Statutes > Illinois Statutes > CHAPTER 720 CRIMINAL OFFENSES > 720 ILCS 5/ Criminal Code of 1961. > Part C - Offenses Directed Against Property

Part C - Offenses Directed Against Property


      (720 ILCS 5/Tit. III Pt. C heading)
PART C. OFFENSES DIRECTED AGAINST PROPERTY


      (720 ILCS 5/Art. 15 heading)
ARTICLE 15. DEFINITIONS

    (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.)

    (720 ILCS 5/15‑10)
    Sec. 15‑10. Governmental property. As used in this Part C, "governmental property" means funds or other property owned by the State, a unit of local government, or a school district.
(Source: P.A. 94‑134, eff. 1‑1‑06.)


      (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.