12) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.     A violation of subsection (a)(6) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7), (a)(11), or (a)(12) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(5) of this Section is a Class 4 felony.     (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.     This subsection does not apply when the court imposes a sentence of incarceration. (Source: P.A. 92‑16, eff. 6‑28‑01; 92‑502, eff. 12‑19‑01; 93‑431, eff. 8‑5‑03.)

(720 ILCS 5/26‑2) (from Ch. 38, par. 26‑2)     Sec. 26‑2. Interference with emergency communication.     (a) A person commits the offense of interference with emergency communication when he knowingly, intentionally and without lawful justification interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a citizens band radio channel, the purpose of which communication is to inform or inquire about an emergency.     (b) For the purpose of this Section, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.     (c) Sentence.         (1) Interference with emergency communication is a

Class B misdemeanor, except as otherwise provided in paragraph (2).

(2) Interference with emergency communication, where

serious bodily injury or property loss in excess of $1,000 results, is a Class A misdemeanor.

(Source: P.A. 82‑418.)

(720 ILCS 5/26‑3) (from Ch. 38, par. 26‑3)     Sec. 26‑3. Use of a facsimile machine in unsolicited advertising or fund‑raising.     (a) Definitions:     (1) "Facsimile machine" means a device which is capable of sending or receiving facsimiles of documents through connection with a telecommunications network.     (2) "Person" means an individual, public or private corporation, unit of government, partnership or unincorporated association.     (b) No person shall knowingly use a facsimile machine to send or cause to be sent to another person a facsimile of a document containing unsolicited advertising or fund‑raising material, except to a person which the sender knows or under all of the circumstances reasonably believes has given the sender permission, either on a case by case or continuing basis, for the sending of such material.     (c) Sentence. Any person who violates subsection (b) is guilty of a petty offense and shall be fined an amount not to exceed $500. (Source: P.A. 86‑555.)

(720 ILCS 5/26‑4) (from Ch. 38, par. 26‑4)     Sec. 26‑4. Unauthorized video recording and live video transmission.     (a) It is unlawful for any person to knowingly make a video record or transmit live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom.     (a‑5) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent.     (a‑10) It is unlawful for any person to knowingly make a video record or transmit live video of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.     (a‑15) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmit live video of another person without that person's consent.     (a‑20) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video with the intent to make a video record or transmit live video of another person in that other person's residence without that person's consent.     (a‑25) It is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, a video record or live video that he or she knows to have been made or transmitted in violation of (a), (a‑5), (a‑10), (a‑15), or (a‑20).     (b) Exemptions. The following activities shall be exempt from the provisions of this Section:         (1) The making of a video record or transmission of

live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;

(2) The making of a video record or transmission of

live video by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections.

(3) The making of a video record or transmission of

live video in a locker room by a reporter or news medium, as those terms are defined in Section 8‑902 of the Code of Civil Procedure, where the reporter or news medium has been granted access to the locker room by an appropriate authority for the purpose of conducting interviews.

(c) The provisions of this Section do not apply to any sound recording or transmission of an oral conversation made as the result of the making of a video record or transmission of live video, and to which Article 14 of this Code applies.     (d) Sentence.         (1) A violation of subsection (a), (a‑10), (a‑15),

or (a‑20) is a Class A misdemeanor.

(2) A violation of subsection (a‑5) is a Class 4

felony.

(3) A violation of subsection (a‑25) is a Class 3

felony.

(4) A violation of subsection (a), (a‑5), (a‑10),

(a‑15) or (a‑20) is a Class 3 felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.

(5) A violation of subsection (a‑25) is a Class 2

felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.

(e) For purposes of this Section, "video record" means

and includes any videotape, photograph, film, or other electronic or digital recording of a still or moving visual image; and "live video" means and includes any real‑time or contemporaneous electronic or digital transmission of a still or moving visual image.

(Source: P.A. 92‑86, eff. 7‑12‑01; 93‑851, eff. 1‑1‑05.)

    (720 ILCS 5/26‑5)
    Sec. 26‑5. Dog fighting. (For other provisions that may apply to dog fighting, see the Humane Care for Animals Act. For provisions similar to this Section that apply to animals other than dogs, see in particular Section 4.01 of the Humane Care for Animals Act.)
    (a) No person may own, capture, breed, train, or lease any dog which he or she knows is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between the dog and any other animal or human, or the intentional killing of any dog for the purpose of sport, wagering, or entertainment.
    (b) No person may promote, conduct, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering, or entertainment of any show, exhibition, program, or other activity involving a fight between 2 or more dogs or any dog and human, or the intentional killing of any dog.
    (c) No person may sell or offer for sale, ship, transport, or otherwise move, or deliver or receive any dog which he or she knows has been captured, bred, or trained, or will be used, to fight another dog or human or be intentionally killed for purposes of sport, wagering, or entertainment.
    (c‑5) No person may solicit a minor to violate this Section.
    (d) No person may manufacture for sale, shipment, transportation, or delivery any device or equipment which he or she knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between 2 or more dogs, or any human and dog, or the intentional killing of any dog for purposes of sport, wagering, or entertainment.
    (e) No person may own, possess, sell or offer for sale, ship, transport, or otherwise move any equipment or device which he or she knows or should know is intended for use in connection with any show, exhibition, program, or activity featuring or otherwise involving a fight between 2 or more dogs, or any dog and human, or the intentional killing of any dog for purposes of sport, wagering or entertainment.
    (f) No person may knowingly make available any site, structure, or facility, whether enclosed or not, that he or she knows is intended to be used for the purpose of conducting any show, exhibition, program, or other activity involving a fight between 2 or more dogs, or any dog and human, or the intentional killing of any dog or knowingly manufacture, distribute, or deliver fittings to be used in a fight between 2 or more dogs or a dog and human.
    (g) No person may attend or otherwise patronize any show, exhibition, program, or other activity featuring or otherwise involving a fight between 2 or more dogs, or any dog and human, or the intentional killing of any dog for purposes of sport, wagering, or entertainment.
    (h) No person may tie or attach or fasten any live animal to any machine or device propelled by any power for the purpose of causing the animal to be pursued by a dog or dogs. This subsection (h) applies only when the dog is intended to be used in a dog fight.
    (i) Penalties for violations of this Section shall be as follows:
        (1) Any person convicted of violating subsection

(a), (b), or (c) of this Section is guilty of a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation, and may be fined an amount not to exceed $50,000.

(1.5) A person who knowingly owns a dog for fighting

purposes or for producing a fight between 2 or more dogs or a dog and human or who knowingly offers for sale or sells a dog bred for fighting is guilty of a Class 3 felony and may be fined an amount not to exceed $50,000, if the dog participates in a dogfight and any of the following factors is present:

(i) the dogfight is performed in the presence of

a person under 18 years of age;

(ii) the dogfight is performed for the purpose

of or in the presence of illegal wagering activity; or

(iii) the dogfight is performed in furtherance

of streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(1.7) A person convicted of violating subsection

(c‑5) of this Section is guilty of a Class 4 felony.

(2) Any person convicted of violating subsection (d)

or (e) of this Section is guilty of a Class A misdemeanor for a first violation. A second or subsequent violation of subsection (d) or (e) of this Section is a Class 3 felony.

(2.5) Any person convicted of violating subsection

(f) of this Section is guilty of a Class 4 felony.

(3) Any person convicted of violating subsection (g)

of this Section is guilty of a Class A misdemeanor for a first violation. A second or subsequent violation of subsection (g) of this Section is a Class 4 felony. If a person under 13 years of age is present at any show, exhibition, program, or other activity prohibited in subsection (g), the parent, legal guardian, or other person who is 18 years of age or older who brings that person under 13 years of age to that show, exhibition, program, or other activity is guilty of a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(j) Any dog or equipment involved in a violation of this Section shall be immediately seized and impounded under Section 12 of the Humane Care for Animals Act when located at any show, exhibition, program, or other activity featuring or otherwise involving a dog fight for the purposes of sport, wagering, or entertainment.     (k) Any vehicle or conveyance other than a common carrier that is used in violation of this Section shall be seized, held, and offered for sale at public auction by the sheriff's department of the proper jurisdiction, and the proceeds from the sale shall be remitted to the general fund of the county where the violation took place.     (l) Any veterinarian in this State who is presented with a dog for treatment of injuries or wounds resulting from fighting where there is a reasonable possibility that the dog was engaged in or utilized for a fighting event for the purposes of sport, wagering, or entertainment shall file a report with the Department of Agriculture and cooperate by furnishing the owners' names, dates, and descriptions of the dog or dogs involved. Any veterinarian who in good faith complies with the requirements of this subsection has immunity from any liability, civil, criminal, or otherwise, that may result from his or her actions. For the purposes of any proceedings, civil or criminal, the good faith of the veterinarian shall be rebuttably presumed.     (m) In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order that the convicted person and persons dwelling in the same household as the convicted person who conspired, aided, or abetted in the unlawful act that was the basis of the conviction, or who knew or should have known of the unlawful act, may not own, harbor, or have custody or control of any dog or other animal for a period of time that the court deems reasonable.     (n) A violation of subsection (a) of this Section may be inferred from evidence that the accused possessed any device or equipment described in subsection (d), (e), or (h) of this Section, and also possessed any dog.     (o) When no longer required for investigations or court proceedings relating to the events described or depicted therein, evidence relating to convictions for violations of this Section shall be retained and made available for use in training peace officers in detecting and identifying violations of this Section. Such evidence shall be made available upon request to other law enforcement agencies and to schools certified under the Illinois Police Training Act. (Source: P.A. 94‑820, eff. 1‑1‑07.)

