What are the elements of the Illinois theft statute?
Under Illinois law, a person commits theft by: knowingly taking or obtaining control over another’s property. without authorization (including using threats, using deception, or knowing it’s stolen), and. with intent to permanently deprive the owner of their property.
Is identity theft a felony in Illinois?
Identity theft is a felony under Illinois law.
What is the federal statute for identity theft?
18 U.S.C. § 1028 provides penalties for any person who knowingly produces an identification or false document, or possesses documents with intent to defraud. When someone commits identity theft using the internet that crossed state lines, it can be prosecuted as a federal crime.
What is aggravated identity theft in Illinois?
A can be guilty of Aggravated Identity Theft when the victim of the Identity Theft crime is 60 years of age or older, a disabled person or in the Identity Theft is committed in furtherance of the activities of an organized gang.
What is the statute of limitations on theft in Illinois?
In Illinois, the general statute of limitations for misdemeanors is 18 months, while the generic limitations period for felonies is three years….Statutes of Limitations in Illinois.
| Offense | Statute |
|---|---|
| Theft: 18 months, 3 years, or 7 years | 720 Ill. Comp. Stat. 5/3-5(a-5), (b) |
Can you be charged with theft if the item is returned?
Returning an Item Due to Remorse Because intent is present, it is entirely possible to prosecute a person for stealing an item they later return. The return is irrelevant to the charges. The person took the item on purpose and permanently, and that is all the prosecution needs to know to seek justice.
What is the minimum sentence for identity theft?
Committing identity theft can lead to significant incarceration. Aggravated identity theft is punishable by a mandatory minimum sentence of 2 years, which can increase based on the severity of the crimes. In rare cases, first-time offenders that didn’t inflict major harm can avoid jail time for identity theft.
How long do you go to jail for identity theft?
A conviction for an identity theft crime can result in time spent in jail or prison. In general, a conviction for a misdemeanor offense can lead to up to a year in jail, while felony sentences can result in several years or more in prison.
How do I press charges for identity theft?
The first step you should take is to notify the Federal Trade Commission and complete an identity theft affidavit, which is part of their recovery plan. This affidavit is proof that your identity was stolen, and can be used for your creditors and credit reporting.
What is a Class 2 felony in Illinois?
Class 2. A Class 2 felony is punishable by three to seven years in prison and fines up to $25,000. Class 2 felonies include arson, and some drug possession (2000 grams but not more than 5000 grams of marijuana), as well as theft of $2,000 to $10,000.
Is aggravated identity theft a felony?
As a result, the aggravated identity theft statute mandates a prison term to be served consecutively; the sentence for the felony crime committed, plus a mandatory additional 2 years. Sometimes a lawyer can get an Acquittal if there is little or no evidence about “during and in relation to a crime.”
What to do if your identity is stolen?
If your identity is stolen, you should notify the authorities along with your bank and credit card providers, and immediately review your credit report to look for fraudulent activity.
What is aggravated identity fraud?
O.C.G.A. §16-9-121.1 defines aggravated identity fraud as when a person willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment.
What is ID theft assist?
A. ID Theft Assist is a service that saves an identity theft victim time, effort and costs in restoring credit and repairing the damage caused by an identity theft.