720 ILCS 5/16-1
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (from Ch. 38, par. 16-1)Sec. 16-1. Theft.(a) 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(A) Intends to deprive the owner permanently of         the use or benefit of the property; or(B) Knowingly uses, conceals or abandons the         property in such manner as to deprive the owner permanently of such use or benefit; or(C) Uses, conceals, or abandons the property         knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.(b) Sentence.(1) Theft of property not from the person and not     exceeding $500 in value is a Class A misdemeanor.(1.1) Theft of property not from the person and not     exceeding $500 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.(2) A person who has been convicted of theft of     property not from the person and not exceeding $500 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 the Criminal Code of 2012, or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.(3) (Blank).(4) Theft of property from the person not exceeding     $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.(4.1) Theft of property from the person not exceeding     $500 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.(5) Theft of property exceeding $10,000 and not     exceeding $100,000 in value is a Class 2 felony.(5.1) 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.(6) Theft of property exceeding $100,000 and not     exceeding $500,000 in value is a Class 1 felony.(6.1) 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.(6.2) Theft of property exceeding $500,000 and not     exceeding $1,000,000 in value is a Class 1 non-probationable felony.(6.3) Theft of property exceeding $1,000,000 in value     is a Class X felony.(7) Theft by deception, as described by paragraph (2)     of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older or a person with a disability is a Class 2 felony.(8)  Theft by deception, as described by paragraph     (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500.(9)  Theft by deception, as described by paragraph     (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 2 felony if the rent payment or security deposit obtained exceeds $500 and does not exceed $10,000.(10) Theft by deception, as described by paragraph     (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.(11)  Theft by deception, as described by paragraph     (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class X felony if the rent payment or security deposit obtained exceeds $100,000.(c) When a charge of theft of property exceeding a specified value  is brought, the value of the property involved is an element of the offense  to be resolved by the trier of fact as either exceeding or not exceeding  the specified value.(d) Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a  lessee of the personal property of another fails to return it to the  owner within 10 days after written demand from the owner for its  return or (2) if a lessee of the personal property of another fails to return  it to the owner within 24 hours after written demand from the owner for its  return and the lessee had presented identification to the owner that contained  a materially fictitious name, address, or telephone number. A notice in  writing, given after the expiration of the leasing agreement, addressed and  mailed, by registered mail, to the lessee at the address given by him and shown  on the leasing agreement shall constitute proper demand.(e) Permissive inference; evidence of intent that a person obtains by deception control over property. The trier of fact may infer that a person  "knowingly obtains by deception control over property of the owner" when he or she  fails to return, within 45 days after written demand from the owner, the  downpayment and any additional payments accepted under a promise, oral or  in writing, to perform services for the owner for consideration of $3,000  or more, and the promisor knowingly without good cause failed to  substantially perform pursuant to the agreement after taking a down payment  of 10% or more of the agreed upon consideration.  This provision shall not apply where the owner initiated the suspension of  performance under the agreement, or where the promisor responds to the  notice within the 45-day notice period.  A notice in writing, addressed and  mailed, by registered mail, to the promisor at the last known address of  the promisor, shall constitute proper demand.(f) Offender's interest in the property.(1) It is no defense to a charge of theft of property     that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.(2) Where the property involved is that of the     offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft. (Source: P.A. 101-394, eff. 1-1-20.)