Theft, Larceny, and Stealing in Southern Illinois
State legislatures have taken two approaches to theft offenses. Some states have a single law covering all forms of theft. For example, everyone arrested for theft in Missouri is charged under the state’s lone “stealing” statute.
Notably, theft doesn’t require violence. If force, threats, or weapons are used, the appropriate charge is robbery rather than theft.
Illinois Theft Statutes
Illinois has a general catch-all theft statute and several supporting laws that cover specific types of theft. Specifically, prosecutors can invoke the following theft statutes:
General Theft
Illinois defines theft to include the following acts when performed knowingly:
- Obtaining possession or control of someone else’s property
- Deceiving the owner into giving up possession or control of their property
- Threatening the owner to gain possession or control of the property
- Receiving property one knew or reasonably should have known to be stolen
- Obtaining control of stolen property in police custody
Additionally, the accused must perform these acts with the intent to permanently deprive the owner of the property’s use or possession. Thus, under Illinois’s theft statute, all of the following can support theft charges:
- Taking someone’s property for your use
- Taking the property and hiding it in your garage
- Taking someone’s property and throwing it away or destroying it
The catch-all provision punishes theft as a misdemeanor or felony based on two factors. First, the value of the property makes a pivotal difference in the penalty. Property worth up to $500 will typically result in misdemeanor charges, while property worth more than $500 will usually draw felony charges.
The jurors in a case determine this value. They may use the property’s market or replacement value to decide whether prosecutors have properly charged the defendant.
The nature of the crime also affects the severity of the penalties. Taking the property from the victim’s body, such as by pickpocketing, will usually result in harsher punishments. Targeting vulnerable victims, such as senior citizens, will also elevate the offense level.
Retail Theft
Retail theft is the technical term for shoplifting. This offense happens when someone steals from a merchant. The following circumstances can trigger retail theft charges:
- Carrying away merchandise
- Altering or removing a price tag
- Transferring an item to a container
- Inputting incorrect information while ringing up the item
- Lying to the merchant about the property belonging to the accused
- Using or possessing a tool to remove a theft-detection device
- Obtaining or exerting unauthorized control over the property
Again, the severity of the charges depends on the value of the item taken.
Theft of Lost Property
Theft includes unlawfully retaining or carrying away lost property. Specifically, the law requires you to take reasonable steps to identify an item’s owner before you claim it.
Theft of Services
Services can be stolen just the same as goods. Two situations explicitly highlighted in the statute include failing to return rental cars or other equipment and failing to return borrowed library materials.
Theft From Vending Machines
Illinois law has a statute specifically directed to tampering with or damaging vending machines. These charges can apply whether you tampered with the machine to retrieve a stuck item or to steal from it.
Utility and Telecommunications Theft
You cannot take or connect to utilities, including water, gas, or electricity, without approval from the utility company. You also cannot use telecommunications services, such as cable or phone services, without authorization.
Possible Defenses to Theft Charges in Southern Illinois
A lawyer may make use of the following criminal defense strategies in your case:
Claim of Right
You can assert a claim of right when you own the property. In other words, you can’t “steal” your own property.
This defense doesn’t apply in two situations. First, you can face theft charges for taking property from a co-owner. Second, you can steal by taking property from your spouse when you’re separated.
Consent
If the owner consents without deception or coercion, you didn’t steal the property. This defense applies even to reasonable mistakes. For example, suppose that your neighbor gives you their old grill. If you mistakenly but reasonably take their new grill, you could raise this defense.
Lack of Intent
Theft requires the intent to deprive the owner of their property. You can claim a lack of intent if you had a different purpose. For example, imagine that your co-worker left her purse at work, and you put it in a locked desk drawer so you could return it later. In this case, you likely lacked the required intent.
