Theft and Retail Theft

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Illinois Statute 720 ILCS 5/16-1 states:

"A person commits theft when he or she knowingly:

1. Obtains or exerts unauthorized control over property of the owner; or
2. Obtains by deception control over property of the owner; or
3. Obtains by threat control over property of the owner; or
4. Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
5. Obtains or exerts control over property in the custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
6. Intends to deprive the owner permanently of the use or benefit of the property; or
7. Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
8. Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit."

Penalties for theft in Illinois

Illinois Statute is 725 ILCS 5/16-1(b), states:

1. Theft of property not from the person and not exceeding $300 in value is a Class A misdemeanor.
2. Theft of property not from the person and not exceeding $300 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
3. A person who has been convicted of theft of property not from the person and not exceeding $300 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4 103, 4 103.1, 4 103.2, or 4 103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 17 36 of the Criminal Code of 1961 or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.
4. Theft of property from the person not exceeding $300 in value, or theft of property exceeding $300 and not exceeding $10,000 in value, is a Class 3 felony.
5. Theft of property from the person not exceeding $300 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
6. Theft of property exceeding $10,000 and not exceeding $100,000 in value is a Class 2 felony.
7. Theft of property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
8. Theft of property exceeding $100,000 and not exceeding $500,000 in value is a Class 1 felony.
9. Theft of property exceeding $100,000 in value is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
10. Theft of property exceeding $500,000 and not exceeding $1,000,000 in value is a Class 1 non probationable felony.
11. Theft of property exceeding $1,000,000 in value is a Class X felony.

Retail theft

Illinois Statute 720 ILCS 5/16-25(a)(1) states:

"A person commits retail theft when he/she knowingly 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 If any person removes merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment such person shall be presumed to have possessed, carried away or transferred such merchandise 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."

Other types of retail theft include:

• Removing an item from one container to a different container.
• An employee under charges merchandise offered for sale.
• Falsely representing that you are the owner of certain merchandise or gift card and seeking to return the item for a cash refund, store credit or other exchange.
• Using a theft-detection shielding device.
• Failing to return rented property after being given written notice.

Penalties

If the value of the stolen merchandise is under $300, and the person does not have a prior conviction for theft, then the retail theft charge will be a Class A misdemeanor. The maximum penalties for the charge of retail theft, is up to 364 days in jail; up to 24 months court supervision, conditional discharge or probation; and fines up to $2,500.

If you have a prior conviction for theft, regardless of the monetary value of the merchandise, you can be charged with a Class 4 Felony. What may have been a misdemeanor amount (under $300), can be enhanced by introducing the prior theft. The range of penalties for a Class 4 felony are between one to three years in the Illinois Department of Corrections (DOC); up to 30 months probation or conditional discharge; and fines up to $25,000.

Theft and retail theft charges are serious business. When facing theft or retail theft charges in Rock Island, it is essential to find an experienced lawyer like Herb Schultz as early in the process as possible to ensure the best possible outcome. To obtain quality legal defense representation in Rock Island, the Quad Cities, Rock Island County, or the surrounding Illinois counties and communities, contact Rock Island attorney Herb Schultz Legal for a free consultation at (309) 788-4539. Herb Schultz also can be reached securely through the contact form found throughout this site.