    (720 ILCS 5/26‑6)
    Sec. 26‑6. Disorderly conduct at a funeral or memorial service.
    (a) The General Assembly finds and declares that due to the unique nature of funeral and memorial services and the heightened opportunity for extreme emotional distress on such occasions, the purpose of this Section is to protect the privacy and ability to mourn of grieving families directly before, during, and after a funeral or memorial service.
    (b) For purposes of this Section:
        (1) "Funeral" means the ceremonies, rituals,

processions, and memorial services held at a funeral site in connection with the burial, cremation, or memorial of a deceased person.

(2) "Funeral site" means a church, synagogue, mosque,

funeral home, mortuary, cemetery, gravesite, mausoleum, or other place at which a funeral is conducted or is scheduled to be conducted within the next 30 minutes or has been conducted within the last 30 minutes.

(c) A person commits the offense of disorderly conduct at a funeral or memorial service when he or she:         (1) engages, with knowledge of the existence of a

funeral site, in any loud singing, playing of music, chanting, whistling, yelling, or noisemaking with, or without, noise amplification including, but not limited to, bullhorns, auto horns, and microphones within 200 feet of any ingress or egress of that funeral site, where the volume of such singing, music, chanting, whistling, yelling, or noisemaking is likely to be audible at and disturbing to the funeral site;

(2) displays, with knowledge of the existence of a

funeral site and within 200 feet of any ingress or egress of that funeral site, any visual images that convey fighting words or actual or veiled threats against any other person; or

(3) with knowledge of the existence of a funeral

site, knowingly obstructs, hinders, impedes, or blocks another person's entry to or exit from that funeral site or a facility containing that funeral site, except that the owner or occupant of property may take lawful actions to exclude others from that property.

(d) Disorderly conduct at a funeral or memorial service

is a Class C misdemeanor. A second or subsequent violation is a Class 4 felony.

(e) If any clause, sentence, section, provision, or part

of this Section or the application thereof to any person or circumstance is adjudged to be unconstitutional, the remainder of this Section or its application to persons or circumstances other than those to which it is held invalid, is not affected thereby.

(Source: P.A. 94‑772, eff. 5‑17‑06.)

      (720 ILCS 5/Art. 28 heading)
ARTICLE 28. GAMBLING AND RELATED OFFENSES

(720 ILCS 5/28‑1) (from Ch. 38, par. 28‑1)     Sec. 28‑1. Gambling.     (a) A person commits gambling when he:         (1) Plays a game of chance or skill for money or

other thing of value, unless excepted in subsection (b) of this Section; or

(2) Makes a wager upon the result of any game,

contest, or any political nomination, appointment or election; or

(3) Operates, keeps, owns, uses, purchases,

exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device; or

(4) Contracts to have or give himself or another the

option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4); or

(5) Knowingly owns or possesses any book, instrument

or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager; or

(6) Sells pools upon the result of any game or

contest of skill or chance, political nomination, appointment or election; or

(7) Sets up or promotes any lottery or sells, offers

to sell or transfers any ticket or share for any lottery; or

(8) Sets up or promotes any policy game or sells,

offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device; or

(9) Knowingly drafts, prints or publishes any

lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government; or

(10) Knowingly advertises any lottery or policy

game, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state; or

(11) Knowingly transmits information as to wagers,

betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or

(12) Knowingly establishes, maintains, or operates

an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet.

(b) Participants in any of the following activities shall not be convicted of gambling therefor:         (1) Agreements to compensate for loss caused by the

happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;

(2) Offers of prizes, award or compensation to the

actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest;

(3) Pari‑mutuel betting as authorized by the law of

this State;

(4) Manufacture of gambling devices, including the

acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law;

(5) The game commonly known as "bingo", when

conducted in accordance with the Bingo License and Tax Act;

(6) Lotteries when conducted by the State of

Illinois in accordance with the Illinois Lottery Law;

(7) Possession of an antique slot machine that is

neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier;

(8) Raffles when conducted in accordance with the

Raffles Act;

(9) Charitable games when conducted in accordance

with the Charitable Games Act;

(10) Pull tabs and jar games when conducted under

the Illinois Pull Tabs and Jar Games Act; or

(11) Gambling games conducted on riverboats when

authorized by the Riverboat Gambling Act.

(c) Sentence.     Gambling under subsection (a)(1) or (a)(2) of this Section is a Class A misdemeanor. Gambling under any of subsections (a)(3) through (a)(11) of this Section is a Class A misdemeanor. A second or subsequent conviction under any of subsections (a)(3) through (a)(11), is a Class 4 felony. Gambling under subsection (a)(12) of this Section is a Class A misdemeanor. A second or subsequent conviction under subsection (a)(12) is a Class 4 felony.     (d) Circumstantial evidence.     In prosecutions under subsection (a)(1) through (a)(12) of this Section circumstantial evidence shall have the same validity and weight as in any criminal prosecution. (Source: P.A. 91‑257, eff. 1‑1‑00.)

(720 ILCS 5/28‑1.1) (from Ch. 38, par. 28‑1.1)     Sec. 28‑1.1. Syndicated gambling.     (a) Declaration of Purpose. Recognizing the close relationship between professional gambling and other organized crime, it is declared to be the policy of the legislature to restrain persons from engaging in the business of gambling for profit in this State. This Section shall be liberally construed and administered with a view to carrying out this policy.     (b) A person commits syndicated gambling when he operates a "policy game" or engages in the business of bookmaking.     (c) A person "operates a policy game" when he knowingly uses any premises or property for the purpose of receiving or knowingly does receive from what is commonly called "policy":         (1) money from a person other than the better or

player whose bets or plays are represented by such money; or

(2) written "policy game" records, made or used over

any period of time, from a person other than the better or player whose bets or plays are represented by such written record.

(d) A person engages in bookmaking when he receives or accepts more than five bets or wagers upon the result of any trials or contests of skill, speed or power of endurance or upon any lot, chance, casualty, unknown or contingent event whatsoever, which bets or wagers shall be of such size that the total of the amounts of money paid or promised to be paid to such bookmaker on account thereof shall exceed $2,000. Bookmaking is the receiving or accepting of such bets or wagers regardless of the form or manner in which the bookmaker records them.     (e) Participants in any of the following activities shall not be convicted of syndicated gambling:         (1) Agreements to compensate for loss caused by the

happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance; and

(2) Offers of prizes, award or compensation to the

actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest; and

(3) Pari‑mutuel betting as authorized by law of this

State; and

(4) Manufacture of gambling devices, including the

acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; and

(5) Raffles when conducted in accordance with the

Raffles Act; and

(6) Gambling games conducted on riverboats when

authorized by the Riverboat Gambling Act.

(f) Sentence. Syndicated gambling is a Class 3 felony. (Source: P.A. 86‑1029; 87‑435.)

(720 ILCS 5/28‑2) (from Ch. 38, par. 28‑2)     Sec. 28‑2. Definitions.     (a) A "gambling device" is any clock, tape machine, slot machine or other machines or device for the reception of money or other thing of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost; or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place. A "gambling device" does not include:         (1) A coin‑in‑the‑slot operated mechanical device

played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property.

(2) Vending machines by which full and adequate

return is made for the money invested and in which there is no element of chance or hazard.

(3) A crane game. For the purposes of this

paragraph (3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties and prizes other than currency, each having a wholesale value which is not more than 7 times the cost charged to play the amusement device once or $5, whichever is less.

(4) A redemption machine. For the purposes of this

paragraph (4), a "redemption machine" is a single‑player or multi‑player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object into, upon, or against a hole or other target, provided that all of the following conditions are met:

(A) The outcome of the game is predominantly

determined by the skill of the player.

(B) The award of the prize is based solely upon

the player's achieving the object of the game or otherwise upon the player's score.

(C) Only merchandise prizes are awarded.             (D) The average wholesale value of prizes

awarded in lieu of tickets or tokens for single play of the device does not exceed the lesser of $5 or 7 times the cost charged for a single play of the device.

(E) The redemption value of tickets, tokens, and

other representations of value, which may be accumulated by players to redeem prizes of greater value, does not exceed the amount charged for a single play of the device.

