Amended Text and Added Legislative History

AGGRAVATED IDENTITY THEFT
CHAPTER: 720 ACT: 5 SECTION: 16G-20(a)(1)

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:

AGGRAVATED 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
****or a disabled person as defined in Section 16-1.3 of this Code

NOTE A: The following variations of this offense exist:

(e)(2) This offense is a Class 2 felony where the value of the credit, money, goods, services, or other property obtained exceeded $300 but did not exceed $10,000.

(e)(3) 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.

(e)(4) This offense is a Class X felony where the value of the credit, money, goods, services, or other property obtained exceeded $100,000.

(e)(5) A second or subsequent conviction for this offense is a Class X felony. The charging instrument must state the prior conviction. Click here and see Note C for an explanation and a model complaint.

NOTE B: 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 C: 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 Act 95-199 (Eff: 8-16-07).

Legislative History: Created by Public Act 91-517 (Eff: 8-13-99). Amended by Public Acts 92-301, 94-39, 94-51, and 94-253.

CHARGE: Felony (Class 3 4)
BOND: Must be Set by Judge