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Illinois Criminal Code of 1961

Article 16J: Illinois Crime Laws Regarding Online Property Offenses

With the advent of the Internet, criminal codes were forced to accommodate the possibility of crimes occurring on the Web. This section of Illinois law discusses several theft-related offenses occurring over the Internet. If someone sells stolen property online, or attempts to buy something online with a fraudulent payment method, he or she has committed online theft. A violation of this section is a Class 4 felony.

Need an Illinois criminal defense attorney? If you've been arrested for an online property offense in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 16J of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Illinois Criminal Code of 1961 - Article 16J

(720 ILCS 5/16J-5)

Sec. 16J-5. Definitions. In this Article: "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.

"Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers.

"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service. "Online" means the use of any electronic or wireless device to access the Internet. (Source: P.A. 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.) 720 ILCS 5/16J-10

(720 ILCS 5/16J-10)

Sec. 16J-10. Online sale of stolen property. A person commits the offense of online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means. (Source: P.A. 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.) 720 ILCS 5/16J-15

(720 ILCS 5/16J-15)

Sec. 16J-15. Online theft by deception. A person commits the offense of online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder. (Source: P.A. 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.)

(720 ILCS 5/16J-20)

Sec. 16J-20. Electronic fencing. A person commits the offense of electronic fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this Section. (Source: P.A. 94-179, eff. 7-12-05.) 720 ILCS 5/16J-25

(720 ILCS 5/16J-25)

Sec. 16J-25. Sentence. A violation of this Article is a Class 4 felony if the full retail value of the stolen property or property obtained by deception does not exceed $150. A violation of this Article is a Class 2 felony if the full retail value of the stolen property or property obtained by deception exceeds $150. (Source: P.A. 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.) 720 ILCS 5/Art. 16K

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DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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