(a‑5) "Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.     (a‑6) "Access" and "computer" have the meanings ascribed to them in Section 16D‑2 of this Code.     (b) A "lottery" is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale or some other name.     (c) A "policy game" is any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token or other device that any particular number, character, ticket or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property or evidence of debt. (Source: P.A. 91‑257, eff. 1‑1‑00.)

(720 ILCS 5/28‑3) (from Ch. 38, par. 28‑3)     Sec. 28‑3. Keeping a Gambling Place. A "gambling place" is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place commits a Class A misdemeanor. Each subsequent offense is a Class 4 felony. When any premises is determined by the circuit court to be a gambling place:     (a) Such premises is a public nuisance and may be proceeded against as such, and     (b) All licenses, permits or certificates issued by the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license, and     (c) Such premises of any person who knowingly permits thereon a violation of any Section of this Article shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article. (Source: P.A. 86‑1029.)

(720 ILCS 5/28‑4) (from Ch. 38, par. 28‑4)     Sec. 28‑4. Registration of Federal Gambling Stamps.     (a) Every person who has purchased a Federal Wagering Occupational Tax Stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, or a Federal Gaming Device Tax Stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, shall register forthwith such stamp or stamps with the county clerk's office in which he resides and the county clerk's office of each and every county in which he conducts any business. A violation of this Section is a Class B misdemeanor. A subsequent violation is a Class A misdemeanor.     (b) To register a stamp as required by this Section, each individual stamp purchaser and each member of a firm or association which is a stamp purchaser and, if such purchaser is corporate, the registered agent of the purchasing corporation shall deliver the stamp to the county clerk for inspection and shall under oath or affirmation complete and sign a registration form which shall state the full name and residence and business address of each purchaser and of each member of a purchasing firm or association and of each person employed or engaged in gambling on behalf of such purchaser, shall state the registered agent and registered address of a corporate purchaser, shall state each place where gambling is to be performed by or on behalf of the purchaser, and shall state the duration of validity of the stamp and the federal registration number and tax return number thereof. Any false statement in the registration form is material and is evidence of perjury.     (c) Within 3 days after such registration the county clerk shall by registered mail forward notice of such registration and a duplicate copy of each registration form to the Attorney General of this State, to the Chairman of the Illinois Liquor Control Commission, to the State's Attorney and Sheriff of each county wherein the stamp is registered, and to the principal official of the department of police of each city, village and incorporated town in this State wherein the stamp is registered or wherein the registrant maintains a business address. (Source: P. A. 77‑2638.)

(720 ILCS 5/28‑5) (from Ch. 38, par. 28‑5)     Sec. 28‑5. Seizure of gambling devices and gambling funds.     (a) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a "gambling device", and shall be subject to seizure, confiscation and destruction by the Department of State Police or by any municipal, or other local authority, within whose jurisdiction the same may be found. As used in this Section, a "gambling device" includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in said device knows of the unlawful use of the device.     (b) Every gambling device shall be seized and forfeited to the county wherein such seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited to the county wherein such seizure occurs.     (c) If, within 60 days after any seizure pursuant to subparagraph (b) of this Section, a person having any property interest in the seized property is charged with an offense, the court which renders judgment upon such charge shall, within 30 days after such judgment, conduct a forfeiture hearing to determine whether such property was a gambling device at the time of seizure. Such hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized property, a representation that written notice of the date, time and place of such hearing has been mailed to every such person by certified mail at least 10 days before such date, and a request for forfeiture. Every such person may appear as a party and present evidence at such hearing. The quantum of proof required shall be a preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized property was a gambling device at the time of seizure, an order of forfeiture and disposition of the seized property shall be entered: a gambling device shall be received by the State's Attorney, who shall effect its destruction, except that valuable parts thereof may be liquidated and the resultant money shall be deposited in the general fund of the county wherein such seizure occurred; money and other things of value shall be received by the State's Attorney and, upon liquidation, shall be deposited in the general fund of the county wherein such seizure occurred. However, in the event that a defendant raises the defense that the seized slot machine is an antique slot machine described in subparagraph (b) (7) of Section 28‑1 of this Code and therefore he is exempt from the charge of a gambling activity participant, the seized antique slot machine shall not be destroyed or otherwise altered until a final determination is made by the Court as to whether it is such an antique slot machine. Upon a final determination by the Court of this question in favor of the defendant, such slot machine shall be immediately returned to the defendant. Such order of forfeiture and disposition shall, for the purposes of appeal, be a final order and judgment in a civil proceeding.     (d) If a seizure pursuant to subparagraph (b) of this Section is not followed by a charge pursuant to subparagraph (c) of this Section, or if the prosecution of such charge is permanently terminated or indefinitely discontinued without any judgment of conviction or acquittal (1) the State's Attorney shall commence an in rem proceeding for the forfeiture and destruction of a gambling device, or for the forfeiture and deposit in the general fund of the county of any seized money or other things of value, or both, in the circuit court and (2) any person having any property interest in such seized gambling device, money or other thing of value may commence separate civil proceedings in the manner provided by law.     (e) Any gambling device displayed for sale to a riverboat gambling operation or used to train occupational licensees of a riverboat gambling operation as authorized under the Riverboat Gambling Act is exempt from seizure under this Section.     (f) Any gambling equipment, devices and supplies provided by a licensed supplier in accordance with the Riverboat Gambling Act which are removed from the riverboat for repair are exempt from seizure under this Section. (Source: P.A. 87‑826.)

(720 ILCS 5/28‑7) (from Ch. 38, par. 28‑7)     Sec. 28‑7. Gambling contracts void.     (a) All promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, drawn, or entered into, or executed by any person whatsoever, where the whole or any part of the consideration thereof is for any money or thing of value, won or obtained in violation of any Section of this Article are null and void.     (b) Any obligation void under this Section may be set aside and vacated by any court of competent jurisdiction, upon a complaint filed for that purpose, by the person so granting, giving, entering into, or executing the same, or by his executors or administrators, or by any creditor, heir, legatee, purchaser or other person interested therein; or if a judgment, the same may be set aside on motion of any person stated above, on due notice thereof given.     (c) No assignment of any obligation void under this Section may in any manner affect the defense of the person giving, granting, drawing, entering into or executing such obligation, or the remedies of any person interested therein.     (d) This Section shall not prevent a licensed owner of a riverboat gambling operation from instituting a cause of action to collect any amount due and owing under an extension of credit to a riverboat gambling patron as authorized under the Riverboat Gambling Act. (Source: P.A. 87‑826.)

(720 ILCS 5/28‑8) (from Ch. 38, par. 28‑8)     Sec. 28‑8. Gambling losses recoverable. (a) Any person who by gambling shall lose to any other person, any sum of money or thing of value, amounting to the sum of $50 or more and shall pay or deliver the same or any part thereof, may sue for and recover the money or other thing of value, so lost and paid or delivered, in a civil action against the winner thereof, with costs, in the circuit court. No person who accepts from another person for transmission, and transmits, either in his own name or in the name of such other person, any order for any transaction to be made upon, or who executes any order given to him by another person, or who executes any transaction for his own account on, any regular board of trade or commercial, commodity or stock exchange, shall, under any circumstances, be deemed a "winner" of any moneys lost by such other person in or through any such transactions.     (b) If within 6 months, such person who under the terms of Subsection 28‑8(a) is entitled to initiate action to recover his losses does not in fact pursue his remedy, any person may initiate a civil action against the winner. The court or the jury, as the case may be, shall determine the amount of the loss. After such determination, the court shall enter a judgment of triple the amount so determined. (Source: P.A. 79‑1360.)

(720 ILCS 5/28‑9) (from Ch. 38, par. 28‑9)     Sec. 28‑9.     At the option of the prosecuting attorney any prosecution under this Article may be commenced by an information as defined in Section 102‑12 of the Code of Criminal Procedure of 1963. (Source: P. A. 76‑1131.)

      (720 ILCS 5/Art. 29 heading)
ARTICLE 29. BRIBERY IN CONTESTS

(720 ILCS 5/29‑1) (from Ch. 38, par. 29‑1)     Sec. 29‑1. Offering a bribe.     (a) Any person who, with intent to influence any person participating in, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition, gives, offers or promises any money, bribe or other thing of value or advantage to induce such participant, official or other person not to use his best efforts in connection with such contest, event or exhibition commits a Class 4 felony.     (b) Any person who, with the intent to influence the decision of any individual, offers or promises any money, bribe or other thing of value or advantage to induce such individual to attend, refrain from attending or continue to attend a particular public or private institution of secondary education or higher education for the purpose of participating or not participating in interscholastic athletic competition for such institution commits a Class A misdemeanor. This Section does not apply to the: (1) offering or awarding to an individual any type of scholarship, grant or other bona fide financial aid or employment; (2) offering of any type of financial assistance by such individual's family; or (3) offering of any item of de minimis value by such institution's authorities if such item is of the nature of an item that is commonly provided to any or all students or prospective students.     (c) Any person who gives any money, goods or other thing of value to an individual enrolled in an institution of higher education who participates in interscholastic competition and represents or attempts to represent such individual in future negotiations for employment with any professional sports team commits a Class A misdemeanor. (Source: P.A. 85‑665.)

