720 ILCS 5/16-30 – Identity Theft; Aggravated Identity Theft

720 ILCS 5/16-30 – Identity Theft; Aggravated Identity Theft

This law makes it a crime to steal or use someone else’s personal information to get money, property, or commit other crimes.

This Illinois law says that using someone else’s personal or ID information to cheat, steal, or pretend to be them is illegal. The punishment depends on how much was stolen, who the victim is, and if it happens more than once or involves elderly, disabled, or military victims.

(a) A person commits identity theft when they knowingly do any of the following:

1. Use someone else’s personal or ID information to fraudulently get credit, money, goods, services, or property.
2. Use someone else’s information to commit another serious crime.
3. Get, record, sell, or make another person’s identifying info or ID intending to commit a serious crime.
4. Use, get, sell, or make another’s ID knowing it was stolen or fake.
5. Use tools or machines to make fake ID cards or documents knowing they’ll be used in crimes.
6. Pretend to be another person to get access to their information or IDs without permission.
7. Use someone’s ID information to see their personal records, messages, or activities without their permission.
   7. 5. Use or transfer a special radio device (RFID reader) to steal information from RFID chips when planning to commit a crime.
8. When applying for a building permit, use another contractor’s license number for work you don’t intend them to do, unless you quickly correct it with the government.

(b) A person commits aggravated identity theft if they do any of the above crimes:

1. Against someone who is 60 years or older or has a disability, or
2. Does it as part of a gang’s activities.

(c) Whether the person “knew” what they were doing is judged by looking at all the facts and circumstances.

(d) If the case involves stolen money or property over a certain amount, the amount must be proven as part of the crime.

(e) Sentence:

1. Identity theft.
   1. Someone who uses another person’s information to get money, credit, goods, or property can face the following penalties:
      1. If what was stolen is worth $300 or less, it’s a Class 4 felony. If the person has past theft convictions or repeats the crime, it becomes a Class 3 felony. When the victim is an active-duty military member serving overseas, it becomes a Class 3 or Class 2 felony depending on the offender’s record.
      2. If the value is between $300 and $2,000, it’s a Class 3 felony, or a Class 2 felony if the victim is an active-duty military member serving overseas.
      3. If the value is between $2,000 and $10,000, it’s a Class 2 felony, or a Class 1 felony if the victim is an active-duty military member serving overseas.
      4. If the value is between $10,000 and $100,000, it’s a Class 1 felony, or a Class X felony if the victim is an active-duty military member serving overseas.
      5. If the value is over $100,000, it’s a Class X felony.
   2. Someone who steals or uses personal information to commit another serious crime, make fake IDs, create stolen documents, or illegally use identity tools commits a Class 3 felony. If the victim is active-duty military overseas, it becomes a Class 2 felony.
   3. If someone repeats those same crimes, the punishment increases to a Class 2 felony, or a Class 1 felony if the victim is an active-duty military member overseas.
   4. If someone uses or keeps personal information belonging to three or more different people within a 12-month period, it is a Class 2 felony, or a Class 1 felony if any of the victims are active-duty military members serving overseas.
   5. Anyone using another person’s information to buy materials used to make methamphetamine is guilty of a Class 2 felony for the first offense and a Class 1 felony for later offenses. If the victim is an active-duty military member serving overseas, it becomes a Class 1 felony for the first offense and a Class X felony for later offenses.
   6. Someone who gives a false contractor’s license number on a building permit application, without planning for that contractor to do the work, commits a Class 4 felony.
2. Aggravated identity theft.
   1. If the stolen money, property, or services are worth $300 or less, it’s a Class 3 felony.
   2. If valued between $300 and $10,000, it’s a Class 2 felony.
   3. If valued between $10,000 and $100,000, it’s a Class 1 felony.
   4. If the value is over $100,000, it’s a Class X felony.
   5. If someone commits identity theft against an elderly person, someone with a disability, or in connection with gang activity, it’s at least a Class 2 felony.
   6. If the offense involves three or more victims within a 12-month period, it’s a Class 1 felony.
   7. Anyone who commits aggravated identity theft more than once, no matter the value involved, faces a Class X felony.

View the full statute here.

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