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| Public Act 095-0060 |
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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 | ||||
Section 16G-15 as follows:
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(720 ILCS 5/16G-15)
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Sec. 16G-15. Identity theft.
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(a) A person commits the offense of identity theft when he | ||||
or
she
knowingly:
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(1) uses any personal
identifying information or | ||||
personal identification document of another
person to | ||||
fraudulently obtain credit, money, goods, services, or | ||||
other
property, or
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(2) uses any personal identification information or | ||||
personal
identification document of another with intent to | ||||
commit any felony theft
or other felony violation of State | ||||
law not set forth in
paragraph (1) of this subsection (a), | ||||
or
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(3) obtains, records, possesses, sells, transfers, | ||||
purchases, or
manufactures any personal identification | ||||
information or personal
identification document of another | ||||
with intent to commit or to aid or abet
another in | ||||
committing any felony theft or other felony violation of
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State law, or
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(4) uses, obtains, records, possesses, sells, | ||
transfers, purchases,
or manufactures any personal | ||
identification information or
personal identification | ||
document of another knowing that such
personal | ||
identification information or personal identification
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documents were stolen or produced without lawful | ||
authority, or
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(5) uses, transfers, or possesses document-making | ||
implements to
produce false identification or false | ||
documents with knowledge that
they will be used by the | ||
person or another to commit any felony theft or other
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felony violation of State law, or
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(6) uses any personal identification information or | ||
personal identification document of another to portray | ||
himself or herself as that person, or otherwise, for the | ||
purpose of gaining access to any personal identification | ||
information or personal identification document of that | ||
person, without the prior express permission of that | ||
person, or | ||
(7) uses any personal identification information or | ||
personal identification document of another for the | ||
purpose of gaining access to any record of the actions | ||
taken, communications made or received, or other | ||
activities or transactions of that person, without the | ||
prior express permission of that person.
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(b) Knowledge shall be determined by an evaluation of all | ||
circumstances
surrounding the use of the other
person's | ||
identifying information or document.
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(c) When a charge of identity theft of credit, money, | ||
goods,
services, or other property
exceeding a specified value | ||
is brought the value of the credit, money, goods,
services, or | ||
other property is
an element of the offense to be resolved by | ||
the trier of fact as either
exceeding or not exceeding the
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specified value.
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(d) Sentence.
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(1) A person convicted of identity theft in violation | ||
of paragraph (1)
of subsection (a) shall be sentenced as | ||
follows:
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(A) Identity
identity theft of credit, money, | ||
goods, services, or
other
property not exceeding $300 | ||
in
value is a Class 4 felony. A person who has been | ||
previously convicted of
identity theft of
less than | ||
$300 who is convicted of a second or subsequent offense | ||
of
identity theft of less than
$300 is guilty of a | ||
Class 3 felony. A person who has been convicted of | ||
identity
theft of less than
$300 who has been | ||
previously convicted of any type of theft, robbery, | ||
armed
robbery, burglary, residential
burglary, | ||
possession of burglary tools, home invasion, home | ||
repair fraud,
aggravated home repair fraud, or
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financial exploitation of an elderly or disabled | ||
person is guilty of a Class 3
felony. Identity theft of | ||
credit, money, goods, services, or
other
property not | ||
exceeding $300 in
value when the victim of the identity | ||
theft is an active duty member of the Armed Services or | ||
Reserve Forces of the United States or of the Illinois | ||
National Guard serving in a foreign country is a Class | ||
3 felony. A person who has been previously convicted of
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identity theft of
less than $300 who is convicted of a | ||
second or subsequent offense of
identity theft of less | ||
than
$300 when the victim of the identity theft is an | ||
active duty member of the Armed Services or Reserve | ||
Forces of the United States or of the Illinois National | ||
Guard serving in a foreign country is guilty of a Class | ||
2 felony. A person who has been convicted of identity
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theft of less than
$300 when the victim of the identity | ||
theft is an active duty member of the Armed Services or | ||
Reserve Forces of the United States or of the Illinois | ||
National Guard serving in a foreign country who has | ||
been previously convicted of any type of theft, | ||
robbery, armed
robbery, burglary, residential
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burglary, possession of burglary tools, home invasion, | ||
home repair fraud,
aggravated home repair fraud, or
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financial exploitation of an elderly or disabled | ||
person is guilty of a Class 2
felony. When a person has | ||
any
such prior conviction, the information or | ||
indictment charging that person shall
state the prior | ||
conviction so
as to give notice of the State's | ||
intention to treat the charge as a Class 3 felony. The
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fact of the 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 the trial.
