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| Public Act 101-0324
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| SB1294 Enrolled | LRB101 06266 SLF 51292 b |
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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 2012 is amended by changing |
Section 16-30 as follows:
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(720 ILCS 5/16-30) |
Sec. 16-30. Identity theft; aggravated identity theft.
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(a) A person commits identity theft when he or
she
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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;
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(2) uses any personal identifying identification |
information or personal
identification document of another |
with intent to commit any felony not set forth in
paragraph |
(1) of this subsection (a);
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(3) obtains, records, possesses, sells, transfers, |
purchases, or
manufactures any personal identifying |
identification information or personal
identification |
document of another with intent to commit any felony;
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(4) uses, obtains, records, possesses, sells, |
transfers, purchases,
or manufactures any personal |
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identifying identification information or
personal |
identification document of another knowing that such
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personal identifying identification information or |
personal identification
documents were stolen or produced |
without lawful authority;
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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;
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(6) uses any personal identifying 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 |
identifying identification information or personal |
identification document of that person, without the prior |
express permission of that person; |
(7) uses any personal identifying 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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(7.5) uses, possesses, or transfers a radio frequency |
identification device capable of obtaining or processing |
personal identifying information from a radio frequency |
identification (RFID) tag or transponder with knowledge |
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that the device will be used by the person or another to |
commit a felony violation of State law or any violation of |
this Article; or |
(8) in the course of applying for a building permit |
with a unit of local government, provides the license |
number of a roofing or fire sprinkler contractor whom he or |
she does not intend to have perform the work on the roofing |
or fire sprinkler portion of the project; it is an |
affirmative defense to prosecution under this paragraph |
(8) that the building permit applicant promptly informed |
the unit of local government that issued the building |
permit of any change in the roofing or fire sprinkler |
contractor. |
(b) Aggravated identity theft. A person commits aggravated |
identity theft when he or she commits identity theft as set |
forth in subsection (a) of this Section: |
(1) against a person 60 years of age or older or a |
person with a disability; or |
(2) in furtherance of the activities of an organized |
gang. |
A defense to aggravated identity theft does not exist |
merely because the accused reasonably believed the victim to be |
a person less than 60 years of age. For the purposes of this |
subsection, "organized gang" has the meaning ascribed in |
Section 10 of the Illinois Streetgang Terrorism Omnibus |
Prevention Act. |
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(c) 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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(d) When a charge of identity theft or aggravated identity |
theft of credit, money, goods,
services, or other property
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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
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exceeding or not exceeding the
specified value.
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(e) Sentence.
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(1) Identity theft. |
(A) A person convicted of identity theft in |
violation of paragraph (1)
of subsection (a) shall be |
sentenced as follows:
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(i) Identity theft of credit, money, goods, |
services, or
other
property not exceeding $300 in
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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
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$300 is guilty of a Class 3 felony. A person who |
has been convicted of identity
theft of less than
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$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,
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aggravated home repair fraud, or
financial |
exploitation of an elderly person or person with a |
disability is guilty of a Class 3
felony. Identity |
theft of credit, money, goods, services, or
other
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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
theft of less than
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$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 |
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repair fraud, or
financial exploitation of an |
elderly person or person with a disability is |
guilty of a Class 2
felony.
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(ii) 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
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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(iii) Identity theft of credit, money, goods,
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services, or other
property exceeding $2,000 and |
not
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
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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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(iv) Identity theft of credit, money, goods,
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services, or other
property exceeding $10,000 and
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not exceeding $100,000 in value is a Class 1 |
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felony. Identity theft of credit, money, goods,
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services, or other
property exceeding $10,000 and
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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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(v) 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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(B) A person convicted of any offense enumerated in |
paragraphs
(2) through (7.5) of subsection (a) is |
guilty of a Class 3 felony. A person convicted of any |
offense enumerated in paragraphs
(2) through (7.5) 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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(C) A person convicted of any offense enumerated in |
paragraphs
(2) through (5) and (7.5) 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) and (7.5) of subsection (a) |
a second or subsequent time when the victim of the |
identity theft is an active duty member of the Armed |
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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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(D) A person who, within a 12-month period, is |
found in violation
of any offense enumerated in |
paragraphs (2) through (7.5) 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, 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 (7.5) 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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(E) A person convicted of identity theft in |
violation of paragraph (2) of subsection (a) who uses |
any personal identifying 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 |
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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 identifying |
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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(F) A person convicted of identity theft in |
violation of paragraph (8) of subsection (a) of this |
Section is guilty of a Class 4 felony. |
(2) Aggravated identity theft. |
(A) Aggravated identity theft of credit, money, |
goods, services, or other property not exceeding $300 |
in value is a Class 3 felony. |
(B) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $300 and |
not exceeding $10,000 in value is a Class 2 felony. |
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(C) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $10,000 |
in value and not exceeding $100,000 in value is a Class |
1 felony. |
(D) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $100,000 |
in value is a Class X felony. |
(E) Aggravated identity theft for a violation of |
any offense enumerated in paragraphs (2) through (7.5) |
of subsection (a) of this Section is a Class 2 felony. |
(F) Aggravated identity theft when a person who, |
within a 12-month period, is found in violation of any |
offense enumerated in paragraphs (2) through (7.5) of |
subsection (a) of this Section with identifiers of, or |
other information relating to, 3 or more separate |
individuals, at the same time or consecutively, is a |
Class 1 felony. |
(G) A person who has been previously convicted of |
aggravated identity theft regardless of the value of |
the property involved who is convicted of a second or |
subsequent offense of aggravated identity theft |
regardless of the value of the property involved is |
guilty of a Class X felony.
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(Source: P.A. 99-143, eff. 7-27-15.)
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