720 ILCS 5/16-1 – Theft

720 ILCS 5/16-1 – Theft

This law explains what counts as theft in Illinois and what punishments apply depending on how serious the theft is.

This Illinois law says that taking or controlling someone else’s property without permission, by lying, by threats, or by accepting it while knowing it was stolen is considered theft. The more valuable the stolen property or the more serious the situation, the bigger the punishment.

(a) A person commits theft when he or she knowingly does any of the following:

1. Takes or controls someone else’s property without permission.
2. Lies or tricks someone to get their property.
3. Uses threats to take control of someone’s property.
4. Has or controls property and knows it was stolen, or should reasonably believe it was stolen.
5. Takes or controls property that police say is stolen, and:
   1. Plans to keep it away from the owner permanently; or
   2. Hides, uses, or gets rid of it so the owner loses it for good; or
   3. Knows their actions will probably make the owner lose it for good.

(b) Sentence: The punishment for theft depends on where it happens, how much the property is worth, and whether the person has stolen before.

1. If the value is $500 or less (not taken from a person), it’s a Class A misdemeanor.
   1. If the same theft happens at a school, church, or involves government property, it’s a Class 4 felony.
2. If the thief already has a record for theft or similar crimes, it’s a Class 4 felony even if the amount is small.
3. (Blank)
4. Theft from a person or theft worth more than $500 but $10,000 or less is a Class 3 felony.
   1. The same theft done in a school, church, or involving government property is a Class 2 felony.
5. Theft worth more than $10,000 but less than $100,000 is a Class 2 felony
   1. The same theft is a Class 1 felony if at a school, church, or government property.
6. Theft worth $100,000–$500,000 is a Class 1 felony.
   1. Theft of $100,000 or more from a school, church, or government property is a Class X felony.
   2. Theft worth $500,000–$1,000,000 is a Class 1 felony that cannot get probation.
   3. Theft worth more than $1,000,000 is a Class X felony.
7. Tricking someone 60 years or older or a person with a disability out of $5,000 or more is a Class 2 felony.
8. Pretending to be a landlord to collect rent or a deposit under $500 is a Class 3 felony.
9. If the fake landlord takes $500–$10,000, it’s a Class 2 felony.
10. If the fake landlord takes $10,000–$100,000, it’s a Class 1 felony.
11. If the fake landlord takes over $100,000, it’s a Class X felony.

(c) When someone is charged with theft, the court must decide how much the property was worth to determine the level of the crime.

(d) If a person rents something and does not return it within 10 days after being asked in writing, or within 24 hours if they gave fake contact information, the court can assume they meant to steal it. A mailed written notice counts as official demand.

(e) If a person agreed to do work for $3,000, takes a down payment of 10% or more for the work, and doesn’t do the work or return the money within 45 days of being asked in writing, the court may assume they meant to deceive. The rule doesn’t apply if the customer stopped the work or if the person responds within the 45 days.

(f) Having some ownership in the property doesn’t excuse theft if someone else also owns it. A person can’t be charged with stealing from their spouse unless they were living apart at the time.

View the full statute here.

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