State Codes and Statutes

Statutes > Illinois > Chapter720 > 1876 > 072000050HArt_16


      (720 ILCS 5/Art. 16 heading)
ARTICLE 16. THEFT AND RELATED OFFENSES

    (720 ILCS 5/16‑1)(from Ch. 38, par. 16‑1)
    Sec. 16‑1. Theft.
    (a) A person commits theft when he knowingly:
        (1) Obtains or exerts unauthorized control over
    property of the owner; or
        (2) Obtains by deception control over property of the
    owner; or
        (3) Obtains by threat control over property of the
    owner; or
        (4) Obtains control over stolen property knowing the
    property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; or
        (5) Obtains or exerts control over property in the
    custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen, and
            (A) Intends to deprive the owner permanently of
        the use or benefit of the property; or
            (B) Knowingly uses, conceals or abandons the
        property in such manner as to deprive the owner permanently of such use or benefit; or
            (C) Uses, conceals, or abandons the property
        knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
    (b) Sentence.
        (1) Theft of property not from the person and not
    exceeding $500 in value is a Class A misdemeanor.
        (1.1) Theft of property not from the person and not
    exceeding $500 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (2) A person who has been convicted of theft of
    property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4‑103, 4‑103.1, 4‑103.2, or 4‑103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 8 of the Illinois Credit Card and Debit Card Act 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.
        (3) (Blank).
        (4) Theft of property from the person not exceeding
    $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.
        (4.1) Theft of property from the person not exceeding
    $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (5) Theft of property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 2 felony.
        (5.1) Theft of property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6) Theft of property exceeding $100,000 and not
    exceeding $500,000 in value is a Class 1 felony.
        (6.1) Theft of property exceeding $100,000 in value
    is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6.2) Theft of property exceeding $500,000 and not
    exceeding $1,000,000 in value is a Class 1 non‑probationable felony.
        (6.3) Theft of property exceeding $1,000,000 in value
    is a Class X felony.
        (7) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older is a Class 2 felony.
        (8) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500.
        (9) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 2 felony if the rent payment or security deposit obtained exceeds $500 and does not exceed $10,000.
        (10) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.
        (11) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class X felony if the rent payment or security deposit obtained exceeds $100,000.
    (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 5/16‑1.1)(from Ch. 38, par. 16‑1.1)
    Sec. 16‑1.1. Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
(Source: P.A. 95‑857, eff. 1‑1‑09.)

    (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.)

    (720 ILCS 5/16‑1.3)(from Ch. 38, par. 16‑1.3)
    Sec. 16‑1.3. Financial exploitation of an elderly person or a person with a disability.
    (a) A person commits the offense of financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
    Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
    (b) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age
     or older.
        (2) "Person with a disability" means a person who
     suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
        (3) "Intimidation" means the communication to an
     elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.
        (4) "Deception" means, in addition to its meaning as
     defined in Section 15‑4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre‑existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
    (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.)

    (720 ILCS 5/16‑7)(from Ch. 38, par. 16‑7)
    Sec. 16‑7. Unlawful use of recorded sounds or images.
    (a) A person commits unlawful use of recorded sounds or images when he:
        (1) Intentionally, knowingly or recklessly transfers
     or causes to be transferred without the consent of the owner, any sounds or images recorded on any sound or audio visual recording with the purpose of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred.
        (2) Intentionally, knowingly or recklessly sells,
     offers for sale, advertises for sale, uses or causes to be used for profit any such article described in subsection 16‑7(a)(1) without consent of the owner.
        (3) Intentionally, knowingly or recklessly offers or
     makes available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of Section 16‑8.
        (4) Intentionally, knowingly or recklessly transfers
     or causes to be transferred without the consent of the owner, any live performance with the purpose of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.
    (b) As used in this Section and Section 16‑8:
        (1) "Person" means any individual, partnership,
     corporation, association or other entity.
        (2) "Owner" means the person who owns the master
     sound recording on which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance.
        (3) "Sound or audio visual recording" means any
     sound or audio visual phonograph record, disc, pre‑recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.
        (4) "Master sound recording" means the original
     physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
        (5) "Unidentified sound or audio visual recording"
     means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.
        (6) "Manufacturer" means the person who actually
     makes or causes to be made a sound or audio visual recording. The term manufacturer does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
    (c) Unlawful use of recorded sounds or images is a Class 4 felony; however:
        (1) If the offense involves more than 100 but not
     exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and
        (2) If the offense involves more than 1,000
     unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.
    (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.)

