(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.)
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