Public Act 094-0179
Public Act 0179 94TH GENERAL ASSEMBLY
|Public Act 094-0179
||LRB094 05282 RLC 35325 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Criminal Code of 1961 is amended by changing
Section 1-6 and by adding Article 16J as follows:
(720 ILCS 5/1-6)
(from Ch. 38, par. 1-6)
Place of trial.
Criminal actions shall be tried
in the county where the
offense was committed, except as otherwise provided
by law. The
State is not required to prove during trial that the alleged
offense occurred in any particular county in this State. When a
contests the place of trial under this Section, all
proceedings regarding this
issue shall be conducted under
Section 114-1 of the Code of Criminal Procedure
of 1963. All
objections of improper place of trial are waived by a defendant
unless made before trial.
(b) Assailant and Victim in Different Counties.
If a person committing an offense upon the person of
located in one county and his victim is located in
another county at the
time of the commission of the offense,
trial may be had in either of
(c) Death and Cause of Death in Different Places or
If cause of death is inflicted in one county and death
another county, the offender may be tried in either
county. If neither
the county in which the cause of death was
inflicted nor the county in which
death ensued are known before
trial, the offender may be tried in the county
where the body
(d) Offense Commenced Outside the State.
If the commission of an offense commenced outside the State
consummated within this State, the offender shall be tried
in the county
where the offense is consummated.
(e) Offenses Committed in Bordering Navigable Waters.
If an offense is committed on any of the navigable waters
on this State, the offender may be tried in any
county adjacent to such
(f) Offenses Committed while in Transit.
If an offense is committed upon any railroad car, vehicle,
or aircraft passing within this State, and it cannot
determined in which county the offense was
committed, the offender may
be tried in any county through
which such railroad car, vehicle,
watercraft or aircraft has
A person who commits theft of property may be tried in any
which he exerted control over such property.
A person who commits the offense of bigamy may be tried in
where the bigamous marriage or bigamous cohabitation
A person who commits the offense of kidnaping may be tried
county in which his victim has traveled or has been
confined during the
course of the offense.
A person who commits the offense of pandering may be tried
county in which the prostitution was practiced or in any
county in which
any act in furtherance of the offense shall
have been committed.
A person who commits the offense of treason may be tried in
(l) Criminal Defamation.
If criminal defamation is spoken, printed or written in one
and is received or circulated in another or other
counties, the offender
shall be tried in the county where the
defamation is spoken, printed or
written. If the defamation is
spoken, printed or written outside this
state, or the offender
resides outside this state, the offender may be
tried in any
county in this state in which the defamation was circulated
(m) Inchoate Offenses.
A person who commits an inchoate offense may be tried in
in which any act which is an element of the offense,
agreement in conspiracy, is committed.
(n) Accountability for Conduct of Another.
Where a person in one county solicits, aids, abets, agrees,
attempts to aid another in the planning or commission of an
another county, he may be tried for the offense in
(o) Child Abduction.
A person who commits the offense of child abduction may be
tried in any
county in which his victim has traveled, been
detained, concealed or
removed to during the course of the
offense. Notwithstanding the foregoing,
unless for good cause
shown, the preferred place of trial shall be the
county of the
residence of the lawful custodian.
(p) A person who commits the offense of narcotics
racketeering may be
tried in any county where cannabis or a
controlled substance which is the
basis for the charge of
narcotics racketeering was used; acquired;
distributed to, from or through; or any county where any act
was performed to further the use; acquisition, transfer or
said cannabis or controlled substance; any
money, property, property
interest, or any other asset
generated by narcotics activities was
acquired, used, sold,
transferred or distributed to, from or through; or,
enterprise interest obtained as a result of narcotics
acquired, used, transferred or distributed
to, from or through, or where
any activity was conducted by the
enterprise or any conduct to further the
interests of such an
(q) A person who commits the offense of money laundering
may be tried in
any county where any part of a financial
transaction in criminally derived
property took place or in any
county where any money or monetary instrument
which is the
basis for the offense was acquired, used, sold, transferred or
distributed to, from or through.
(r) A person who commits the offense of cannabis
controlled substance trafficking may be tried in
(s) A person who commits the offense of online sale of
stolen property, online theft by deception, or electronic
fencing may be tried in any county where any one or more
elements of the offense took place, regardless of whether the
element of the offense was the result of acts by the accused,
the victim or by another person, and regardless of whether the
defendant was ever physically present within the boundaries of
(Source: P.A. 89-288, eff. 8-11-95.)
(720 ILCS 5/Art. 16J heading new)
ONLINE PROPERTY OFFENSES
(720 ILCS 5/16J-5 new)
In this Article:
"Access" means to use, instruct, communicate with, store
in, retrieve or intercept data from, or otherwise utilize
of a computer.
"Computer" means a device that accepts, processes, stores,
or outputs data, and includes but is not limited to
auxiliary storage and
telecommunications devices connected to
"Internet" means an interactive computer service or system
information service, system, or access software provider
that provides or
enables computer access by multiple users to a
computer server, and includes,
but is not limited to, an
information service, system, or access software
provides access to a network system commonly known as the
Internet, or any comparable system or service and also
includes, but is not
limited to, a World Wide Web page,
newsgroup, message board, mailing list, or
chat area on any
interactive computer service or system or other online
"Online" means the use of any electronic or wireless device
to access the Internet.
(720 ILCS 5/16J-10 new)
Online sale of stolen property.
commits the offense of online sale of stolen property when he
or she uses or accesses the Internet with the intent of selling
property gained through unlawful means.
(720 ILCS 5/16J-15 new)
Online theft by deception.
A person commits
the offense of online theft by deception when he or she uses
the Internet to purchase or attempt to purchase property from a
seller with a mode of payment that he or she knows is
fictitious, stolen, or lacking the consent of the valid account
(720 ILCS 5/16J-20 new)
A person commits the
offense of electronic fencing when he or she sells stolen
property using the Internet, knowing that the property was
stolen. A person who unknowingly purchases stolen property over
the Internet does not violate this Section.
(720 ILCS 5/16J-25 new)
A violation of this Article is a
Class 4 felony if the full retail value of the stolen property
or property obtained by deception does not exceed $150. A
violation of this Article is a Class 2 felony if the full
retail value of the stolen property or property obtained by
deception exceeds $150.
This Act takes effect upon
Effective Date: 7/12/2005