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(B) Identity theft of credit, money, goods,
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services, or other
property exceeding $300 and not
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exceeding $2,000 in value is a Class 3 felony. Identity | ||
theft of credit, money, goods,
services, or other
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property exceeding $300 and not
exceeding $2,000 in | ||
value when the victim of the identity theft is an | ||
active duty member of the Armed Services or Reserve | ||
Forces of the United States or of the Illinois National | ||
Guard serving in a foreign country is a Class 2 felony.
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(C) Identity theft of credit, money, goods,
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services, or other
property exceeding $2,000 and not
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exceeding $10,000 in value is a Class 2 felony. | ||
Identity theft of credit, money, goods,
services, or | ||
other
property exceeding $2,000 and not
exceeding | ||
$10,000 in value when the victim of the identity theft | ||
is an active duty member of the Armed Services or | ||
Reserve Forces of the United States or of the Illinois | ||
National Guard serving in a foreign country is a Class | ||
1 felony.
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(D) Identity theft of credit, money, goods,
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services, or other
property exceeding $10,000 and
not | ||
exceeding $100,000 in value is a Class 1 felony. | ||
Identity theft of credit, money, goods,
services, or | ||
other
property exceeding $10,000 and
not exceeding | ||
$100,000 in value when the victim of the identity theft | ||
is an active duty member of the Armed Services or | ||
Reserve Forces of the United States or of the Illinois | ||
National Guard serving in a foreign country is a Class | ||
X felony.
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(E) Identity theft of credit, money, goods,
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services, or
other property exceeding $100,000 in
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value is a Class X felony.
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(2) A person convicted of any offense enumerated in | ||
paragraphs
(2) through (7) of subsection (a) is guilty of a | ||
Class 3 felony. A person convicted of any offense | ||
enumerated in paragraphs
(2) through (7) of subsection (a) | ||
when the victim of the identity theft is an active duty | ||
member of the Armed Services or Reserve Forces of the | ||
United States or of the Illinois National Guard serving in | ||
a foreign country is guilty of a Class 2 felony.
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(3) A person convicted of any offense enumerated in | ||
paragraphs
(2) through (5) of subsection (a) a second or | ||
subsequent time is
guilty of a Class 2 felony. A person | ||
convicted of any offense enumerated in paragraphs
(2) | ||
through (5) of subsection (a) a second or subsequent time | ||
when the victim of the identity theft is an active duty | ||
member of the Armed Services or Reserve Forces of the | ||
United States or of the Illinois National Guard serving in | ||
a foreign country is
guilty of a Class 1 felony.
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(4) A person who, within a 12 month period, is found in | ||
violation
of any offense enumerated in paragraphs (2) | ||
through (7) of
subsection (a) with respect to the | ||
identifiers of, or other information relating to, 3 or more
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separate individuals, at the same time or consecutively, is | ||
guilty
of a Class 2 felony. A person who, within a 12 month | ||
period, is found in violation
of any offense enumerated in | ||
paragraphs (2) through (7) of
subsection (a) with respect | ||
to the identifiers of, or other information relating to, 3 | ||
or more
separate individuals, at the same time or | ||
consecutively, when the victim of the identity theft is an | ||
active duty member of the Armed Services or Reserve Forces | ||
of the United States or of the Illinois National Guard | ||
serving in a foreign country is guilty
of a Class 1 felony.
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(5) A person convicted of identity theft in violation | ||
of paragraph (2) of subsection (a) who uses any personal | ||
identification information or personal
identification | ||
document of another to purchase methamphetamine | ||
manufacturing material as defined in Section 10 of the | ||
Methamphetamine Control and Community Protection Act with | ||
the intent to unlawfully manufacture methamphetamine is | ||
guilty of a Class 2 felony for a first offense and a Class | ||
1 felony for a second or subsequent offense.
A person | ||
convicted of identity theft in violation of paragraph (2) | ||
of subsection (a) who uses any personal identification | ||
information or personal
identification document of another | ||
to purchase methamphetamine manufacturing material as | ||
defined in Section 10 of the Methamphetamine Control and | ||
Community Protection Act with the intent to unlawfully | ||
manufacture methamphetamine when the victim of the | ||
identity theft is an active duty member of the Armed | ||
Services or Reserve Forces of the United States or of the | ||
Illinois National Guard serving in a foreign country is | ||
guilty of a Class 1 felony for a first offense and a Class | ||
X felony for a second or subsequent offense.
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(Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05; | ||
94-827, eff. 1-1-07; 94-1008, eff. 7-5-06; revised 8-3-06.)
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