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HB4170 Engrossed |
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LRB096 02005 RLC 12016 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 16G-20 as follows:
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| (720 ILCS 5/16G-20)
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| Sec. 16G-20. Aggravated identity theft.
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| (a) A person commits the offense of aggravated identity |
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| theft
when he or she commits the offense of identity theft as |
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| set forth
in subsection (a) of Section 16G-15: |
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| (1) against a person 60 years
of age or older or a |
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| disabled person as defined in Section 16-1.3 of this
Code; |
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| or |
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| (2) in furtherance of the activities of an organized |
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| gang.
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| For purposes of this Section, "organized gang" has the |
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| meaning ascribed to that term in Section 10 of the Illinois |
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| Streetgang Terrorism Omnibus Prevention Act.
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| (b) Knowledge shall be determined by an evaluation of all |
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| circumstances
surrounding the use of the other
person's |
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| identifying information or document.
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| (c) When a charge of aggravated identity theft of credit,
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| money,
goods, services, or other
property exceeding a specified |
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HB4170 Engrossed |
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LRB096 02005 RLC 12016 b |
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| value is brought the value of the credit, money,
goods, |
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| services, or other
property is an element of the offense to be |
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| resolved by the trier of fact as
either exceeding or not |
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| exceeding
the specified value.
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| (d) A defense to aggravated identity theft under paragraph |
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| (a)(1) does not exist
merely
because the accused
reasonably |
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| believed the victim to be a person less than 60 years of age.
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| (e) Sentence.
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| (1) Aggravated identity theft of credit, money, goods,
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| services,
or other property not exceeding
$300 in value is |
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| a Class 3 felony.
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| (2) Aggravated identity theft of credit, money, goods,
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| services,
or other property exceeding $300
and not |
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| exceeding $10,000 in value is a Class 2 felony.
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| (3) Aggravated identity theft of credit, money, goods,
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| services,
or other property exceeding $10,000 in value and |
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| not exceeding $100,000 in
value is a Class 1 felony.
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| (4) Aggravated identity theft of credit, money, goods,
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| services,
or other property exceeding
$100,000 in value is |
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| a Class X felony.
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| (4.5) A person convicted of aggravated identity theft |
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| for a violation of any offense enumerated in paragraphs (2) |
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| through (7) of subsection (a) of Section 16G-15 of this |
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| Code is guilty of a Class 2 felony.
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| (5) A person who has been previously convicted of |
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| aggravated
identity theft regardless of the
value of the |