There is a newer version of the Illinois Compiled Statutes
2010 Illinois Code
CHAPTER 720 CRIMINAL OFFENSES
720 ILCS 5/ Criminal Code of 1961.
Part C - Offenses Directed Against Property
(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.) |
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(2) Obtains by deception control over property of the | ||
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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 exceeding | ||
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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 and not | ||
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(6.3) Theft of property exceeding $1,000,000 in value | ||
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(7) Theft by deception, as described by paragraph (2) | ||
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(8) Theft by deception, as described by paragraph | ||
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(9) Theft by deception, as described by paragraph | ||
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(10) Theft by deception, as described by paragraph | ||
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(11) 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. 96‑496, eff. 1‑1‑10; 96‑534, eff. 8‑14‑09; 96‑1000, eff. 7‑2‑10; 96‑1301, eff. 1‑1‑11.) |
(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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(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. 95‑798, eff. 1‑1‑09.) |
(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.) |
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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. 95‑485, eff. 1‑1‑08 .) |
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(2) If the offense involves more than 1,000 | ||
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(c) Each and every individual manufacture, advertisement or offer for sale, sale, distribution, transportation, vending, circulation, performance, lease, or possession for such purposes, an unidentified sound or audio visual recording constitutes a separate violation of this Section. (c‑5) Upon conviction of any violation of this Section, the offender shall be sentenced to make restitution to any owner or lawful producer of a master sound or audio visual recording, or to the trade association representing such owner or lawful producer, that has suffered injury resulting from the crime. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized sound or audio visual recordings corresponding to the non‑conforming recorded devices involved in the offense, and shall include investigative costs relating to the offense. (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. 95‑485, eff. 1‑1‑08.) |
(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 5/16‑15) (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 | ||
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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.) |
(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 | ||
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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.) |
(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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(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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(4) the defendant at the time of the commission of | ||
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(5) the defendant at the time of the commission of | ||
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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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(3) the defendant at the time of the commission of | ||
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(4) the defendant at the time of the commission of | ||
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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. 96‑497, eff. 1‑1‑10.) |
(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.) |
(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‑2.3) (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‑2.7) (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‑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 | ||
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(ii) an amount not less than $100 nor more than | ||
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(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 5/16B‑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 5/16C‑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 5/16D‑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.) |
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(2) Accesses or causes to be accessed a computer or | ||
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(3) Accesses or causes to be accessed a computer or | ||
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(4) Inserts or attempts to insert a "program" into a | ||
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(5) Falsifies or forges electronic mail transmission | ||
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(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. (a‑10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a computer's owner if: (1) the owner authorizes patrons, customers, or | ||
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(2) the owner authorizes the public to access the | ||
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(b) Sentence. (1) A person who commits the offense of computer | ||
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(2) A person who commits the offense of computer | ||
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(3) A person who commits the offense of computer | ||
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(4) If the injury arises from the transmission of | ||
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(5) If the injury arises from the transmission of | ||
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(6) The provisions of this Section shall not be | ||
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(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. 95‑326, eff. 1‑1‑08; 96‑1000, eff. 7‑2‑10.) |
(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.) |
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"Computer" means an electronic device which performs | ||
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"Computer contaminant" means any data, information, | ||
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"Computer contaminant" includes, without limitation: | ||
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"Data" means a representation in any form of | ||
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"Encryption" means the use of any protective or | ||
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"Network" means a set of related, remotely connected | ||
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"Program" means an ordered set of data representing | ||
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"System" means a set of related equipment, whether or | ||
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(b) A person shall not knowingly use or attempt to use | ||
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(1) commit, facilitate, further, or promote any | ||
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(2) aid, assist, or encourage another person to | ||
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(3) conceal evidence of the commission of any | ||
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(4) conceal or protect the identity of a person who | ||
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(c) Telecommunications carriers and information service providers are not liable under this Section, except for willful and wanton misconduct, for providing encryption services used by others in violation of this Section. (d) Sentence. A person who violates this Section is | ||
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(e) A person who violates this Section commits a criminal | ||
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(Source: P.A. 95‑942, eff. 1‑1‑09.) |
(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 5/16E‑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 | ||
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(2) Sells, or offers for sale, a container of | ||
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(3) Defaces, obliterates, destroys, covers up or | ||
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(4) Removes the container of another person from the | ||
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(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 5/16F‑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 | ||
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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.) |
(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 5/16G‑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.) |
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(5) A person's Social Security number; (6) A person's public, private, or government | ||
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(7) The maiden name of a person's mother; (8) The number assigned to a person's depository | ||
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(9) The number assigned to a person's credit or | ||
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(10) Personal identification numbers; (11) Electronic identification numbers; (12) Digital signals; (12.5) User names, passwords, and any other word, | ||
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(13) Any other numbers or information which can be | ||
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(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, | ||
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(A) Obtaining money, cash refund or credit | ||
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(B) Certifying or guaranteeing to a person or | ||
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(C) Providing the device holder access to a | ||