(720 ILCS 5/29‑2) (from Ch. 38, par. 29‑2)     Sec. 29‑2. Accepting a bribe.     Any person participating in, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition who accepts or agrees to accept any money, bribe or other thing of value or advantage with the intent, understanding or agreement that he will not use his best efforts in connection with such contest, event or exhibition commits a Class 4 felony. (Source: P. A. 77‑2638.)

(720 ILCS 5/29‑3) (from Ch. 38, par. 29‑3)     Sec. 29‑3. Failure to report offer of bribe.     Any person participating, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition who fails to report forthwith to his employer, the promoter of such contest, event or exhibition, a peace officer, or the local State's Attorney any offer or promise made to him in violation of Section 29‑1 commits a Class A misdemeanor. (Source: P. A. 77‑2638.)

      (720 ILCS 5/Art. 29A heading)
ARTICLE 29A. COMMERCIAL BRIBERY

(720 ILCS 5/29A‑1) (from Ch. 38, par. 29A‑1)     Sec. 29A‑1.     A person commits commercial bribery when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs. (Source: P.A. 76‑1129.)

(720 ILCS 5/29A‑2) (from Ch. 38, par. 29A‑2)     Sec. 29A‑2.     An employee, agent or fiduciary commits commercial bribe receiving when, without consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs. (Source: P. A. 76‑1129.)

(720 ILCS 5/29A‑3) (from Ch. 38, par. 29A‑3)     Sec. 29A‑3. Sentence.     (a) If the benefit offered, conferred, or agreed to be conferred, solicited, accepted or agreed to be accepted is less than $500,000, commercial bribery or commercial bribe receiving is a Class A misdemeanor and the sentence shall include, but not be limited to, a fine not to exceed $5,000.     (b) If the benefit offered, conferred, or agreed to be conferred, solicited, accepted, or agreed to be accepted in violation of this Article is $500,000 or more, the offender is guilty of a Class 3 felony. (Source: P.A. 93‑496, eff. 1‑1‑04.)

(720 ILCS 5/29A‑4)     Sec. 29A‑4. Corporate Crime Fund.     (a) In addition to any fines, penalties, and assessments otherwise authorized under this Code, any person convicted of a violation of this Article or Section 17‑26 or 17‑27 of this Code shall be assessed a penalty of not more than 3 times the value of all property involved in the criminal activity.     (b) The penalties assessed under subsection (a) shall be deposited into the Corporate Crime Fund, a special fund hereby created in the State treasury. Moneys in the Fund shall be used to make restitution to a person who has suffered property loss as a result of violations of this Article. The court may determine the reasonable amount, terms, and conditions of the restitution. In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant. (Source: P.A. 93‑496, eff. 1‑1‑04.)

      (720 ILCS 5/Art. 29B heading)
ARTICLE 29B. MONEY LAUNDERING

    (720 ILCS 5/29B‑1)(from Ch. 38, par. 29B‑1)
    Sec. 29B‑1. (a) A person commits the offense of money laundering:
        (1) when, knowing that the property involved in a

financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct such a financial transaction which in fact involves criminally derived property:

(A) with the intent to promote the carrying on

of the unlawful activity from which the criminally derived property was obtained; or

(B) where he or she knows or reasonably should

know that the financial transaction is designed in whole or in part:

(i) to conceal or disguise the nature, the

location, the source, the ownership or the control of the criminally derived property; or

(ii) to avoid a transaction reporting

requirement under State law; or

(1.5) when he or she transports, transmits, or

transfers, or attempts to transport, transmit, or transfer a monetary instrument:

(A) with the intent to promote the carrying on of

the unlawful activity from which the criminally derived property was obtained; or

(B) knowing, or having reason to know, that the

financial transaction is designed in whole or in part:

(i) to conceal or disguise the nature, the

location, the source, the ownership or the control of the criminally derived property; or

(ii) to avoid a transaction reporting

requirement under State law; or

(2) when, with the intent to:             (A) promote the carrying on of a specified

criminal activity as defined in this Article; or

(B) conceal or disguise the nature, location,

source, ownership, or control of property believed to be the proceeds of a specified criminal activity as defined by subdivision (b)(6); or

(C) avoid a transaction reporting requirement

under State law,

he or she conducts or attempts to conduct a financial

transaction involving property he or she believes to be the proceeds of specified criminal activity as defined by subdivision (b)(6) or property used to conduct or facilitate specified criminal activity as defined by subdivision (b)(6).

(b) As used in this Section:         (0.5) "Knowing that the property involved in a

financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, federal, or foreign law, regardless of whether or not such activity is specified in subdivision (b)(4).

(1) "Financial transaction" means a purchase, sale,

loan, pledge, gift, transfer, delivery or other disposition utilizing criminally derived property, and with respect to financial institutions, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of safe deposit box, or any other payment, transfer or delivery by, through, or to a financial institution. For purposes of clause (a)(2) of this Section, the term "financial transaction" also means a transaction which without regard to whether the funds, monetary instruments, or real or personal property involved in the transaction are criminally derived, any transaction which in any way or degree: (1) involves the movement of funds by wire or any other means; (2) involves one or more monetary instruments; or (3) the transfer of title to any real or personal property. The receipt by an attorney of bona fide fees for the purpose of legal representation is not a financial transaction for purposes of this Section.

(2) "Financial institution" means any bank; saving

and loan association; trust company; agency or branch of a foreign bank in the United States; currency exchange; credit union, mortgage banking institution; pawnbroker; loan or finance company; operator of a credit card system; issuer, redeemer or cashier of travelers checks, checks or money orders; dealer in precious metals, stones or jewels; broker or dealer in securities or commodities; investment banker; or investment company.

(3) "Monetary instrument" means United States coins

and currency; coins and currency of a foreign country; travelers checks; personal checks, bank checks, and money orders; investment securities; bearer negotiable instruments; bearer investment securities; or bearer securities and certificates of stock in such form that title thereto passes upon delivery.

(4) "Criminally derived property" means: (A) any

property, real or personal, constituting or derived from proceeds obtained, directly or indirectly, pursuant to a violation of the Criminal Code of 1961, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act; or (B) any property represented to be property constituting or derived from proceeds obtained, directly or indirectly, pursuant to a violation of this Code, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act.

(5) "Conduct" or "conducts" includes, in addition to

its ordinary meaning, initiating, concluding, or participating in initiating or concluding a transaction.

(6) "Specified criminal activity" means any

violation of Section 20.5‑5 (720 ILCS 5/20.5‑5) and any violation of Article 29D of this Code.

(7) "Director" means the Director of State Police or

his or her designated agents.

(8) "Department" means the Department of State Police

of the State of Illinois or its successor agency.

(9) "Transaction reporting requirement under State

law" means any violation as defined under the Currency Reporting Act.

(c) Sentence.         (1) Laundering of criminally derived property of a

value not exceeding $10,000 is a Class 3 felony;

(2) Laundering of criminally derived property of a

value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony;

(3) Laundering of criminally derived property of a

value exceeding $100,000 but not exceeding $500,000 is a Class 1 felony;

(4) Money laundering in violation of subsection

(a)(2) of this Section is a Class X felony;

(5) Laundering of criminally derived property of a

value exceeding $500,000 is a Class 1 non‑probationable felony.

(d) Evidence. In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property or from some form of unlawful activity:         (1) A financial transaction was conducted or

structured or attempted in violation of the reporting requirements of any State or federal law; or

(2) A financial transaction was conducted or

attempted with the use of a false or fictitious name or a forged instrument; or

(3) A falsely altered or completed written instrument

or a written instrument that contains any materially false personal identifying information was made, used, offered or presented, whether accepted or not, in connection with a financial transaction; or

(4) A financial transaction was structured or

attempted to be structured so as to falsely report the actual consideration or value of the transaction; or

(5) A money transmitter, a person engaged in a trade

or business or any employee of a money transmitter or a person engaged in a trade or business, knows or reasonably should know that false personal identifying information has been presented and incorporates the false personal identifying information into any report or record; or

(6) The criminally derived property is transported or

possessed in a fashion inconsistent with the ordinary or usual means of transportation or possession of such property and where the property is discovered in the absence of any documentation or other indicia of legitimate origin or right to such property; or

(7) A person pays or receives substantially less than

face value for one or more monetary instruments; or

(8) A person engages in a transaction involving one

or more monetary instruments, where the physical condition or form of the monetary instrument or instruments makes it apparent that they are not the product of bona fide business or financial transactions.

(e) Duty to enforce this Article.         (1) It is the duty of the Department of State Police,

and its agents, officers, and investigators, to enforce all provisions of this Article, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, or of any state, relating to money laundering. Only an agent, officer, or investigator designated by the Director may be authorized in accordance with this Section to serve seizure notices, warrants, subpoenas, and summonses under the authority of this State.

