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Public Act 91-0118
SB486 Enrolled LRB9105584RCks
AN ACT to amend the Criminal Code of 1961 by changing
Section 16-1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 16-1 as follows:
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of
the owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing
the property to have been stolen or under such
circumstances as would reasonably induce him to believe
that the property was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which is explicitly
represented to him by any law enforcement officer or any
individual acting in behalf of a law enforcement agency
as being stolen, and
(A) Intends to deprive the owner permanently
of the use or benefit of the property; or
(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.
The term "firearm" for the purposes of this Section has
the meaning ascribed to it in Section 1.1 of the Firearm
Owners Identification Card Act.
(b) Sentence.
(1) Theft of property, other than a firearm, not
from the person and not exceeding $300 in value is a
Class A misdemeanor.
(2) A person who has been convicted of theft of
property not exceeding $300 in value, other than a
firearm and not from the person, who has been previously
convicted of any type of theft, robbery, armed robbery,
burglary, residential burglary, possession of burglary
tools, or 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) Theft of a firearm not from the person
regardless of value is a Class 4 felony. A second or
subsequent such offense is a Class 3 felony.
(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.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(6) Theft of property exceeding $100,000 in value
is a Class 1 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. 89-377, eff. 8-18-95.)
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