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(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑38, eff. 6‑16‑05; 94‑1008, eff. 7‑5‑06.) |
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(2) apply to a peace officer of this State, or of the | ||
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(3) prohibit a person from being charged with, | ||
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(c) Sentence. A person who violates this Section is | ||
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(Source: P.A. 94‑38, eff. 6‑16‑05.) |
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(2) uses any personal identification information or | ||
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(3) obtains, records, possesses, sells, transfers, | ||
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(4) uses, obtains, records, possesses, sells, | ||
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(5) uses, transfers, or possesses document‑making | ||
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(6) uses any personal identification information or | ||
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(7) uses any personal identification information or | ||
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(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 | ||
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(A) Identity theft of credit, money, goods, | ||
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(B) Identity theft of credit, money, goods, | ||
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(C) Identity theft of credit, money, goods, | ||
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(D) Identity theft of credit, money, goods, | ||
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(E) Identity theft of credit, money, goods, | ||
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(2) A person convicted of any offense enumerated in | ||
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(3) A person convicted of any offense enumerated in | ||
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(4) A person who, within a 12 month period, is found | ||
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(5) A person convicted of identity theft in violation | ||
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(Source: P.A. 94‑39, eff. 6‑16‑05; 94‑827, eff. 1‑1‑07; 94‑1008, eff. 7‑5‑06; 95‑60, eff. 1‑1‑08; 95‑331, eff. 8‑21‑07.) |
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(2) in furtherance of the activities of an organized | ||
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For purposes of this Section, "organized gang" has the meaning ascribed to that term in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (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 under paragraph (a)(1) 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, | ||
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(2) Aggravated identity theft of credit, money, | ||
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(3) Aggravated identity theft of credit, money, | ||
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(4) Aggravated identity theft of credit, money, | ||
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(4.1) Aggravated identity theft for a violation of | ||
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(4.2) Aggravated identity theft when a person who, | ||
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(5) A person who has been previously convicted of | ||
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(Source: P.A. 95‑199, eff. 8‑16‑07; 96‑243, eff. 8‑11‑09.) |
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(2) apply to a peace officer of this State, or of the | ||
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(3) prohibit a licensed private detective or licensed | ||
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(4) apply to activities authorized under any other | ||
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(b) No criminal prosecution or civil action brought under | ||
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(Source: P.A. 94‑1008, eff. 7‑5‑06.) |
(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‑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, | ||
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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 | ||
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(2) with respect to the other persons within the | ||
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(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‑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.) |
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(ii) An "account holder" is any person having a | ||
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(iii) To act with the "intent to defraud" means to | ||
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(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, | ||
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(b) Being an officer, manager or other person | ||
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(c) He or she knowingly makes or directs another to | ||
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(d) With intent to obtain control over property or to | ||
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(e) He or she issues or delivers a check or other | ||
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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 (a) or (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. 96‑1432, eff. 1‑1‑11.) |
(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.) |
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(4) the evidence presented to the State's Attorney | ||
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(5) the offender's criminal history; and (6) the reason the check was dishonored by the | ||
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(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 | ||
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(ii) make full restitution for the offense; (iii) pay a per‑check administrative fee as set | ||
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(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 or for use in the enforcement and prosecution of criminal laws. 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 | ||
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(2) (A) Each private entity that has a contract | ||
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(B) The trust account shall be established in a | ||
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(C) Each private entity shall keep on file the | ||
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(3) The State's Attorney may cancel a contract | ||
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(A) Conviction of the private entity or the | ||
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(B) A determination that the private entity has | ||
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(4) The State's Attorney may determine whether the | ||
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(A) Using or threatening to use force or | ||
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(B) Threatening the seizure, attachment, or sale | ||
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(C) Disclosing or threatening to disclose | ||
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(D) Initiating or threatening to initiate | ||
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(E) Communicating with the offender or any | ||
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(i) Communicating with the offender or any | ||
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(ii) The threat of publication or | ||
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(iii) The threat of advertisement or | ||
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(iv) Causing a telephone to ring or engaging | ||
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(v) Using profane, obscene or abusive | ||
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(vi) Disclosing or threatening to | ||
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(vii) Disclosing or threatening to | ||
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(viii) Engaging in any conduct which the | ||
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(ix) Attempting or threatening to enforce a | ||
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(x) Except as authorized by the State's | ||
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(xi) Using any badge, uniform, or other | ||
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(xii) Except as authorized by the State's | ||
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(xiii) Misrepresenting the amount of the | ||
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(xiv) Except as authorized by the State's | ||
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(xv) Except as authorized by the State's | ||
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(xvi) Collecting or attempting to collect | ||
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(xvii) Communicating or threatening to | ||
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(xviii) Engaging in dishonorable, unethical, | ||
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(5) The State's Attorney shall audit the accounts of | ||
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(6) Any information obtained by a private entity | ||
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(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. 95‑41, eff. 1‑1‑08.) |
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(2) for a costume worn, or intended to be worn, by a | ||
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(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. (b‑10) No person may use, in the title of any organization, magazine, or other publication, the words "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", or "state police" in combination with the name of any state, state agency, public university, or unit of local government without the express written authorization of that state, state agency, or unit of local government. (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), (b‑5), or (b‑10) 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. 95‑331, eff. 8‑21‑07; 96‑328, eff. 8‑11‑09.) |
