There is a newer version of the Illinois Compiled Statutes
2005 Illinois 720 ILCS 5/ Criminal Code of 1961. 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.)
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(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.)
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(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.)
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(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 | ||
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(i) for commission of a theft of wireless | ||
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(ii) to conceal or to assist another to conceal | ||
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(2) sells, possesses, distributes, gives, or | ||
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(i) any unlawful wireless device, or any plans | ||
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(ii) any material, including hardware, cables, | ||
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(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.)
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(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.)
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(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.)
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