A person commits the offense of retail theft when he or 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 or retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying full retail value of such merchandise.
- Alters, transfer or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of the full retail value.
Interesting Point: A merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, to request identification, to ask whether the person is in possession of merchandise, and to inform a peace officer of the detention. 720 ILCS 5/16-26 (2012).
It is unlawful to knowingly:
- use any personal indentifying information or document of another person to frequently obtain credit, money, goods, services, or other property;
- use such information or document with the intent to commit any felony;
- obtain, record, possess, sell, transfer, purchase or manufacture such information or document with the intent to commit any felony
- use, obtain, record, possess, sell, transfer, purchase or manufacture such information knowing it to be stolen or produced illegally
- use, transfer or possess document-making implements with knowledge they will be used to commit any felony
- use any personal identification information or document of another to portray personal identification information or document of another to portray himself or herself as that person to gain access to any personal identification document of that person without the prior express permission
- use any personal identification information or personal identification document of another to gain access to any record
Interesting Point: An interest in the stolen property is not a defense 720 ILCS 5/16-30(d) (2012).
A person commits forgery when, with intent to defraud, he or she knowingly
- makes a false document or alters any document to make it false and that document is apparently capable of defrauding another; or
- issues or delivers such document knowing it to have been thus made or altered; or
- possesses with intent to issue or deliver, any such document knowing it have been thus made or altered; or
- unlawfully uses the digital signature; or
- unlawfully uses the signature device of another to create an electronic signature of that person. 720 ILCS 5/17-3 (2012).
Interesting Point: The State must show the existence of two mental states: 1) the intent to defraud and 2) knowledgeable performance of one of five acts listed in the above law. People v. Stout, 108 Ill. App. 3d 96, 100, 428 N.E.2d 952, 955 (2d Dist. 1982)
Interesting Point: The test to determine whether a document has the apparent ability to defraud another is “whether a reasonable and ordinary person might be deceived into accepting the document as true and genuine and whether it creates, transfers, alters or terminates any right, obligation or power with reference to any person or property.” People v. Rennels, 227, Ill. App. 3d 263, 265 591 N.E.2d 130, 131 (5th Dist. 1989)
State Benefit Fraud
Whenever a person obtains or attempts to obtain money or benefits from the State of Illinois, any political subdivision in Illinois, or any program funded or administered, completely or partially, by the State or its political subdivisions, through the knowing 1) use of false identification documents, or 2) misrepresentation of age, residence, number of dependents, marital or family status, employment status or any other material fact on which a recipient’s eligibility for benefits or level of benefits might be based.