(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.) |
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(2) issues or delivers such document knowing it to | ||
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(3) possesses, with intent to issue or deliver, any | ||
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(4) unlawfully uses the digital signature, as | ||
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(5) unlawfully uses the signature device of another | ||
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(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 | ||
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(2) contacts or distributes information to affect | ||
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(3) takes any other action adverse to the crime | ||
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(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 5/17‑7) (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 5/17‑13) 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.) |
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(B) (i) transmits or causes to be transmitted | ||
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(ii) transmits or causes to be transmitted so | ||
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(iii) transmits or causes to be transmitted | ||
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any writings, signals, pictures, sounds, or electronic or | ||
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(2) A scheme or artifice to defraud using electronic | ||
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(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 | ||
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(B) for the purpose of executing such scheme or | ||
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(2) A scheme or artifice to defraud using a | ||
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(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 | ||
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(2) (Blank). (Source: P.A. 96‑1000, eff. 7‑2‑10.) |
(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, | ||
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(2) a reencoder to place information encoded on the | ||
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(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.) |
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(A) making a dividend except in the manner | ||
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(B) dividing, withdrawing or in any manner paying | ||
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(C) discounting or receiving any note or other | ||
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(D) receiving or discounting any note or other | ||
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(E) applying any portion of the funds of such | ||
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(2) being a director or officer of a corporation, he, | ||
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(A) issues, participates in issuing, or concurs | ||
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(B) sells, or agrees to sell, or is directly | ||
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(C) executes a scheme or attempts to execute a | ||
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(3) being a director or officer of a corporation, he | ||
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(A) causes or attempts to cause a corporation or | ||
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(B) causes or attempts to cause a corporation or | ||
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(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. 96‑1000, eff. 7‑2‑10.) |
(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, | ||
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(2) knowingly falsifies any writing or record | ||
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(3) knowingly misrepresents or refuses to disclose | ||
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(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 | ||
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(2) attempt to foil or defeat a drug or alcohol | ||
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(3) adulterate synthetic or human substances with the | ||
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(4) manufacture, sell, or possess adulterants that | ||
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(b) For the purpose of determining the intent of the | ||
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(c) Sentence. A violation of this Section is a Class 4 | ||
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(d) For the purposes of this Section, "drug or alcohol | ||
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(Source: P.A. 93‑691, eff. 7‑9‑04.) |
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"Female" means a person who is of the female gender. "Person with a disability" means a person who is a | ||
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"Disabled" means a severe physical or mental | ||
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"Minority owned business" means a business concern | ||
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"Female owned business" means a business concern that | ||
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"Business owned by a person with a disability" means | ||
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"Governmental unit" means the State, a unit of local | ||
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(b) In addition to any other penalties imposed by law or | ||
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(c) In addition to any other penalties authorized by law, | ||
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(Source: P.A. 94‑126, eff. 1‑1‑06; 94‑863, eff. 6‑16‑06.) |
(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 5/17B‑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 | ||
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(2) In addition, Public Act 88‑680 was entitled "An | ||
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(3) On September 22, 1998, the Third District | ||
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(4) WIC fraud is a vital concern to the people of | ||
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(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 | ||
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(2) the total amount of money involved in the | ||
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(3) the total amount of money involved in the | ||
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(4) the total amount of money involved in the | ||
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(5) the total amount of money involved in the | ||
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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 | ||
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(2) the total amount of money involved in the | ||
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(3) the total amount of money involved in the | ||
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(4) the total amount of money involved in the | ||
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(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.) |
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(2) If the property subject to seizure has been the | ||
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(3) If there is probable cause to believe that the | ||
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(4) If there is probable cause to believe that the | ||
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(5) In accordance with the Code of Criminal | ||
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(d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (Source: P.A. 96‑712, eff. 1‑1‑10.) |
(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.) |
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(2) he or she carries on or about his or her person | ||
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(3) he or she, during the commission of the offense, | ||
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(4) he or she, during the commission of the offense, | ||
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(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.) |
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(2) a person under 16 years of age is a passenger in | ||
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(3) he or she carries on or about his or her person, | ||
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(4) he or she carries on or about his or her person | ||
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(5) he or she, during the commission of the offense, | ||
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(6) he or she, during the commission of the offense, | ||
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(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.) |
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"Motor vehicle" has the meaning ascribed to it in the | ||
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(b) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part of that property. (c) This Section does not apply to the sale or transfer of any item described in subsection (b) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor‑ICC Authorization Card. (d) Sentence. Unlawful sale of burglary tools is a Class 4 felony. (Source: P.A. 96‑1307, eff. 1‑1‑11.) |
(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 | ||
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(2) Criminal trespass to a residence under paragraph | ||
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(Source: P.A. 91‑895, eff. 7‑6‑00.) |
(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 5/20‑1.2) 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.) |