(2) Any agent, officer, investigator, or peace

officer designated by the Director may: (A) make seizure of property pursuant to the provisions of this Article; and (B) perform such other law enforcement duties as the Director designates. It is the duty of all State's Attorneys to prosecute violations of this Article and institute legal proceedings as authorized under this Article.

(f) Protective orders.         (1) Upon application of the State, the court may

enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (h) for forfeiture under this Article:

(A) upon the filing of an indictment,

information, or complaint charging a violation of this Article for which forfeiture may be ordered under this Article and alleging that the property with respect to which the order is sought would be subject to forfeiture under this Article; or

(B) prior to the filing of such an indictment,

information, or complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that:

(i) there is probable cause to believe that

the State will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and

(ii) the need to preserve the availability of

the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.

Provided, however, that an order entered pursuant

to subparagraph (B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment, information, complaint, or administrative notice has been filed.

(2) A temporary restraining order under this

subsection may be entered upon application of the State without notice or opportunity for a hearing when an indictment, information, complaint, or administrative notice has not yet been filed with respect to the property, if the State demonstrates that there is probable cause to believe that the property with respect to which the order is sought would be subject to forfeiture under this Section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 30 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order.

(3) The court may receive and consider, at a hearing

held pursuant to this subsection (f), evidence and information that would be inadmissible under the Illinois rules of evidence.

(4) Order to repatriate and deposit.             (A) In general. Pursuant to its authority to

enter a pretrial restraining order under this Section, the court may order a defendant to repatriate any property that may be seized and forfeited and to deposit that property pending trial with the Illinois State Police or another law enforcement agency designated by the Illinois State Police.

(B) Failure to comply. Failure to comply with an

order under this subsection (f) is punishable as a civil or criminal contempt of court.

(g) Warrant of seizure. The State may request the

issuance of a warrant authorizing the seizure of property described in subsection (h) in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would be subject to forfeiture, the court shall issue a warrant authorizing the seizure of such property.

(h) Forfeiture.         (1) The following are subject to forfeiture:             (A) any property, real or personal, constituting,

derived from, or traceable to any proceeds the person obtained directly or indirectly, as a result of a violation of this Article;

(B) any of the person's property used, or

intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this Article;

(C) all conveyances, including aircraft, vehicles

or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in subparagraphs (A) and (B), but:

(i) no conveyance used by any person as a

common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Article;

(ii) no conveyance is subject to forfeiture

under this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;

(iii) a forfeiture of a conveyance encumbered

by a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;

(D) all real property, including any right,

title, and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation of this Article or that is the proceeds of any violation or act that constitutes a violation of this Article.

(2) Property subject to forfeiture under this Article

may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer without process may be made:

(A) if the seizure is incident to a seizure

warrant;

(B) if the property subject to seizure has been

the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Article;

(C) if there is probable cause to believe that

the property is directly or indirectly dangerous to health or safety;

(D) if there is probable cause to believe that

the property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable; or

(E) in accordance with the Code of Criminal

Procedure of 1963.

(3) In the event of seizure pursuant to paragraph

(2), forfeiture proceedings shall be instituted in accordance with subsections (i) through (r).

(4) Property taken or detained under this Section

shall not be subject to replevin, but is deemed to be in the custody of the Director subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Article. When property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director. Upon receiving notice of seizure, the Director may:

(A) place the property under seal;             (B) remove the property to a place designated by

the Director;

(C) keep the property in the possession of the

seizing agency;

(D) remove the property to a storage area for

safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account;

(E) place the property under constructive seizure

by posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the property; or

(F) provide for another agency or custodian,

including an owner, secured party, or lienholder, to take custody of the property upon the terms and conditions set by the Director.

(5) When property is forfeited under this Article,

the Director shall sell all such property unless such property is required by law to be destroyed or is harmful to the public, and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with paragraph (6). However, upon the application of the seizing agency or prosecutor who was responsible for the investigation, arrest or arrests and prosecution which lead to the forfeiture, the Director may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws, if the agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in its enforcement efforts. When any real property returned to the seizing agency is sold by the agency or its unit of government, the proceeds of the sale shall be delivered to the Director and distributed in accordance with paragraph (6).

(6) All monies and the sale proceeds of all other

property forfeited and seized under this Article shall be distributed as follows:

(A) 65% shall be distributed to the metropolitan

enforcement group, local, municipal, county, or State law enforcement agency or agencies which conducted or participated in the investigation resulting in the forfeiture. The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based. Amounts distributed to the agency or agencies shall be used for the enforcement of laws.

(B)(i) 12.5% shall be distributed to the Office

of the State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws. In counties over 3,000,000 population, 25% shall be distributed to the Office of the State's Attorney for use in the enforcement of laws. If the prosecution is undertaken solely by the Attorney General, the portion provided hereunder shall be distributed to the Attorney General for use in the enforcement of laws.

(ii) 12.5% shall be distributed to the Office

of the State's Attorneys Appellate Prosecutor and deposited in the Narcotics Profit Forfeiture Fund of that office to be used for additional expenses incurred in the investigation, prosecution and appeal of cases arising under laws. The Office of the State's Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.

(C) 10% shall be retained by the Department of

State Police for expenses related to the administration and sale of seized and forfeited property.

(i) Notice to owner or interest holder.         (1) Whenever notice of pending forfeiture or service

of an in rem complaint is required under the provisions of this Article, such notice or service shall be given as follows:

(A) If the owner's or interest holder's name and

current address are known, then by either personal service or mailing a copy of the notice by certified mail, return receipt requested, to that address. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, then the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney of the change in address; or

(B) If the property seized is a conveyance, to

the address reflected in the office of the agency or official in which title or interest to the conveyance is required by law to be recorded, then by mailing a copy of the notice by certified mail, return receipt requested, to that address; or

(C) If the owner's or interest holder's address

is not known, and is not on record as provided in paragraph (B), then by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.

(2) Notice served under this Article is effective

upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.

(j) Notice to State's Attorney. The law enforcement

agency seizing property for forfeiture under this Article shall, within 90 days after seizure, notify the State's Attorney for the county, either where an act or omission giving rise to the forfeiture occurred or where the property was seized, of the seizure of the property and the facts and circumstances giving rise to the seizure and shall provide the State's Attorney with the inventory of the property and its estimated value. When the property seized for forfeiture is a vehicle, the law enforcement agency seizing the property shall immediately notify the Secretary of State that forfeiture proceedings are pending regarding such vehicle.

(k) Non‑judicial forfeiture. If non‑real property that

exceeds $20,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of this Article, the State's Attorney shall institute judicial in rem forfeiture proceedings as described in subsection (l) of this Section within 45 days from receipt of notice of seizure from the seizing agency under subsection (j) of this Section. However, if non‑real property that does not exceed $20,000 in value excluding the value of any conveyance is seized, the following procedure shall be used:

(1) If, after review of the facts surrounding the

seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then within 45 days after the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending forfeiture to be given to the owner of the property and all known interest holders of the property in accordance with subsection (i) of this Section.

(2) The notice of pending forfeiture must include a

description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.

(3)(A) Any person claiming an interest in property

which is the subject of notice under paragraph (1) of this subsection (k), must, in order to preserve any rights or claims to the property, within 45 days after the effective date of notice as described in subsection (i) of this Section, file a verified claim with the State's Attorney expressing his or her interest in the property. The claim must set forth:

(i) the caption of the proceedings as set forth

on the notice of pending forfeiture and the name of the claimant;

(ii) the address at which the claimant will

accept mail;

(iii) the nature and extent of the claimant's

interest in the property;

(iv) the date, identity of the transferor, and

circumstances of the claimant's acquisition of the interest in the property;

(v) the name and address of all other persons

known to have an interest in the property;

(vi) the specific provision of law relied on in

asserting the property is not subject to forfeiture;

(vii) all essential facts supporting each

assertion; and

(viii) the relief sought.         (B) If a claimant files the claim and deposits with

the State's Attorney a cost bond, in the form of a cashier's check payable to the clerk of the court, in the sum of 10% of the reasonable value of the property as alleged by the State's Attorney or the sum of $100, whichever is greater, upon condition that, in the case of forfeiture, the claimant must pay all costs and expenses of forfeiture proceedings, then the State's Attorney shall institute judicial in rem forfeiture proceedings and deposit the cost bond with the clerk of the court as described in subsection (l) of this Section within 45 days after receipt of the claim and cost bond. In lieu of a cost bond, a person claiming interest in the seized property may file, under penalty of perjury, an indigency affidavit which has been approved by a circuit court judge.

