The controlling Illinois Statute is 720 ILCS 5/16-1 which provides:
“A person commits theft when he or she knowingly:
- Obtains or exerts unauthorized control over property of the owner; or
- Obtains by deception control over property of the owner; or
- Obtains by threat control over property of the owner; or
- Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
- Obtains or exerts control over property in the custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
- Intends to deprive the owner permanently of the use or benefit of the property; or
- Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
- Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
PENALTIES FOR THEFT IN ILLINOIS
The controlling Illinois Statute is 725 ILCS 5/16-1(b), which provides:
- Theft of property not from the person and not exceeding $300 in value is a Class A misdemeanor.
- Theft of property not from the person and not exceeding $300 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
- A person who has been convicted of theft of property not from the person and not exceeding $300 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, 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 17‑36 of the Criminal Code of 1961 or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.
- 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.
- Theft of property from the person not exceeding $300 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
- Theft of property exceeding $10,000 and not exceeding $100,000 in value is a Class 2 felony.
- Theft of property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
- Theft of property exceeding $100,000 and not exceeding $500,000 in value is a Class 1 felony.
- Theft of property exceeding $100,000 in value is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
- Theft of property exceeding $500,000 and not exceeding $1,000,000 in value is a Class 1 non‑probationable felony.
- Theft of property exceeding $1,000,000 in value is a Class X felony.
CONTACT DEFENSE ATTORNEY DAVID W. LAWLER
The State of Illinois treats all theft offenses as very serious matters. At Lawler Brown we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a free consultation.
Lawler Brown has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.
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