Illinois Compiled Statutes 720 ILCS 5/16-1 – Theft
Current as of: 2024 | Check for updates
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(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over
(1) Obtains or exerts unauthorized control over
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property of the owner; or
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(2) Obtains by deception control over property of the
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owner; or
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(3) Obtains by threat control over property of the
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owner; or
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(4) Obtains control over stolen property knowing the
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property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
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(5) Obtains or exerts control over property in the
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custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
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(A) Intends to deprive the owner permanently of
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the use or benefit of the property; or
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(B) Knowingly uses, conceals or abandons the
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property in such manner as to deprive the owner permanently of such use or benefit; or
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(C) Uses, conceals, or abandons the property
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knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
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(b) Sentence.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-25, § Ill. Comp. Stat. 730 ILCS 5/5-4.5-30, § Ill. Comp. Stat. 730 ILCS 5/5-4.5-35 and § Ill. Comp. Stat. 730 ILCS 5/5-4.5-55
(1) Theft of property not from the person and not
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class X felony | between 6 and 30 years | up to $25,000 |
| Class 1 felony | between 4 and 15 years | up to $25,000 |
| Class 2 felony | between 3 and 7 years | up to $25,000 |
| Class A misdemeanor | up to 1 year | up to $2,500 |
Terms Used In Illinois Compiled Statutes 720 ILCS 5/16-1
- 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. See Illinois Compiled Statutes 720 ILCS 5/15-4 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- governmental property: means funds or other property owned by the State, a unit of local government, or a school district. See Illinois Compiled Statutes 720 ILCS 5/15-10
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- 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. See Illinois Compiled Statutes 720 ILCS 5/15-2
- Personal property: All property that is not real property.
- property: means anything of value. See Illinois Compiled Statutes 720 ILCS 5/15-1
- stolen property: means property over which control has been obtained by theft. See Illinois Compiled Statutes 720 ILCS 5/15-6
- 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. See Illinois Compiled Statutes 720 ILCS 5/15-5
(1) Theft of property not from the person and not
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exceeding $500 in value is a Class A misdemeanor.
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(1.1) Theft of property not from the person and not
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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.
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(2) A person who has been convicted of theft of
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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 17-36 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.
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(3) (Blank).
(4) Theft of property from the person not exceeding
(4) Theft of property from the person not exceeding
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$500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.
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(4.1) Theft of property from the person not exceeding
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$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.
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(5) Theft of property exceeding $10,000 and not
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exceeding $100,000 in value is a Class 2 felony.
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(5.1) Theft of property exceeding $10,000 and not
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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.
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(6) Theft of property exceeding $100,000 and not
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exceeding $500,000 in value is a Class 1 felony.
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(6.1) Theft of property exceeding $100,000 in value
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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.
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(6.2) Theft of property exceeding $500,000 and not
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exceeding $1,000,000 in value is a Class 1 non-probationable felony.
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(6.3) Theft of property exceeding $1,000,000 in value
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is a Class X felony.
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(7) Theft by deception, as described by paragraph (2)
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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 or a person with a disability is a Class 2 felony.
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(8) Theft by deception, as described by paragraph
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(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.
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(9) Theft by deception, as described by paragraph
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(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.
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(10) Theft by deception, as described by paragraph
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(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.
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(11) Theft by deception, as described by paragraph
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(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.
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(c) When a charge of theft of property exceeding a specified value is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
(d) 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.
(e) Permissive inference; evidence of intent that a person obtains by deception control over property. The trier of fact may infer that a person “knowingly obtains by deception control over property of the owner” when he or she 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 knowingly without good cause failed to substantially perform pursuant to the agreement after taking a down payment 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.
(f) Offender’s interest in the property.
(1) It is no defense to a charge of theft of property
(d) 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.
(e) Permissive inference; evidence of intent that a person obtains by deception control over property. The trier of fact may infer that a person “knowingly obtains by deception control over property of the owner” when he or she 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 knowingly without good cause failed to substantially perform pursuant to the agreement after taking a down payment 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.
(f) Offender’s interest in the property.
(1) It is no defense to a charge of theft of property
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that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.
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(2) Where the property involved is that of the
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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.
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