720 ILCS 5/16-25 – Retail Theft

720 ILCS 5/16-25 – Retail Theft

This law makes it illegal to steal or try to steal items from a store.

This statute explains what counts as retail theft in Illinois, including taking, hiding, switching, or altering store merchandise to avoid paying full price, and sets punishments for these actions.

(a) A person commits retail theft if they do any of the following actions on purpose, intending to keep goods without paying full price or to take them away from the store:

1. Take, carry away, transfer, or help move store items without paying for them.
2. Change, move, or remove a price tag or label to pay less for an item.
3. Move goods out of a container to avoid paying the full price.
4. Ring up an item for less than its real price.
5. Take a shopping cart off store property without permission.
6. Wrongly claim ownership of property and trade it for money or store credit.
7. Use or carry tools designed to block or remove theft sensors to hide stolen goods.
8. Rent property and fail to return it or pay for it after a written demand within 10 days.

(b) If a person steals something and leaves through a marked emergency exit to help commit the theft, it is called “theft by emergency exit.”

(c) If someone hides store merchandise and passes the checkout area without paying, a judge or jury may assume the person meant to steal it. “Conceal” means the item is partly hidden and not easily seen.

(d) If the same person steals in more than one county as part of an ongoing pattern, the case can be tried in any county where one of the thefts happened.

(e) A “theft detection shielding device” is any bag or tool meant to block or hide items from theft alarms.

(f) Sentence: Punishments depend on the value of what was stolen and past convictions.

1. If what was stolen is worth $300 or less ($150 or less for gas), it is a Class A misdemeanor. Using a theft detection device is a Class A misdemeanor for the first offense and a Class 4 felony for later offenses. Theft by emergency exit under $300 is a Class 4 felony.
2. If the person has a previous theft-related conviction, even a small theft under $300 becomes a Class 4 felony. If theft by emergency exit happens again, it becomes a Class 3 felony.
3. If the total value stolen exceeds $300 ($150 for gas), the crime becomes a felony: Class 3 for regular theft, or Class 2 for theft by emergency exit. The value of the property must be proven in court.

View the full statute here.

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