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(c) knowingly starts a fire on the land of another; | ||
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(d) knowingly injures a domestic animal of another | ||
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(e) knowingly deposits on the land or in the building | ||
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(f) damages any property, other than as described in | ||
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(g) knowingly shoots a firearm at any portion of a | ||
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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. It is an affirmative defense to a violation of item (a), (c), or (e) of this Section that the owner of the property or land damaged consented to such damage. (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. (4) In addition to any criminal penalties imposed for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed. (Source: P.A. 95‑553, eff. 6‑1‑08; 96‑529, eff. 8‑14‑09.) |
(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, | ||
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(2) A cemetery, mortuary, or other facility used for | ||
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(3) A school, educational facility or community | ||
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(4) The grounds adjacent to, and owned or rented by, | ||
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(5) Any personal property contained in any | ||
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(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 5/21‑1.4) 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 5/21‑2) (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.) |
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(2) enters upon the land of another, after receiving, | ||
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(3) remains upon the land of another, after receiving | ||
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(3.5) presents false documents or falsely represents | ||
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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 | ||
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(2) An enclosed area containing livestock. (3) An orchard. (4) A barn or other agricultural building containing | ||
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(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. (h) 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 subsection (a‑5) 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 (h): "Land" includes, but is not limited to, land used for | ||
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"Owner" means the person who has the right to | ||
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"Vehicle" has the same meaning as provided under | ||
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(Source: P.A. 94‑263, eff. 1‑1‑06; 94‑509, eff. 8‑9‑05; 94‑512, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07.) |
(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 | ||
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(b) Knowingly, by means of fire or explosive damages | ||
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(c) Knowingly starts a fire on property supported in | ||
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(d) Knowingly deposits on land or in a building | ||
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(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 5/21‑6) (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.) |
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(2) remains within the facility or on the grounds of | ||
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(3) enters or remains within a nuclear facility or on | ||
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(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 5/21‑10) 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 5/21.1‑1) (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.) |
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(1) Freedom of movement at such place; or (2) Use of the property or facilities of the | ||
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(3) The right of ingress or egress to the | ||
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(b) willfully impedes, obstructs, interferes with or | ||
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(1) the performance of institutional duties by a | ||
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(2) the pursuit of educational activities, as | ||
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(c) knowingly occupies or remains in or at any | ||
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(Source: P.A. 96‑807, eff. 1‑1‑10.) |
(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 5/21.3‑5) 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.) |
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(2) Carries or possesses with intent to use the same | ||
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(3) Carries on or about his person or in any vehicle, | ||
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(4) Carries or possesses in any vehicle or concealed | ||
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(i) are broken down in a non‑functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, | ||
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(5) Sets a spring gun; or (6) Possesses any device or attachment of any kind | ||
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(7) Sells, manufactures, purchases, possesses or | ||
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(i) a machine gun, which shall be defined for the | ||
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(ii) any rifle having one or more barrels less | ||
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(iii) any bomb, bomb‑shell, grenade, bottle or | ||
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(8) Carries or possesses any firearm, stun gun or | ||
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This subsection (a)(8) does not apply to any auction | ||
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(9) Carries or possesses in a vehicle or on or about | ||
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(10) Carries or possesses on or about his person, | ||
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(i) are broken down in a non‑functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, | ||
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A "stun gun or taser", as used in this paragraph (a) | ||
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(11) Sells, manufactures or purchases any explosive | ||
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(12) (Blank); or (13) Carries or possesses on or about his or her | ||
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(b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), subsection 24‑1(a)(11), or subsection 24‑1(a)(13) 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. 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 | ||
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(1.5) A person who violates subsection 24‑1(a)(4), | ||
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(2) A person who violates subsection 24‑1(a)(1), | ||
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(3) Paragraphs (1), (1.5), and (2) of this subsection | ||
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(4) For the purposes of this subsection (c), "school" | ||
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(5) For the purposes of this subsection (c), | ||
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(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. 95‑331, eff. 8‑21‑07; 95‑809, eff. 1‑1‑09; 95‑885, eff. 1‑1‑09; 96‑41, eff. 1‑1‑10; 96‑328, eff. 8‑11‑09; 96‑742, eff. 8‑25‑09; 96‑1000, eff. 7‑2‑10.) |
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(2) Discharges a firearm in the direction of another | ||
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(3) Discharges a firearm in the direction of a person | ||
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(4) Discharges a firearm in the direction of a | ||
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(5) Discharges a firearm in the direction of a person | ||
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(6) Discharges a firearm in the direction of a | ||
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(7) Discharges a firearm in the direction of a person | ||
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(8) Discharges a firearm in the direction of a person | ||
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(9) Discharges a firearm in the direction of a | ||
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(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.) |
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(2) Discharges a machine gun or a firearm equipped | ||
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(3) Discharges a machine gun or a firearm equipped | ||
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(4) Discharges a machine gun or a firearm equipped | ||
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(5) Discharges a machine gun or a firearm equipped | ||
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(6) Discharges a machine gun or a firearm equipped | ||
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(7) Discharges a machine gun or a firearm equipped | ||
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(8) Discharges a machine gun or a firearm equipped | ||
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(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.) |
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(2) Carries or possesses on or about his or her | ||
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(3) One of the following factors is present: (A) the firearm possessed was uncased, loaded and | ||
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(B) the firearm possessed was uncased, unloaded | ||
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(C) the person possessing the firearm has not | ||