(C) If none of the seized property is forfeited in

the judicial in rem proceeding, the clerk of the court shall return to the claimant, unless the court orders otherwise, 90% of the sum which has been deposited and shall retain as costs 10% of the money deposited. If any of the seized property is forfeited under the judicial forfeiture proceeding, the clerk of the court shall transfer 90% of the sum which has been deposited to the State's Attorney prosecuting the civil forfeiture to be applied to the costs of prosecution and the clerk shall retain as costs 10% of the sum deposited.

(4) If no claim is filed or bond given within the 45

day period as described in paragraph (3) of this subsection (k), the State's Attorney shall declare the property forfeited and shall promptly notify the owner and all known interest holders of the property and the Director of State Police of the declaration of forfeiture and the Director shall dispose of the property in accordance with law.

(l) Judicial in rem procedures. If property seized under

the provisions of this Article is non‑real property that exceeds $20,000 in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim and a cost bond under paragraph (3) of subsection (k) of this Section, the following judicial in rem procedures shall apply:

(1) If, after a review of the facts surrounding the

seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then within 45 days of the receipt of notice of seizure by the seizing agency or the filing of the claim and cost bond, whichever is later, the State's Attorney shall institute judicial forfeiture proceedings by filing a verified complaint for forfeiture and, if the claimant has filed a claim and cost bond, by depositing the cost bond with the clerk of the court. When authorized by law, a forfeiture must be ordered by a court on an action in rem brought by a State's Attorney under a verified complaint for forfeiture.

(2) During the probable cause portion of the judicial

in rem proceeding wherein the State presents its case‑in‑chief, the court must receive and consider, among other things, all relevant hearsay evidence and information. The laws of evidence relating to civil actions apply to all other portions of the judicial in rem proceeding.

(3) Only an owner of or interest holder in the

property may file an answer asserting a claim against the property in the action in rem. For purposes of this Section, the owner or interest holder shall be referred to as claimant. Upon motion of the State, the court shall first hold a hearing, wherein any claimant must establish by a preponderance of the evidence, that he or she has a lawful, legitimate ownership interest in the property and that it was obtained through a lawful source.

(4) The answer must be signed by the owner or

interest holder under penalty of perjury and must set forth:

(A) the caption of the proceedings as set forth

on the notice of pending forfeiture and the name of the claimant;

(B) the address at which the claimant will accept

mail;

(C) the nature and extent of the claimant's

interest in the property;

(D) the date, identity of transferor, and

circumstances of the claimant's acquisition of the interest in the property;

(E) the name and address of all other persons

known to have an interest in the property;

(F) all essential facts supporting each

assertion; and

(G) the precise relief sought.         (5) The answer must be filed with the court within 45

days after service of the civil in rem complaint.

(6) The hearing must be held within 60 days after

filing of the answer unless continued for good cause.

(7) The State shall show the existence of probable

cause for forfeiture of the property. If the State shows probable cause, the claimant has the burden of showing by a preponderance of the evidence that the claimant's interest in the property is not subject to forfeiture.

(8) If the State does not show existence of probable

cause, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property forfeited to the State. If the State does show existence of probable cause, the court shall order all property forfeited to the State.

(9) A defendant convicted in any criminal proceeding

is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible.

(10) An acquittal or dismissal in a criminal

proceeding does not preclude civil proceedings under this Article; however, for good cause shown, on a motion by the State's Attorney, the court may stay civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a money laundering violation. Such a stay shall not be available pending an appeal. Property subject to forfeiture under this Article shall not be subject to return or release by a court exercising jurisdiction over a criminal case involving the seizure of such property unless such return or release is consented to by the State's Attorney.

(11) All property declared forfeited under this

Article vests in this State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any such property or proceeds subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited.

(12) A civil action under this Article must be

commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known or 5 years after the forfeitable property is discovered, whichever is later, excluding any time during which either the property or claimant is out of the State or in confinement or during which criminal proceedings relating to the same conduct are in progress.

(m) Stay of time periods. If property is seized for

evidence and for forfeiture, the time periods for instituting judicial and non‑judicial forfeiture proceedings shall not begin until the property is no longer necessary for evidence.

(n) Settlement of claims. Notwithstanding other

provisions of this Article, the State's Attorney and a claimant of seized property may enter into an agreed‑upon settlement concerning the seized property in such an amount and upon such terms as are set out in writing in a settlement agreement.

(o) Property constituting attorney fees. Nothing in this

Article applies to property which constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in the forfeiture proceeding or criminal proceeding relating directly thereto where such property was paid before its seizure, before the issuance of any seizure warrant or court order prohibiting transfer of the property and where the attorney, at the time he or she received the property did not know that it was property subject to forfeiture under this Article.

(p) Construction. It is the intent of the General

Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their remedial purpose. The forfeiture of property and other remedies hereunder shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law.

(q) Judicial review. If property has been declared

forfeited under subsection (k) of this Section, any person who has an interest in the property declared forfeited may, within 30 days after the effective date of the notice of the declaration of forfeiture, file a claim and cost bond as described in paragraph (3) of subsection (k) of this Section. If a claim and cost bond is filed under this Section, then the procedures described in subsection (l) of this Section apply.

(r) Burden of proof of exemption or exception. It is not

necessary for the State to negate any exemption or exception in this Article in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption or exception is upon the person claiming it.

(s) Review of administrative decisions. All

administrative findings, rulings, final determinations, findings, and conclusions of the State's Attorney's Office under this Article are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to the provisions of the Administrative Review Law and the rules adopted pursuant to that Law. Pending final decision on such review, the administrative acts, orders, and rulings of the State's Attorney's Office remain in full force and effect unless modified or suspended by order of court pending final judicial decision. Pending final decision on such review, the acts, orders, and rulings of the State's Attorney's Office remain in full force and effect, unless stayed by order of court. However, no stay of any decision of the administrative agency shall issue unless the person aggrieved by the decision establishes by a preponderance of the evidence that good cause exists for the stay. In determining good cause, the court shall find that the aggrieved party has established a substantial likelihood of prevailing on the merits and that granting the stay will not have an injurious effect on the general public.

(Source: P.A. 93‑520, eff. 8‑6‑03; 94‑364, eff. 7‑29‑05; 94‑556, eff. 9‑11‑05; 94‑955, eff. 6‑27‑06.)

      (720 ILCS 5/Art. 29C heading)
ARTICLE 29C. INTERNATIONAL TERRORISM
(Repealed by P.A. 92‑854, eff. 12‑5‑02)

(720 ILCS 5/29C‑5)     Sec. 29C‑5. (Repealed). (Source: P.A. 89‑515, eff. 1‑1‑97. Repealed by P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29C‑10)     Sec. 29C‑10. (Repealed). (Source: P.A. 89‑515, eff. 1‑1‑97. Repealed by P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29C‑15)     Sec. 29C‑15. (Repealed). (Source: P.A. 89‑515, eff. 1‑1‑97. Repealed by P.A. 92‑854, eff. 12‑5‑02.)

      (720 ILCS 5/Art. 29D heading)
ARTICLE 29D. TERRORISM

(720 ILCS 5/29D‑5)     Sec. 29D‑5. Legislative findings. The devastating consequences of the barbaric attacks on the World Trade Center and the Pentagon on September 11, 2001 underscore the compelling need for legislation that is specifically designed to combat the evils of terrorism. Terrorism is inconsistent with civilized society and cannot be tolerated.     A comprehensive State law is urgently needed to complement federal laws in the fight against terrorism and to better protect all citizens against terrorist acts. Accordingly, the legislature finds that our laws must be strengthened to ensure that terrorists, as well as those who solicit or provide financial and other support to terrorists, are prosecuted and punished in State courts with appropriate severity. The legislature further finds that due to the grave nature and global reach of terrorism that a comprehensive law encompassing State criminal statutes and strong civil remedies is needed.     An investigation may not be initiated or continued for activities protected by the First Amendment to the United States Constitution, including expressions of support or the provision of financial support for the nonviolent political, religious, philosophical, or ideological goals or beliefs of any person or group. (Source: P.A. 92‑854, eff. 12‑5‑02.)

