West’s Smith-Hurd Illinois Compiled Statutes Annotated
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 1961 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 16A. Retail Theft (Refs & Annos)
720 ILCS 5/16A-3
Formerly cited as IL ST CH 38 ¶ 16A-3
5/16A-3. Offense of Retail Theft
Currentness:
§ 16A-3. Offense of Retail Theft. A person commits the offense of retail theft when he or she knowingly:
(a) Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
(b) Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
(c) Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
(d) Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or
(e) Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or
(f) Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
(g) Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise. A violation of this subsection shall be a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense; or
(h) Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.
Credits
Laws 1961, p. 1983, § 16A-3, added by P.A. 79-840, § 1, eff. Oct. 1, 1975. Amended by P.A. 80-352, § 1, eff. Oct. 1, 1977; P.A. 84-1391, § 1, eff. Sept. 18, 1986; P.A. 85-749, § 1, eff. Jan. 1, 1988; P.A. 86-356, § 1, eff. Jan. 1, 1990; P.A. 89-373, § 5, eff. Jan. 1, 1996.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 16A-3.
Notes of Decisions (112)
Current through P.A. 97-32, with the exception of P.A. 97-14 and P.A. 97-15, of the 2011 Reg. Sess.
West’s Smith-Hurd Illinois Compiled Statutes Annotated
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 1961 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 16A. Retail Theft (Refs & Annos)
720 ILCS 5/16A-7
Formerly cited as IL ST CH 38 ¶ 16A-7
5/16A-7. Civil Liability
Effective: July 24, 2003
Currentness:
§ 16A-7. Civil Liability. (a) A person who commits the offense of retail theft as defined in Section 16A-3 paragraphs (a), (b), (c), or (h) of this Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:
(i) actual damages equal to the full retail value of the merchandise as defined herein; plus
(ii) an amount not less than $100 nor more than $1,000; plus
(iii) attorney’s fees and court costs.
(b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act1 or the Juvenile Court Act of 19872 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the “Parental Responsibility Law”, approved October 6, 1969, as now or hereafter amended.3
(c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit hereunder.
(d) Judgments arising under this Section may be assigned.
Credits
Laws 1961, p. 1983, § 16A-7, added by P.A. 79-840, § 1, eff. Oct. 1, 1975. Amended by P.A. 82-899, § 1, eff. Jan. 1, 1983; P.A. 85-1209, Art. III, § 3-30, eff. Aug. 30, 1988; P.A. 93-329, § 5, eff. July 24, 2003.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 16A-7.
Current through P.A. 97-32, with the exception of P.A. 97-14 and P.A. 97-15, of the 2011 Reg. Sess.
| Footnotes | |
| 1 | Former Ill.Rev.Stat. ch. 37, ¶ 701-1 et seq. (repealed). |
| 2 | 705 ILCS 405/1-1 et seq. |
| 3 | 740 ILCS 115/5. |