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(D) the person possessing the weapon was | ||
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(E) the person possessing the weapon was engaged | ||
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(F) (blank); or (G) the person possessing the weapon had a order | ||
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(H) the person possessing the weapon was engaged | ||
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(I) the person possessing the weapon was under 21 | ||
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(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, | ||
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(d) Sentence. (1) Aggravated unlawful use of a weapon is a Class 4 | ||
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(2) Except as otherwise provided in paragraphs (3) | ||
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(3) Aggravated unlawful use of a weapon by a person | ||
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(4) Aggravated unlawful use of a weapon while wearing | ||
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(e) The possession of each firearm in violation of this | ||
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(Source: P.A. 95‑331, eff. 8‑21‑07; 96‑742, eff. 8‑25‑09; 96‑829, eff. 12‑3‑09; 96‑1107, eff. 1‑1‑11.) |
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(2) unlawful use of a weapon by a felon; aggravated | ||
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(3) any violation of the Illinois Controlled | ||
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(b) Sentence. Being an armed habitual criminal is a Class X felony. (Source: P.A. 94‑398, eff. 8‑2‑05.) |
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(2) possesses or carries in any vehicle a firearm | ||
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(b) Unlawful possession of a firearm by a street gang | ||
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(c) For purposes of this Section: "Street gang" or "gang" has the meaning ascribed to | ||
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"Street gang member" or "gang member" has the meaning | ||
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(Source: P.A. 96‑829, eff. 12‑3‑09.) |
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(2) Wardens, superintendents and keepers of prisons, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Special agents employed by a railroad or a public | ||
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(5) Persons licensed as private security contractors, | ||
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(6) Any person regularly employed in a commercial or | ||
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(7) Agents and investigators of the Illinois | ||
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(8) Persons employed by a financial institution for | ||
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(9) Any person employed by an armored car company to | ||
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(10) Persons who have been classified as peace | ||
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(11) Investigators of the Office of the State's | ||
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(12) Special investigators appointed by a State's | ||
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(12.5) Probation officers while in the performance of | ||
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(13) Court Security Officers while in the performance | ||
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(13.5) A person employed as an armed security guard | ||
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(14) Manufacture, transportation, or sale of weapons | ||
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(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 | ||
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(2) Duly authorized military or civil organizations | ||
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(3) Hunters, trappers or fishermen with a license or | ||
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(4) Transportation of weapons that are broken down in | ||
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(5) Carrying or possessing any pistol, revolver, stun | ||
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(c) Subsection 24‑1(a)(7) does not apply to or affect any of the following: (1) Peace officers while in performance of their | ||
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(2) Wardens, superintendents and keepers of prisons, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Manufacture, transportation, or sale of machine | ||
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(5) Persons licensed under federal law to manufacture | ||
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During transportation, such weapons shall be broken | ||
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(6) The manufacture, transport, testing, delivery, | ||
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The exemption granted under this subdivision (c)(6) | ||
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During transportation, any such weapon shall be | ||
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(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 | ||
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(2) Bonafide collectors of antique or surplus | ||
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(3) Laboratories having a department of forensic | ||
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(4) Commerce, preparation, assembly or possession of | ||
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(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. (g‑6) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3‑14‑1.5 of the Unified Code of Corrections. (g‑10) Subsections 24‑1(a)(4), 24‑1(a)(8), and 24‑1(a)(10), and Sections 24‑1.6 and 24‑3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games. (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. 95‑331, eff. 8‑21‑07; 95‑613, eff. 9‑11‑07; 95‑885, eff. 1‑1‑09; 96‑7, eff. 4‑3‑09; 96‑230, eff. 1‑1‑10; 96‑742, eff. 8‑25‑09; 96‑1000, eff. 7‑2‑10.) |
(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, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Federal officials required to carry firearms, | ||
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(5) United States Marshals, while engaged in the | ||
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(6) Persons licensed under federal law to | ||
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This exemption does not authorize the general | ||
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(7) Laboratories having a department of forensic | ||
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(8) Manufacture, transportation, or sale of armor | ||
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(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.) |
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(b) Sells or gives any firearm to a person under 21 | ||
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(c) Sells or gives any firearm to any narcotic | ||
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(d) Sells or gives any firearm to any person who has | ||
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(e) Sells or gives any firearm to any person who has | ||
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(f) Sells or gives any firearms to any person who is | ||
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(g) Delivers any firearm of a size which may be | ||
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(h) While holding any license as a dealer, importer, | ||
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(i) Sells or gives a firearm of any size to any | ||
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(j) Sells or gives a firearm while engaged in the | ||
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A person "engaged in the business" means a person | ||
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"With the principal objective of livelihood and | ||
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(k) Sells or transfers ownership of a firearm to a | ||
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(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 | ||
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(2) Any person convicted of unlawful sale of | ||
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(3) Any person convicted of unlawful sale of | ||
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(4) Any person convicted of unlawful sale of | ||
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(5) Any person convicted of unlawful sale of | ||
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(6) Any person convicted of unlawful sale of | ||
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(7) Any person convicted of unlawful sale of firearms | ||
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(8) A person 18 years of age or older convicted of | ||
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(9) Any person convicted of unlawful sale of | ||
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(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. 95‑331, eff. 8‑21‑07; 95‑735, eff. 7‑16‑08; 96‑190, eff. 1‑1‑10.) |
(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 | ||
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(3) is guilty of a Class X felony for which the | ||
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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.) |
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(2) He is under 21 years of age, has been convicted | ||
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(3) He is a narcotic addict and has any firearms or | ||
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(4) He has been a patient in a mental hospital | ||
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(5) He is mentally retarded and has any firearms or | ||
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(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. (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; 95‑331, eff. 8‑21‑07.) |
