Amended Text

IDENTITY THEFT
CHAPTER: 720 ACT: 5 SECTION: 16G-15(a)

COMPLAINT

In the name and by the authority of the People of the State of Illinois, , hereinafter called the complainant, on oath charges that at or about the hour of .M on or about the day of 20 in said County and State, , hereinafter called the defendant, committed the offense of:

IDENTITY THEFT

*or personal identification information (A definition of "personal identification document" and "personal identification information" may be found in Section 16G-10()a) & (b))
**or any such document or information
***or credit, money, goods, services, or other property

NOTE: The following sentencing variations of this offense exist:

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 and $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 invasio, home repair fraud, aggravated home repair fraud, or 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 memeber 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 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 memeber 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 theft of less than $300 when the victim of the identity theft is an active duty memeber 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 burglary, possession of burglary tools, home invasio, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a Class 2 felony.

(d)(1)(B) This offense is a Class 3 felony where the value of the credit, money, goods, services, or other property obtained exceeded $300 but did not exceed $2,000. Identity theft of credit, money, goods, services, or other property exceedng $300 and not exceeding $2,000 in value when the victim of the identity theft is an active duty memeber 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

(d)(1)(C) This offense is a Class 2 felony where the value of the credit, money, goods, services, or other property obtained exceeded $2,000 but did not exceed $10,000. Identity theft of credit, money, goods, services, or other property exceedng $2,000 and not exceeding $10,000 in value when the victim of the identity theft is an active duty memeber 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

(d)(1)(D) This offense is a Class 1 felony where the value of the credit, money, goods, services, or other property obtained exceeded $10,000 but did not exceed $100,000. Identity theft of credit, money, goods, services, or other property exceedng $10,000 and not exceeding $100,000 in value when the victim of the identity theft is an active duty memeber 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 X felony

(d)(1)(E) This offense is a Class X felony where the value of the credit, money, goods, services, or other property obtained exceeded $100,000.

(d)(2) A person convicted of any offense enumerated in paragraphs (2) through (5) 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 of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.

(d)(3) A person conviced 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. The charging instrument must state the prior conviction. Click here and see Note C for an explanation and a model complaint.

(d)(4) A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (5) of subsection (a) with respect to the identifiers of 3 or more 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.

(d)(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 memeber 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.

NOTE A: Alternative methods of charging this offense are as follows: he or she knowingly

(2) uses any personal identification information or personal identification document(s) of another with the intent to commit any feloy theft or other felony violation of State law not set forth in paragraph (1) of this subsection (a), or

(3) obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or person identification document(s) of another with the intent to commit or to aid or abet another in committing any felony theft or other felony violation of State law, or

(4) uses, obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document(s) of another knowing that such persoanl identification information or personal identification document(s) were stolen or produced without lawful authority.

(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 felony violation of State law, or

(6) uses any personal identification informaiton or personal indentification document of anohter 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 expresss permission of that person.

NOTE B: A person who is convicted of a violation of this subsection is liable in a civil action to the person who suffered damages as a result of the violation. The person suffering damages may recover court costs, attorney's fees, lost wages, and actual damages. (720 ILCS 5/16G-21(new)).

NOTE C: A person who commits the offense of identity theft or aggravated identity theft may be tried in any one of the following counties in which: (1) the offense occurred; (2) the information used to commit the offense was illegally used; or (3) the victim resides. If a person is charged with more than one violationo f identity theft or aggravated identity theft and those violations may be tried in more than one county, any of those counties is a proper venue for all of the violations.

NOTE D: A prosecution for any offense set forth in Section 16G-20 may be commenced within 5 years after the discovery of the offense by the victim of that offense.

IMPORTANT: For discussion of Apprendi problem, click here.

This subsection was amended by Public Acts 94-827 (Eff: 1-1-07, 94-1008 (Eff: 7-5-06) and 95-60 (Eff: 1-1-08)

Legislative History: Created by Public Act 91-517 (Eff: 8-13-99). Amended by Public Act 92-686 and 93-39.

CHARGE: Misdemeanor (Class A)
BOND: $1,000