    (720 ILCS 5/16‑8)(from Ch. 38, par. 16‑8)
    Sec. 16‑8. Unlawful use of unidentified sound or audio visual recordings.
    (a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, advertises or offers for sale, sells, distributes, transports, vends, circulates, per

State Codes and Statutes

Statutes > Illinois > Chapter720 > 1876 > 072000050HArt_16


      (720 ILCS 5/Art. 16 heading)
ARTICLE 16. THEFT AND RELATED OFFENSES

    (720 ILCS 5/16‑1)(from Ch. 38, par. 16‑1)
    Sec. 16‑1. Theft.
    (a) A person commits theft when he knowingly:
        (1) Obtains or exerts unauthorized control over
    property of the owner; or
        (2) Obtains by deception control over property of the
    owner; or
        (3) Obtains by threat control over property of the
    owner; or
        (4) Obtains control over stolen property knowing the
    property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; or
        (5) Obtains or exerts control over property in the
    custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen, and
            (A) Intends to deprive the owner permanently of
        the use or benefit of the property; or
            (B) Knowingly uses, conceals or abandons the
        property in such manner as to deprive the owner permanently of such use or benefit; or
            (C) Uses, conceals, or abandons the property
        knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
    (b) Sentence.
        (1) Theft of property not from the person and not
    exceeding $500 in value is a Class A misdemeanor.
        (1.1) Theft of property not from the person and not
    exceeding $500 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (2) A person who has been convicted of theft of
    property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4‑103, 4‑103.1, 4‑103.2, or 4‑103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 8 of the Illinois Credit Card and Debit Card Act 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.
        (3) (Blank).
        (4) Theft of property from the person not exceeding
    $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.
        (4.1) Theft of property from the person not exceeding
    $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (5) Theft of property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 2 felony.
        (5.1) Theft of property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6) Theft of property exceeding $100,000 and not
    exceeding $500,000 in value is a Class 1 felony.
        (6.1) Theft of property exceeding $100,000 in value
    is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6.2) Theft of property exceeding $500,000 and not
    exceeding $1,000,000 in value is a Class 1 non‑probationable felony.
        (6.3) Theft of property exceeding $1,000,000 in value
    is a Class X felony.
        (7) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older is a Class 2 felony.
        (8) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500.
        (9) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 2 felony if the rent payment or security deposit obtained exceeds $500 and does not exceed $10,000.
        (10) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.
        (11) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class X felony if the rent payment or security deposit obtained exceeds $100,000.
    (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 5/16‑1.1)(from Ch. 38, par. 16‑1.1)
    Sec. 16‑1.1. Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
(Source: P.A. 95‑857, eff. 1‑1‑09.)

    (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.)

    (720 ILCS 5/16‑1.3)(from Ch. 38, par. 16‑1.3)
    Sec. 16‑1.3. Financial exploitation of an elderly person or a person with a disability.
    (a) A person commits the offense of financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
    Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
    (b) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age
     or older.
        (2) "Person with a disability" means a person who
     suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
        (3) "Intimidation" means the communication to an
     elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.
        (4) "Deception" means, in addition to its meaning as
     defined in Section 15‑4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre‑existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
    (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.)

    (720 ILCS 5/16‑7)(from Ch. 38, par. 16‑7)
    Sec. 16‑7. Unlawful use of recorded sounds or images.
    (a) A person commits unlawful use of recorded sounds or images when he:
        (1) Intentionally, knowingly or recklessly transfers
     or causes to be transferred without the consent of the owner, any sounds or images recorded on any sound or audio visual recording with the purpose of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred.
        (2) Intentionally, knowingly or recklessly sells,
     offers for sale, advertises for sale, uses or causes to be used for profit any such article described in subsection 16‑7(a)(1) without consent of the owner.
        (3) Intentionally, knowingly or recklessly offers or
     makes available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of Section 16‑8.
        (4) Intentionally, knowingly or recklessly transfers
     or causes to be transferred without the consent of the owner, any live performance with the purpose of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.
    (b) As used in this Section and Section 16‑8:
        (1) "Person" means any individual, partnership,
     corporation, association or other entity.
        (2) "Owner" means the person who owns the master
     sound recording on which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance.
        (3) "Sound or audio visual recording" means any
     sound or audio visual phonograph record, disc, pre‑recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.
        (4) "Master sound recording" means the original
     physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
        (5) "Unidentified sound or audio visual recording"
     means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.
        (6) "Manufacturer" means the person who actually
     makes or causes to be made a sound or audio visual recording. The term manufacturer does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
    (c) Unlawful use of recorded sounds or images is a Class 4 felony; however:
        (1) If the offense involves more than 100 but not
     exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and
        (2) If the offense involves more than 1,000
     unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.
    (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.)