(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, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Federal officials required to carry firearms, | ||
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(5) United States Marshals, while engaged in the | ||
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(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.) |
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(2) on which the transferee certifies that he or she | ||
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(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 | ||
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(A) is guilty of a Class 2 felony for purchasing | ||
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(B) is guilty of a Class 1 felony for purchasing | ||
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(C) is guilty of a Class X felony for which the | ||
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(2) In addition to any other penalty that may be | ||
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(f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense. (Source: P.A. 95‑882, eff. 1‑1‑09.) |
(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 | ||
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(2) placed in a securely locked box or container; or (3) placed in some other location that a reasonable | ||
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(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 | ||
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(2) to any firearm obtained by a minor under the age | ||
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(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.) |
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(ii) designed to prevent the handgun from being | ||
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(2) An integrated mechanical safety, disabling, or | ||
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(i) built into the handgun; and (ii) designed to prevent the handgun from being | ||
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(b) Sentence. A person who violates this Section is | ||
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(c) For the purposes of this Section, "handgun" has the | ||
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(d) This Section does not apply to: (1) the purchase, sale, or transportation of a | ||
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(i) personnel of any unit of the federal | ||
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(ii) members of the armed forces of the United | ||
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(iii) law enforcement personnel of the State or | ||
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(iv) an organization that is required by federal | ||
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(2) a firearm modified to be permanently inoperative; (3) the sale or transfer of a handgun by a federally | ||
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(4) the sale or transfer of a handgun by a federally | ||
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(5) an antique firearm. (Source: P.A. 94‑390, eff. 1‑1‑06.) |
(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 5/24.6‑5) 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.) |
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(2) the knowing assembly of 2 or more persons with | ||
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(3) the knowing assembly of 2 or more persons, | ||
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(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 that by violence inflicts 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. 96‑710, eff. 1‑1‑10.) |
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(2) he or she knowingly has direct or indirect | ||
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(3) he or she knowingly has direct or indirect | ||
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(4) he or she knowingly has direct or indirect | ||
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(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. 96‑710, eff. 1‑1‑10; incorporates P.A. 95‑45, eff. 1‑1‑08; 96‑1000, eff. 7‑2‑10.) |
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(2) Transmits or causes to be transmitted in any | ||
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(3) Transmits or causes to be transmitted in any | ||
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(4) Transmits or causes to be transmitted in any | ||
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(5) Enters upon the property of another and for a | ||
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(6) While acting as a collection agency as defined in | ||
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(7) Transmits or causes to be transmitted a false | ||
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(8) Transmits or causes to be transmitted a false | ||
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(9) Transmits or causes to be transmitted in any | ||
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(10) Transmits or causes to be transmitted a false | ||
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(11) Transmits or causes to be transmitted a false | ||
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(12) Calls the number "911" for the purpose of making | ||
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(13) Transmits or causes to be transmitted a threat | ||
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(b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) 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), (a)(9), (a)(12), or (a)(13) 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) or (a)(11) 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. (d) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 96‑339, eff. 7‑1‑10; 96‑413, eff. 8‑13‑09; 96‑772, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10; 96‑1261, eff. 1‑1‑11.) |
(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 | ||
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(2) Interference with emergency communication, where | ||
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(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.) |
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(2) The making of a video record or transmission of | ||
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(3) The making of a video record or transmission of | ||
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(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‑10), (a‑15), or | ||
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(2) A violation of subsection (a), (a‑5), or (a‑6) is | ||
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(3) A violation of subsection (a‑25) is a Class 3 | ||
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(4) A violation of subsection (a), (a‑5), (a‑6), | ||
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(5) A violation of subsection (a‑25) is a Class 2 | ||
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(e) For purposes of this Section: (1) "Residence" includes a rental dwelling, but does | ||
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(2) "Video record" means and includes any | ||
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(Source: P.A. 95‑178, eff. 8‑14‑07; 95‑265, eff. 1‑1‑08; 95‑876, eff. 8‑21‑08; 96‑416, eff. 1‑1‑10.) |
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(1.5) A person who knowingly owns a dog for fighting | ||
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(i) the dogfight is performed in the presence of | ||
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(ii) the dogfight is performed for the purpose of | ||
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(iii) the dogfight is performed in furtherance of | ||
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(1.7) A person convicted of violating subsection | ||
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(2) Any person convicted of violating subsection (d) | ||
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(2.5) Any person convicted of violating subsection | ||
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(3) Any person convicted of violating subsection (g) | ||
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(i‑5) A person who commits a felony violation of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (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. (p) For the purposes of this Section, "school" has the meaning ascribed to it in Section 11‑9.3 of this Code; and "public park", "playground", "child care institution", "day care center", "part day child care facility", "day care home", "group day care home", and "facility providing programs or services exclusively directed toward persons under 18 years of age" have the meanings ascribed to them in Section 11‑9.4 of this Code. (Source: P.A. 96‑226, eff. 8‑11‑09; 96‑712, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10; 96‑1091, eff. 1‑1‑11.) |
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(2) "Funeral site" means a church, synagogue, mosque, | ||
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(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 | ||
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(2) displays, with knowledge of the existence of a | ||
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(3) with knowledge of the existence of a funeral | ||
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(d) Disorderly conduct at a funeral or memorial service | ||
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(e) If any clause, sentence, section, provision, or part | ||
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(Source: P.A. 94‑772, eff. 5‑17‑06.) |
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(2) Makes a wager upon the result of any game, | ||
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(3) Operates, keeps, owns, uses, purchases, exhibits, | ||
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(4) Contracts to have or give himself or another the | ||
