(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.)
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