    (720 ILCS 5/16‑8)(from Ch. 38, par. 16‑8)
    Sec. 16‑8. Unlawful use of unidentified sound or audio visual recordings.
    (a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, advertises or offers for sale, sells, distributes, transports, vends, circulates, per

State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Illinois > Chapter720 > 1876 > 072000050HArt_16


      (720 ILCS 5/Art. 16 heading)
ARTICLE 16. THEFT AND RELATED OFFENSES

    (720 ILCS 5/16‑1)(from Ch. 38, par. 16‑1)
    Sec. 16‑1. Theft.
    (a) A person commits theft when he knowingly:
        (1) Obtains or exerts unauthorized control over
    property of the owner; or
        (2) Obtains by deception control over property of the
    owner; or
        (3) Obtains by threat control over property of the
    owner; or
        (4) Obtains control over stolen property knowing the
    property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; or
        (5) Obtains or exerts control over property in the
    custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen, and
            (A) Intends to deprive the owner permanently of
        the use or benefit of the property; or
            (B) Knowingly uses, conceals or abandons the
        property in such manner as to deprive the owner permanently of such use or benefit; or
            (C) Uses, conceals, or abandons the property
        knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
    (b) Sentence.
        (1) Theft of property not from the person and not
    exceeding $500 in value is a Class A misdemeanor.
        (1.1) Theft of property not from the person and not
    exceeding $500 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (2) A person who has been convicted of theft of
    property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4‑103, 4‑103.1, 4‑103.2, or 4‑103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 8 of the Illinois Credit Card and Debit Card Act 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.
        (3) (Blank).
        (4) Theft of property from the person not exceeding
    $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.
        (4.1) Theft of property from the person not exceeding
    $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (5) Theft of property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 2 felony.
        (5.1) Theft of property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6) Theft of property exceeding $100,000 and not
    exceeding $500,000 in value is a Class 1 felony.
        (6.1) Theft of property exceeding $100,000 in value
    is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6.2) Theft of property exceeding $500,000 and not
    exceeding $1,000,000 in value is a Class 1 non‑probationable felony.
        (6.3) Theft of property exceeding $1,000,000 in value
    is a Class X felony.
        (7) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older is a Class 2 felony.
        (8) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500.
        (9) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 2 felony if the rent payment or security deposit obtained exceeds $500 and does not exceed $10,000.
        (10) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.
        (11) Theft by deception, as described by paragraph
    (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class X felony if the rent payment or security deposit obtained exceeds $100,000.
    (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 5/16‑1.1)(from Ch. 38, par. 16‑1.1)
    Sec. 16‑1.1. Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
(Source: P.A. 95‑857, eff. 1‑1‑09.)

    (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.)

    (720 ILCS 5/16‑1.3)(from Ch. 38, par. 16‑1.3)
    Sec. 16‑1.3. Financial exploitation of an elderly person or a person with a disability.
    (a) A person commits the offense of financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
    Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
    (b) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age
     or older.
        (2) "Person with a disability" means a person who
     suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
        (3) "Intimidation" means the communication to an
     elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.
        (4) "Deception" means, in addition to its meaning as
     defined in Section 15‑4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre‑existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
    (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.)

    (720 ILCS 5/16‑7)(from Ch. 38, par. 16‑7)
    Sec. 16‑7. Unlawful use of recorded sounds or images.
    (a) A person commits unlawful use of recorded sounds or images when he:
        (1) Intentionally, knowingly or recklessly transfers
     or causes to be transferred without the consent of the owner, any sounds or images recorded on any sound or audio visual recording with the purpose of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred.
        (2) Intentionally, knowingly or recklessly sells,
     offers for sale, advertises for sale, uses or causes to be used for profit any such article described in subsection 16‑7(a)(1) without consent of the owner.
        (3) Intentionally, knowingly or recklessly offers or
     makes available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of Section 16‑8.
        (4) Intentionally, knowingly or recklessly transfers
     or causes to be transferred without the consent of the owner, any live performance with the purpose of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.
    (b) As used in this Section and Section 16‑8:
        (1) "Person" means any individual, partnership,
     corporation, association or other entity.
        (2) "Owner" means the person who owns the master
     sound recording on which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance.
        (3) "Sound or audio visual recording" means any
     sound or audio visual phonograph record, disc, pre‑recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.
        (4) "Master sound recording" means the original
     physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
        (5) "Unidentified sound or audio visual recording"
     means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.
        (6) "Manufacturer" means the person who actually
     makes or causes to be made a sound or audio visual recording. The term manufacturer does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
    (c) Unlawful use of recorded sounds or images is a Class 4 felony; however:
        (1) If the offense involves more than 100 but not
     exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and
        (2) If the offense involves more than 1,000
     unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.
    (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.)

    (720 ILCS 5/16‑8)(from Ch. 38, par. 16‑8)
    Sec. 16‑8. Unlawful use of unidentified sound or audio visual recordings.
    (a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, advertises or offers for sale, sells, distributes, transports, vends, circulates, per

Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.