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(5) Knowingly owns or possesses any book, instrument | ||
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(6) Sells pools upon the result of any game or | ||
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(7) Sets up or promotes any lottery or sells, offers | ||
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(8) Sets up or promotes any policy game or sells, | ||
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(9) Knowingly drafts, prints or publishes any lottery | ||
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(10) Knowingly advertises any lottery or policy game, | ||
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(11) Knowingly transmits information as to wagers, | ||
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(12) Knowingly establishes, maintains, or operates an | ||
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(b) Participants in any of the following activities shall not be convicted of gambling therefor: (1) Agreements to compensate for loss caused by the | ||
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(2) Offers of prizes, award or compensation to the | ||
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(3) Pari‑mutuel betting as authorized by the law of | ||
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(4) Manufacture of gambling devices, including the | ||
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(5) The game commonly known as "bingo", when | ||
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(6) Lotteries when conducted by the State of Illinois | ||
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(6.1) The purchase of lottery tickets through the | ||
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(7) Possession of an antique slot machine that is | ||
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(8) Raffles when conducted in accordance with the | ||
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(9) Charitable games when conducted in accordance | ||
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(10) Pull tabs and jar games when conducted under the | ||
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(11) Gambling games conducted on riverboats when | ||
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(12) Video gaming terminal games at a licensed | ||
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(13) Games of skill or chance where money or other | ||
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(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. 96‑34, eff. 7‑13‑09; 96‑37, eff. 7‑13‑09; 96‑1203, eff. 7‑22‑10.) |
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(2) written "policy game" records, made or used over | ||
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(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 | ||
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(2) Offers of prizes, award or compensation to the | ||
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(3) Pari‑mutuel betting as authorized by law of this | ||
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(4) Manufacture of gambling devices, including the | ||
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(5) Raffles when conducted in accordance with the | ||
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(6) Gambling games conducted on riverboats when | ||
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(7) Video gaming terminal games at a licensed | ||
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(f) Sentence. Syndicated gambling is a Class 3 felony. (Source: P.A. 96‑34, eff. 7‑13‑09.) |
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(2) Vending machines by which full and adequate | ||
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(3) A crane game. For the purposes of this | ||
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(4) A redemption machine. For the purposes of this | ||
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(A) The outcome of the game is predominantly | ||
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(B) The award of the prize is based solely upon | ||
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(C) Only merchandise prizes are awarded. (D) The wholesale value of prizes awarded in | ||
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(E) The redemption value of tickets, tokens, and | ||
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(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. 95‑676, eff. 6‑1‑08 .) |
(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 5/29‑1) (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 5/29A‑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.) |
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(A) with the intent to promote the carrying on | ||
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(B) where he or she knows or reasonably should | ||
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(i) to conceal or disguise the nature, the | ||
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(ii) to avoid a transaction reporting | ||
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(1.5) when he or she transports, transmits, or | ||
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(A) with the intent to promote the carrying on of | ||
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(B) knowing, or having reason to know, that the | ||
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(i) to conceal or disguise the nature, the | ||
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(ii) to avoid a transaction reporting | ||
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(2) when, with the intent to: (A) promote the carrying on of a specified | ||
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(B) conceal or disguise the nature, location, | ||
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(C) avoid a transaction reporting requirement | ||
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he or she conducts or attempts to conduct a financial | ||
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(b) As used in this Section: (0.5) "Knowing that the property involved in a | ||
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(1) "Financial transaction" means a purchase, sale, | ||
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(2) "Financial institution" means any bank; saving | ||
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(3) "Monetary instrument" means United States coins | ||
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(4) "Criminally derived property" means: (A) any | ||
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(5) "Conduct" or "conducts" includes, in addition to | ||
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(6) "Specified criminal activity" means any violation | ||
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(7) "Director" means the Director of State Police or | ||
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(8) "Department" means the Department of State Police | ||
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(9) "Transaction reporting requirement under State | ||
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(c) Sentence. (1) Laundering of criminally derived property of a | ||
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(2) Laundering of criminally derived property of a | ||
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(3) Laundering of criminally derived property of a | ||
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(4) Money laundering in violation of subsection | ||
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(5) Laundering of criminally derived property of a | ||
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(6) In a prosecution under clause (a)(1.5)(B)(ii) of | ||
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(A) Laundering of property of a value not | ||
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(B) Laundering of property of a value exceeding | ||
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(C) Laundering of property of a value exceeding | ||
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(D) Laundering of property of a value exceeding | ||
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(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 | ||
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(2) A financial transaction was conducted or | ||
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(3) A falsely altered or completed written instrument | ||
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(4) A financial transaction was structured or | ||
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(5) A money transmitter, a person engaged in a trade | ||
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(6) The criminally derived property is transported or | ||
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(7) A person pays or receives substantially less than | ||
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(8) A person engages in a transaction involving one | ||
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(e) Duty to enforce this Article. (1) It is the duty of the Department of State Police, | ||
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(2) Any agent, officer, investigator, or peace | ||
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(f) Protective orders. (1) Upon application of the State, the court may | ||
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(A) upon the filing of an indictment, | ||
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(B) prior to the filing of such an indictment, | ||
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(i) there is probable cause to believe that | ||
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(ii) the need to preserve the availability of | ||
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Provided, however, that an order entered pursuant | ||
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(2) A temporary restraining order under this | ||
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(3) The court may receive and consider, at a hearing | ||
