What Are the Consequences of Identity Theft in Illinois?

 Posted on February 14, 2020 in White Collar Crime

Scammers are at work every day attempting to steal from hard-working people, young people, and even elderly people. The crime of identity theft can cause a victim to endure significant financial hardship. Identity thieves can strike when they are least expected. They can get their information via the Internet -- by tricking a victim into sending personal information through an email -- or even by searching through trash cans to find documents with personal information. It is important to understand how Illinois defines identity theft if you or someone you know is facing these criminal charges. 

How Does Illinois Define Identity Theft?

Illinois law describes a wide range of crimes that can be classified as identity theft. The punishments that follow can alter an offender’s life forever because of the serious outcomes of committing the crime. According to Illinois law, a person commits an act of identity theft if he or she:

• Uses another person’s identifying information to obtain goods, money, and/or services or to commit another type of felony

• Obtains another person’s identifying information and then sells or transfers that data to another person who is intent on committing a crime

• Uses another person’s identifying information when he or she knows that the data has been stolen

• Possesses equipment that can create false identifying information or documents

• Uses another person’s identifying information in order to gain access to more personal data

Most of these crimes are punished as felonies, with penalties increasing in severity depending on the circumstances of the offense and the stolen property’s value, as shown below:

Class 4 Felony - One to three years in prison and a fine up to $25,000:

• Theft of property, money, goods, or services not exceeding $300 in value

Class 3 Felony - Two to five years in prison and a fine up to $25,000:

• If an offender convicted of identity theft under $300 in value has previously been convicted of any type of theft, robbery, of burglary

• If an offender is convicted of identity theft under $300 in value when the victim is an active member of the U.S. Armed or Reserve Forces

• Theft not exceeding $2,000 in value

Class 2 Felony - Three to seven years in prison and a fine up to $25,000:

• If an offender is convicted of a subsequent act of identity theft under $300 in value against an active member of the U.S. Armed or Reserve Forces

• Theft not exceeding $2,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

• Theft not exceeding $10,000 in value

Class 1 Felony - 4 to 15 years in prison and a fine up to $25,000:

• Theft not exceeding $10,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

• Theft not exceeding $100,000 in value

Class X Felony - 6 to 30 years in prison and a fine up to $25,000:

• Theft not exceeding $100,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

• Theft exceeding $100,000 in value

Aggravated identity theft may charged when an offender’s victim is a person over 60 years of age or if the offender committed the crime as part of gang activity. Depending on the value of the property stolen, aggravated identity theft may range from a Class 3 felony to a Class X felony.

Contact a Joliet, IL Criminal Defense Attorney

If you or a loved one is being investigated for identity theft, it is crucial to hire a lawyer who can make sure your rights are not being violated. The attorneys at the Law Offices of Tedone & Morton, P.C. have extensive experience defending all types of white collar crimes, including the different classes of theft. To schedule a free consultation with a Will County identity theft defense lawyer, call our office today at 815-666-1285.

Sources:

https://www.consumer.gov/articles/1015-avoiding-identity-theft#!what-to-know

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-30