There is a newer version of the Illinois Compiled Statutes
2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 16 - Theft and Related Offenses
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(2) Obtains by deception control over property of | ||
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(3) Obtains by threat control over property of the | ||
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(4) Obtains control over stolen property knowing the | ||
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(5) Obtains or exerts control over property in the | ||
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(A) Intends to deprive the owner permanently of | ||
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(B) Knowingly uses, conceals or abandons the | ||
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(C) Uses, conceals, or abandons the property | ||
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(b) Sentence.
(1) Theft of property not from the person and not | ||
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(1.1) Theft of property not from the person and not | ||
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(2) A person who has been convicted of theft of | ||
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(3) (Blank).
(4) Theft of property from the person not exceeding | ||
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(4.1) Theft of property from the person not | ||
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(5) Theft of property exceeding $10,000 and not | ||
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(5.1) Theft of property exceeding $10,000 and not | ||
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(6) Theft of property exceeding $100,000 and not | ||
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(6.1) Theft of property exceeding $100,000 in value | ||
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(6.2) Theft of property exceeding $500,000 in value | ||
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(7) Theft by deception, as described by paragraph | ||
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) "Person with a disability" means a person who | ||
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(3) "Intimidation" means the communication to an | ||
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(4) "Deception" means, in addition to its meaning as | ||
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) Intentionally, knowingly or recklessly sells, | ||
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(3) Intentionally, knowingly or recklessly offers or | ||
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(4) Intentionally, knowingly or recklessly transfers | ||
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(b) As used in this Section and Section 16‑8:
(1) "Person" means any individual, partnership, | ||
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(2) "Owner" means the person who owns the master | ||
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(3) "Sound or audio visual recording" means any | ||
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(4) "Master sound recording" means the original | ||
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(5) "Unidentified sound or audio visual recording" | ||
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(6) "Manufacturer" means the person who actually | ||
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(c) Unlawful use of recorded sounds or images is a Class
4 felony; however:
(1) If the offense involves more than 100 but not | ||
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(2) If the offense involves more than 1,000 | ||
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(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.)
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(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 | ||
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(2) If the offense involves more than 1,000 | ||
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) Not being entitled to the possession of not less | ||
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(3) Not being entitled to the possession of not less | ||
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(4) Not being entitled to the possession of not less | ||
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(5) Not being entitled to the possession of more | ||
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(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 | ||
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(2) A person who violates paragraph (2) of | ||
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(3) A person who violates paragraph (3) of | ||
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(4) A person who violates paragraph (4) of | ||
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(5) A person who violates paragraph (5) of | ||
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(Source: P.A. 91‑544, eff. 1‑1‑00.)
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(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.)
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(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 | ||
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(2) any communication device which is capable of, or | ||
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"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.)
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(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 | ||
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(B) to conceal or to assist another to conceal from | ||
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(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 | ||
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(B) material, including hardware, cables, tools, | ||
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(Source: P.A. 92‑728, eff. 1‑1‑03.)
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(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 | ||
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(2) the violation of Section 16‑19 involves at least | ||
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(3) a person engages in conduct identified in | ||
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(c) An offense under Section 16‑19 is a Class 3 felony if:
(1) the defendant has been convicted previously on 2 | ||
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(2) the violation of Section 16‑19 involves more | ||
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(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.)
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(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 | ||
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(2) at any time while an action is pending, order | ||
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(3) award damages as described in subsection (c);
(4) in its discretion, award reasonable attorney's | ||
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(5) as part of a final judgment or decree finding a | ||
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(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 | ||
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(2) Upon election by the complaining party at any | ||
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(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.)
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