    (720 ILCS 5/29D‑10)
    Sec. 29D‑10. Definitions. As used in this Article, where not otherwise distinctly expressed or manifestly incompatible with the intent of this Article:
    (a) "Computer network" means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data among them through communication facilities.
    (b) "Computer" means a device that accepts, processes, stores, retrieves, or outputs data, and includes, but is not limited to, auxiliary storage and telecommunications devices.
    (c) "Computer program" means a series of coded instruction or statements in a form acceptable to a computer which causes the computer to process data and supply the results of data processing.
    (d) "Data" means representations of information, knowledge, facts, concepts or instructions, including program documentation, that are prepared in a formalized manner and are stored or processed in or transmitted by a computer. Data may be in any form, including but not limited to magnetic or optical storage media, punch cards, or data stored internally in the memory of a computer.
    (e) "Biological products used in or in connection with agricultural production" includes, but is not limited to, seeds, plants, and DNA of plants or animals altered for use in crop or livestock breeding or production or which are sold, intended, designed, or produced for use in crop production or livestock breeding or production.
    (f) "Agricultural products" means crops and livestock.
    (g) "Agricultural production" means the breeding and growing of livestock and crops.
    (g‑5) "Animal feed" means an article that is intended for use for food for animals other than humans and that is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal.
    (g‑10) "Contagious or infectious disease" means a specific disease designated by the Illinois Department of Agriculture as contagious or infectious under rules pertaining to the Illinois Diseased Animals Act.
    (g‑15) "Processed food" means any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration, or milling.
    (g‑20) "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.
    (g‑25) "Endangering the food supply" means to knowingly:
        (1) bring into this State any domestic animal that

is affected with any contagious or infectious disease or any animal that has been exposed to any contagious or infectious disease;

(2) expose any animal in this State to any contagious

or infectious disease;

(3) deliver any poultry that is infected with any

contagious or infectious disease to any poultry producer pursuant to a production contract;

(4) except as permitted under the Insect Pest and

Plant Disease Act, bring or release into this State any insect pest or expose any plant to an insect pest; or

(5) expose any raw agricultural commodity, animal

feed, or processed food to any contaminant or contagious or infectious disease.

"Endangering the food supply" does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.     (g‑30) "Endangering the water supply" means to knowingly contaminate a public or private water well or water reservoir or any water supply of a public utility or tamper with the production of bottled or packaged water or tamper with bottled or packaged water at a retail or wholesale mercantile establishment. "Endangering the water supply" does not include contamination of a public or private well or water reservoir or any water supply of a public utility that may occur inadvertently as part of the operation of a public utility or electrical generating station.     (h) "Livestock" means animals bred or raised for human consumption.     (i) "Crops" means plants raised for: (1) human consumption, (2) fruits that are intended for human consumption, (3) consumption by livestock, and (4) fruits that are intended for consumption by livestock.     (j) "Communications systems" means any works, property, or material of any radio, telegraph, telephone, microwave, or cable line, station, or system.     (k) "Substantial damage" means monetary damage greater than $100,000.     (l) "Terrorist act" or "act of terrorism" means: (1) any act that is intended to cause or create a risk and does cause or create a risk of death or great bodily harm to one or more persons; (2) any act that disables or destroys the usefulness or operation of any communications system; (3) any act or any series of 2 or more acts committed in furtherance of a single intention, scheme, or design that disables or destroys the usefulness or operation of a computer network, computers, computer programs, or data used by any industry, by any class of business, or by 5 or more businesses or by the federal government, State government, any unit of local government, a public utility, a manufacturer of pharmaceuticals, a national defense contractor, or a manufacturer of chemical or biological products used in or in connection with agricultural production; (4) any act that disables or causes substantial damage to or destruction of any structure or facility used in or used in connection with ground, air, or water transportation; the production or distribution of electricity, gas, oil, or other fuel (except for acts that occur inadvertently and as the result of operation of the facility that produces or distributes electricity, gas, oil, or other fuel); the treatment of sewage or the treatment or distribution of water; or controlling the flow of any body of water; (5) any act that causes substantial damage to or destruction of livestock or to crops or a series of 2 or more acts committed in furtherance of a single intention, scheme, or design which, in the aggregate, causes substantial damage to or destruction of livestock or crops; (6) any act that causes substantial damage to or destruction of any hospital or any building or facility used by the federal government, State government, any unit of local government or by a national defense contractor or by a public utility, a manufacturer of pharmaceuticals, a manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; (7) any act that causes substantial damage to any building containing 5 or more businesses of any type or to any building in which 10 or more people reside; (8) endangering the food supply; or (9) endangering the water supply.     (m) "Terrorist" and "terrorist organization" means any person who engages or is about to engage in a terrorist act with the intent to intimidate or coerce a significant portion of a civilian population.     (n) "Material support or resources" means currency or other financial securities, financial services, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, any other kind of physical assets or intangible property, and expert services or expert assistance.     (o) "Person" has the meaning given in Section 2‑15 of this Code and, in addition to that meaning, includes, without limitation, any charitable organization, whether incorporated or unincorporated, any professional fund raiser, professional solicitor, limited liability company, association, joint stock company, association, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose, and any officer, director, partner, member, or agent of any person.     (p) "Render criminal assistance" means to do any of the following with the intent to prevent, hinder, or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he or she knows or believes has committed an offense under this Article or is being sought by law enforcement officials for the commission of an offense under this Article, or with the intent to assist a person in profiting or benefiting from the commission of an offense under this Article:         (1) harbor or conceal the person;         (2) warn the person of impending discovery or

apprehension;

(3) provide the person with money, transportation, a

weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension;

(4) prevent or obstruct, by means of force,

intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;

(5) suppress, by any act of concealment, alteration,

or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;

(6) aid the person to protect or expeditiously

profit from an advantage derived from the crime; or

(7) provide expert services or expert assistance to

the person. Providing expert services or expert assistance shall not be construed to apply to: (1) a licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights and (2) a licensed medical doctor who provides emergency medical treatment to a person whom he or she believes has committed an offense under this Article if, as soon as reasonably practicable either before or after providing such treatment, he or she notifies a law enforcement agency.

(Source: P.A. 94‑68, eff. 6‑22‑05.)

(720 ILCS 5/29D‑15)     Sec. 29D‑15. Soliciting material support for terrorism; providing material support for a terrorist act.     (a) A person is guilty of soliciting material support for terrorism if he or she knowingly raises, solicits, or collects material support or resources knowing that the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism as defined in Section 29D‑30 or causing a catastrophe as defined in Section 20.5‑5 (720 ILCS 5/20.5‑5) of this Code, or who knows and intends that the material support or resources so raised, solicited, or collected will be used in the commission of a terrorist act as defined in Section 29D‑10(1) of this Code by an organization designated under 8 U.S.C. 1189, as amended. It is not an element of the offense that the defendant actually knows that an organization has been designated under 8 U.S.C. 1189, as amended.     (b) A person is guilty of providing material support for terrorism if he or she knowingly provides material support or resources to a person knowing that the person will use that support or those resources in whole or in part to plan, prepare, carry out, facilitate, or to avoid apprehension for committing terrorism as defined in Section 29D‑30 or to cause a catastrophe as defined in Section 20.5‑5 (720 ILCS 5/20.5‑5) of this Code.     (c) Sentence. Soliciting material support for terrorism is a Class X felony for which the sentence shall be a term of imprisonment of no less than 9 years and no more than 40 years. Providing material support for a terrorist act is a Class X felony for which the sentence shall be a term of imprisonment of no less than 9 years and no more than 40 years. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑20)     Sec. 29D‑20. Making a terrorist threat.     (a) A person is guilty of making a terrorist threat when, with the intent to intimidate or coerce a significant portion of a civilian population, he or she in any manner knowingly threatens to commit or threatens to cause the commission of a terrorist act as defined in Section 29D‑10(1) and thereby causes a reasonable expectation or fear of the imminent commission of a terrorist act as defined in Section 29D‑10(1) or of another terrorist act as defined in Section 29D‑10(1).     (b) It is not a defense to a prosecution under this Section that at the time the defendant made the terrorist threat, unknown to the defendant, it was impossible to carry out the threat, nor is it a defense that the threat was not made to a person who was a subject or intended victim of the threatened act.     (c) Sentence. Making a terrorist threat is a Class X felony. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑25)     Sec. 29D‑25. Falsely making a terrorist threat.     (a) A person is guilty of falsely making a terrorist threat when in any manner he or she knowingly makes a threat to commit or cause to be committed a terrorist act as defined in Section 29D‑10(1) or otherwise knowingly creates the impression or belief that a terrorist act is about to be or has been committed, or in any manner knowingly makes a threat to commit or cause to be committed a catastrophe as defined in Section 20.5‑5 (720 ILCS 5/20.5‑5) of this Code which he or she knows is false.     (b) Sentence. Falsely making a terrorist threat is a Class 1 felony. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑30)     Sec. 29D‑30. Terrorism.     (a) A person is guilty of terrorism when, with the intent to intimidate or coerce a significant portion of a civilian population:         (1) he or she knowingly commits a terrorist act as

defined in Section 29D‑10(1) of this Code within this State; or

(2) he or she, while outside this State, knowingly

commits a terrorist act as defined in Section 29D‑10(1) of this Code that takes effect within this State or produces substantial detrimental effects within this State.

