|
(A) Intends to deprive the owner permanently of the |
use or
benefit of the property; or
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(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.
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(b) Sentence.
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(1) Theft of property not from the person and
not |
exceeding $300 in value is a Class A misdemeanor.
|
(1.1) Theft of property not from the person and
not |
exceeding $300 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 |
property not from the
person and not exceeding
$300 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).
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(4) Theft of property from the person not exceeding |
$300 in value, or
theft of
property exceeding $300 and not |
exceeding $10,000 in value, is a
Class 3 felony.
|
(4.1) Theft of property from the person not exceeding |
$300 in value, or
theft of property exceeding $300 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.
|
(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. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
|
(720 ILCS 5/16H-60)
|
Sec. 16H-60. Sentence.
|
(a) A financial crime, the full value of which does not |
exceed $300, is
a Class A misdemeanor.
|
(b) A person who has been convicted of a financial crime, |
the full
value of which does not exceed $300, and who has been |
previously
convicted of a financial crime or 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 such prior
conviction, the |
information or indictment charging that person shall state
such |
prior conviction so as to give notice of the State's intention |
to treat
the
charge as a felony. The fact of such prior |
conviction is not an element of the
offense and may not be |
disclosed to the jury during trial unless otherwise
permitted |
by issues properly raised during such trial.
|
(c) A financial crime, the full value of which exceeds $300 |
but does
not exceed $10,000, is a Class 3 felony. When a charge |
of financial crime,
the full value of which exceeds $300 but |
does not exceed $10,000, is
brought, the value of the financial |
crime involved is an element of the
offense to be resolved by |
the trier of fact as either exceeding or not
exceeding $300.
|
(d) A financial crime, the full value of which exceeds |
$10,000 but
does not exceed $100,000, is a Class 2 felony. When |
a charge of financial
crime, the full value of which exceeds |
$10,000 but does not exceed
$100,000, is brought, the value of |
the financial crime involved is an element
of the offense to be |
resolved by the trier of fact as either exceeding or not
|
exceeding $10,000.
|
(e) A financial crime, the full value of which exceeds |
$100,000, is a Class
1 felony.
When a charge of financial |
crime, the full value of which exceeds $100,000,
is brought, |
the value of the financial crime involved is an element of the
|
offense to be resolved by the trier of fact as either exceeding |
or not
exceeding $100,000.
|
|
(f) A financial crime which is a financial institution |
robbery is a
Class 1 felony.
|
(g) A financial crime which is a continuing financial |
crimes
enterprise is a Class 1 felony.
|
(h) A financial crime which is the offense of being an |
organizer of a
continuing financial crimes enterprise is a |
Class X felony.
|
(i) (Blank). Notwithstanding any other provisions of this |
Section, a
financial crime which is loan fraud in connection |
with a loan secured by
residential real estate is a Class 4 |
felony.
|
(Source: P.A. 93-440, eff. 8-5-03.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|