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(4) Order to repatriate and deposit. (A) In general. Pursuant to its authority to | ||
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(B) Failure to comply. Failure to comply with an | ||
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(g) Warrant of seizure. The State may request the | ||
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(h) Forfeiture. (1) The following are subject to forfeiture: (A) any property, real or personal, constituting, | ||
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(B) any of the person's property used, or | ||
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(C) all conveyances, including aircraft, vehicles | ||
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(i) no conveyance used by any person as a | ||
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(ii) no conveyance is subject to forfeiture | ||
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(iii) a forfeiture of a conveyance encumbered | ||
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(D) all real property, including any right, | ||
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(2) Property subject to forfeiture under this Article | ||
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(A) if the seizure is incident to a seizure | ||
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(B) if the property subject to seizure has been | ||
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(C) if there is probable cause to believe that | ||
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(D) if there is probable cause to believe that | ||
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(E) in accordance with the Code of Criminal | ||
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(3) In the event of seizure pursuant to paragraph | ||
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(4) Property taken or detained under this Section | ||
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(A) place the property under seal; (B) remove the property to a place designated by | ||
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(C) keep the property in the possession of the | ||
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(D) remove the property to a storage area for | ||
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(E) place the property under constructive seizure | ||
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(F) provide for another agency or custodian, | ||
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(5) When property is forfeited under this Article, | ||
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(6) All monies and the sale proceeds of all other | ||
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(A) 65% shall be distributed to the metropolitan | ||
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(B)(i) 12.5% shall be distributed to the Office | ||
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(ii) 12.5% shall be distributed to the Office | ||
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(C) 10% shall be retained by the Department of | ||
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Moneys and the sale proceeds distributed to the | ||
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(i) Notice to owner or interest holder. (1) Whenever notice of pending forfeiture or service | ||
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(A) If the owner's or interest holder's name and | ||
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(B) If the property seized is a conveyance, to | ||
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(C) If the owner's or interest holder's address | ||
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(2) Notice served under this Article is effective | ||
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(j) Notice to State's Attorney. The law enforcement | ||
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(k) Non‑judicial forfeiture. If non‑real property that | ||
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(1) If, after review of the facts surrounding the | ||
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(2) The notice of pending forfeiture must include a | ||
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(3)(A) Any person claiming an interest in property | ||
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(i) the caption of the proceedings as set forth | ||
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(ii) the address at which the claimant will | ||
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(iii) the nature and extent of the claimant's | ||
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(iv) the date, identity of the transferor, and | ||
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(v) the name and address of all other persons | ||
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(vi) the specific provision of law relied on in | ||
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(vii) all essential facts supporting each | ||
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(viii) the relief sought. (B) If a claimant files the claim and deposits with | ||
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(C) If none of the seized property is forfeited in | ||
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(4) If no claim is filed or bond given within the 45 | ||
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(l) Judicial in rem procedures. If property seized under | ||
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(1) If, after a review of the facts surrounding the | ||
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(2) During the probable cause portion of the judicial | ||
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(3) Only an owner of or interest holder in the | ||
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(4) The answer must be signed by the owner or | ||
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(A) the caption of the proceedings as set forth | ||
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(B) the address at which the claimant will accept | ||
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(C) the nature and extent of the claimant's | ||
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(D) the date, identity of transferor, and | ||
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(E) the name and address of all other persons | ||
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(F) all essential facts supporting each | ||
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(G) the precise relief sought. (5) The answer must be filed with the court within 45 | ||
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(6) The hearing must be held within 60 days after | ||
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(7) The State shall show the existence of probable | ||
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(8) If the State does not show existence of probable | ||
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(9) A defendant convicted in any criminal proceeding | ||
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(10) An acquittal or dismissal in a criminal | ||
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(11) All property declared forfeited under this | ||
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(12) A civil action under this Article must be | ||
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(m) Stay of time periods. If property is seized for | ||
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(n) Settlement of claims. Notwithstanding other | ||
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(o) Property constituting attorney fees. Nothing in this | ||
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(p) Construction. It is the intent of the General | ||
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(q) Judicial review. If property has been declared | ||
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(r) Burden of proof of exemption or exception. It is not | ||
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(s) Review of administrative decisions. All | ||
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(Source: P.A. 96‑275, eff. 8‑11‑09; 96‑710, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10; 96‑1234, eff. 7‑23‑10.) |
(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 5/29D‑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.) |
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(2) expose any animal in this State to any contagious | ||
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(3) deliver any poultry that is infected with any | ||
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(4) except as permitted under the Insect Pest and | ||
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(5) expose any raw agricultural commodity, animal | ||
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"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 | ||
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(3) provide the person with money, transportation, a | ||
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(4) prevent or obstruct, by means of force, | ||
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(5) suppress, by any act of concealment, alteration, | ||
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(6) aid the person to protect or expeditiously profit | ||
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(7) provide expert services or expert assistance to | ||
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(Source: P.A. 96‑1028, eff. 1‑1‑11.) |
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(2) he or she, while outside this State, knowingly | ||
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(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; if the terrorist act caused the death of one or more persons, however, a mandatory term of natural life imprisonment shall be the sentence if the death penalty is not imposed. (Source: P.A. 96‑710, eff. 1‑1‑10.) |
(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‑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.) |
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