(b) Sentence. Terrorism is a Class X felony. If no deaths are caused by the terrorist act, the sentence shall be a term of 20 years to natural life imprisonment; however, if the terrorist act caused the death of one or more persons, a mandatory term of natural life imprisonment shall be the sentence in the event the death penalty is not imposed. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑35)     Sec. 29D‑35. Hindering prosecution of terrorism.     (a) A person is guilty of hindering prosecution of terrorism when he or she renders criminal assistance to a person who has committed terrorism as defined in Section 29D‑30 or caused a catastrophe, as defined in Section 20.5‑5 of this Code when he or she knows that the person to whom he or she rendered criminal assistance engaged in an act of terrorism or caused a catastrophe.     (b) Hindering prosecution of terrorism is a Class X felony, the sentence for which shall be a term of 20 years to natural life imprisonment if no death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance and a mandatory term of natural life imprisonment if death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑40)     Sec. 29D‑40. Restitution. In addition to any other penalty that may be imposed, a court shall sentence any person convicted of any violation of this Article to pay all expenses incurred by the federal government, State government, or any unit of local government in responding to any violation and cleaning up following any violation. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑45)     Sec. 29D‑45. Limitations. A prosecution for any offense in this Article may be commenced at any time. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑60)     Sec. 29D‑60. Injunctive relief. Whenever it appears to the Attorney General or any State's Attorney that any person is engaged in, or is about to engage in, any act that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may initiate a civil action in the circuit court to enjoin the violation. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑65)     Sec. 29D‑65. Asset freeze, seizure, and forfeiture.     (a) Asset freeze, seizure, and forfeiture in connection with a violation of this Article.         (1) Whenever it appears that there is probable cause

to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze or seize all the assets of that person and, upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order to freeze or seize all assets of that person. A copy of the freeze or seize order shall be served upon the person whose assets have been frozen or seized and that person or any person claiming an interest in the property may, at any time within 30 days of service, file a motion to release his or her assets. Within 10 days that person is entitled to a hearing. In any proceeding to release assets, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was using, is about to use, or is intending to use any property in any way that constitutes or would constitute a violation of this Article. If the court finds that any property was being used, is about to be used, or is intended to be used in violation of or in any way that would constitute a violation of this Article, the court shall order such property frozen or held until further order of the court. Any property so ordered held or frozen shall be subject to forfeiture under the following procedure. Upon the request of the defendant, the court may release frozen or seized assets sufficient to pay attorney's fees for representation of the defendant at a hearing conducted under this Section.

(2) If, within 60 days after any seizure or asset

freeze under subparagraph (1) of this Section, a person having any property interest in the seized or frozen property is charged with an offense, the court which renders judgment upon the charge shall, within 30 days after the judgment, conduct a forfeiture hearing to determine whether the property was used, about to be used, or intended to be used in violation of this Article or in connection with any violation of this Article, or was integrally related to any violation or intended violation of this Article. The hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized or frozen property, a representation that written notice of the date, time, and place of the hearing has been mailed to every such person by certified mail at least 10 days before the date, and a request for forfeiture. Every such person may appear as a party and present evidence at the hearing. The quantum of proof required shall be preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized or frozen property was used, about to be used, or intended to be used in violation of this Article or in connection with any violation of this Article, or was integrally related to any violation or intended violation of this Article, an order of forfeiture and disposition of the seized or frozen money and property shall be entered. All property forfeited may be liquidated and the resultant money together with any money forfeited shall be allocated among the participating law enforcement agencies in such proportions as may be determined to be equitable by the court entering the forfeiture order, any such property so forfeited shall be received by the State's Attorney or Attorney General and upon liquidation shall be allocated among the participating law enforcement agencies in such proportions as may be determined equitable by the court entering the forfeiture order.

(3) If a seizure or asset freeze under subparagraph

(1) of this subsection (a) is not followed by a charge under this Article within 60 days, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction or a judgment of acquittal is entered, the State's Attorney or Attorney General shall immediately commence an in rem proceeding for the forfeiture of any seized money or other things of value, or both, in the circuit court and any person having any property interest in the money or property may commence separate civil proceedings in the manner provided by law. Any property so forfeited shall be allocated among the participating law enforcement agencies in such proportions as may be determined to be equitable by the court entering the forfeiture order.

(b) Forfeiture of property acquired in connection with a violation of this Article.         (1) Any person who commits any offense under this

Article shall forfeit, according to the provisions of this Section, any moneys, profits, or proceeds, and any interest or property in which the sentencing court determines he or she has acquired or maintained, directly or indirectly, in whole or in part, as a result of, or used, was about to be used, or was intended to be used in connection with the offense. The person shall also forfeit any interest in, security, claim against, or contractual right of any kind which affords the person a source of influence over any enterprise which he or she has established, operated, controlled, conducted, or participated in conducting, where his or her relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit which he or she has obtained or acquired through an offense under this Article or which he or she used, about to use, or intended to use in connection with any offense under this Article. Forfeiture under this Section may be pursued in addition to or in lieu of proceeding under subsection (a) of this Section.

(2) Proceedings instituted under this subsection

shall be subject to and conducted in accordance with the following procedures:

(A) The sentencing court shall, upon petition by

the prosecuting agency, whether it is the Attorney General or the State's Attorney, at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this subsection. At the forfeiture hearing the People of the State of Illinois shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture.

(B) In any action brought by the People of the

State of Illinois under this Section, the court shall have jurisdiction to enter such restraining orders, injunctions, or prohibitions, or to take such other action in connection with any real, personal, or mixed property, or other interest, subject to forfeiture, as it shall consider proper.

(C) In any action brought by the People of the

State of Illinois under this subsection in which any restraining order, injunction, or prohibition or any other action in connection with any property or interest subject to forfeiture under this subsection is sought, the circuit court presiding over the trial of the person or persons charged with a violation under this Article shall first determine whether there is probable cause to believe that the person or persons so charged have committed an offense under this Article and whether the property or interest is subject to forfeiture under this subsection. In order to make this determination, prior to entering any such order, the court shall conduct a hearing without a jury in which the People shall establish: (i) probable cause that the person or persons so charged have committed an offense under this Article; and (ii) probable cause that any property or interest may be subject to forfeiture under this subsection. The hearing may be conducted simultaneously with a preliminary hearing if the prosecution is commenced by information, or by motion of the People at any stage in the proceedings. The court may enter a finding of probable cause at a preliminary hearing following the filing of information charging a violation of this Article or the return of an indictment by a grand jury charging an offense under this Article as sufficient probable cause for purposes of this subsection. Upon such a finding, the circuit court shall enter such restraining order, injunction, or prohibition or shall take such other action in connection with any such property or other interest subject to forfeiture under this subsection as is necessary to ensure that the property is not removed from the jurisdiction of the court, concealed, destroyed, or otherwise disposed of by the owner or holder of that property or interest prior to a forfeiture hearing under this subsection. The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order, or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition, or other action. The court may release the property to the defendant for good cause shown and within the sound discretion of the court.

(D) Upon a conviction of a person under this

Article, the court shall authorize the Attorney General or State's Attorney to seize and sell all property or other interest declared forfeited under this Article, unless the property is required by law to be destroyed or is harmful to the public. The court may order the Attorney General or State's Attorney to segregate funds from the proceeds of the sale sufficient: (1) to satisfy any order of restitution, as the court may deem appropriate; (2) to satisfy any legal right, title, or interest which the court deems superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to forfeiture under this subsection; or (3) to satisfy any bona‑fide purchaser for value of the right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture. Following the entry of an order of forfeiture, the Attorney General or State's Attorney shall publish notice of the order and his or her intent to dispose of the property. Within 30 days following the publication, any person may petition the court to adjudicate the validity of his or her alleged interest in the property. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute the proceeds of the sale, along with any moneys forfeited or seized, among participating law enforcement agencies in such equitable portions as the court shall determine.

(E) No judge shall release any property or money

seized under subdivision (A) or (B) for the payment of attorney's fees of any person claiming an interest in such money or property.

(c) Exemptions from forfeiture. A property interest is exempt from forfeiture under this Section if its owner or interest holder establishes by a preponderance of evidence that the owner or interest holder:         (A)(i) in the case of personal property, is not

legally accountable for the conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur, or

(ii) in the case of real property, is not legally

accountable for the conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture; and

(B) had not acquired and did not stand to acquire

substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arms length commercial transaction; and

(C) with respect to conveyances, did not hold the

property jointly or in common with a person whose conduct gave rise to the forfeiture; and

(D) does not hold the property for the benefit of or

as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture; and

(E) that the owner or interest holder acquired the

interest:

(i) before the commencement of the conduct

giving rise to its forfeiture and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or

(ii) after the commencement of the conduct

giving rise to its forfeiture, and the owner or interest holder acquired the interest as a mortgagee, secured creditor, lien holder, or bona fide purchaser for value without knowledge of the conduct which gave rise to the forfeiture; and

(a) in the case of personal property,

without knowledge of the seizure of the property for forfeiture; or

(b) in the case of real estate, before the

filing in the office of the Recorder of Deeds of the county in which the real estate is located of a notice of seizure for forfeiture or a lis pendens notice.

(Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑70)     Sec. 29D‑70. Severability. If any clause, sentence, Section, provision, or part of this Article or the application thereof to any person or circumstance shall be adjudged to be unconstitutional, the remainder of this Article or its application to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. (Source: P.A. 92‑854, eff. 12‑5‑02.)