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(720 ILCS 5/16-25)
Sek. 16-25. retail theft.
(a) A person commits retail theft when he knowingly:
(1) Take possession, carry away, assign or
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| causes goods displayed, kept, stored or offered for sale in a retail outlet to be taken away or transferred with the intention of keeping such goods or with the intention of giving the dealer permanent possession, use or benefit of them withdraw goods without paying the full retail value of those goods; or
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(2) Changes, transfers or removal of labels and prices
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| Labels, marks, indications of value or other markings to assist in determining the value of any goods displayed, held, stocked or offered for sale in a retail outlet and with the intent to purchase such goods at a price below the full retail value to deprive the retailer of the full retail value of such goods; or
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(3) Transfers all goods exhibited, kept and stored
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| or offered for sale in a retail outlet from the container in which or on which such goods are displayed to another container with the intention of depriving the retailer of the full sale value of such goods; or
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(4) Unterringe with the intention of withdrawing
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| traders about the full sale value of the goods; or
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(5) Removes a shopping cart from the premises of a
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| retail store without the consent of the retailer at the time of such removal with the intention of permanently depriving the retailer of possession, use or benefit of such shopping cart; or
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(6) Represents to a trader that he, she or another
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| is the rightful owner of property, knows that such representation is false, and transfers or attempts to transfer such property to a dealer who owns the property in exchange for money, trade credit or other property of the dealer; or
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(7) Uses or possesses anti-theft shields
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| Device or theft detection device remover with the intention of using such a device to permanently deprive the retailer of possession, use or benefit of goods displayed, held, stored or offered for sale in a retail establishment without the full sales value of these goods to pay fan shop; or
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(8) Gain or exercise unauthorized control over it
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| property of the owner and thereby intends to permanently deprive the owner of use or benefit of the property if a lessee of another's personal property fails to return it to the owner or if the lessee fails to pay full sale value for the property within 10 days after written request from the owner to be returned to the lessor in order to comply with any contractual provisions that require it. A written notice by registered mail to Renter after the expiration of the Rental Agreement at the address provided by Renter and specified in the Rental Agreement shall be deemed a proper request.
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(b) Emergency Exit Theft. A person commits an emergency exit theft when he or she commits retail theft as defined in subsections (a)(1) through (a)(8) of this Section and exits the retail store by using a designated emergency exit to facilitate the theft.
(c) Permissive Conclusion. If someone:
(1) hidden in his person or in his circle
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| their belongings (goods not purchased) displayed, kept, stored or offered for sale in a retail outlet; And
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(2) removed the goods beyond the last known period
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| Station for receiving payment for these goods in this retail store,
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then the factual test may conclude that the person possessed, took or transferred those goods with the intention of keeping them, or with the intention of permanently depriving the trader of possession, use or benefit of those goods without to pay the full sale value of these goods.
To 'hide' a good means that the good is not visible to normal viewing, even if its presence is evident.
(d) Venue. Multiple thefts committed by the same person as part of a continuing course of action in different jurisdictions and consolidated in one jurisdiction may be prosecuted in any jurisdiction where one or more of the thefts took place.
(e) For purposes of this Section, “Theft Detection Shielding Device” means any laminated or coated bag or device designed and intended to protect goods from detection by an electronic or magnetic theft alarm sensor.
(f) sentence.
(1) A breach of any of subsections (a)(1) through
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| (a)(6) and (a)(8) of this Section whose full retail value does not exceed US$300 for real estate other than motor fuel or US$150 for motor fuel is a Class A misdemeanor. A violation of subsection ( a)(7) of this section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Stolen property through emergency exits whose full retail value does not exceed $300 is a Class 4 felony.
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(2) A person convicted of retail theft
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| property referred to in any of subsections (a)(1) through (a)(6) and (a)(8) of this section, the full sale value of which does not exceed US$300 for real estate other than motor fuel or US$150 for motor Fuel, and anyone previously convicted of any type of theft, robbery, armed robbery, burglary, home burglary, possession of burglary tools, home burglary, illegal use of a credit card, or forgery is guilty of a Class 4 felony. A person convicted of theft of property through emergency exit, the full retail value of which does not exceed US$300, and who has previously been convicted of any form of theft, robbery, armed robbery, burglary, home burglary, or possession tools, home theft that is unlawful Using a credit card or forgery is a Class 3 felony.
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(3) Any retail theft of property under any of the following
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| Subsections (a)(1) through (a)(6) and (a)(8) of this Section, the full sale value of which exceeds US$300 for real estate other than fuel or US$150 for fuel in a single transaction, or in separate transactions committed by the same person as part of a continuing conduct of one or more commercial establishments over a period of one year is a Class 3 felony. Theft of property through emergency exit, the full sale value of which is $300 in a single transaction or in separate transactions committed by the same person in the course of a continuing business activity in one or more commercial establishments over a period of one year is a Class 2 felony. If a charge of retail theft of property or theft by emergency exit of property is charged, the total value of which exceeds $300, the value of the property in question is an element of the offense to be resolved by the Trial Court as either of the two excesses or not exceeding $300.
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(Quelle: P.A. 97-597, eff. 1-1-12.)
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