Illinois Offense of Theft: 720 ILCS 5/16‑1
A person commits theft when he or she knowingly obtains unauthorized control over property of another by either deception or threat.
Possession of stolen property is theft where the person knew the property was stolen or reasonably should have known the property was stolen.
Sentence for Theft
The sentence for theft depends on two factors:
1) whether the victim was a person; and
2) the value of the property that was stolen.
The fact that the victim of the theft was a person, as compared to a business or other organization, increases the penalty. Also, as the value of the property increases, the sentence also increases.
Many types of misdemeanor theft supervisions and felony convictions can be expunged or sealed.
Theft from a business or other organization in which the property is $300 or less in value is a Class A misdemeanor.
- This type of theft becomes a Class 4 felony where the theft was committed in a school or church, or if it was government property, and also, where the defendant has previously been convicted of any type of theft.
Theft from a person in which the property is $300 or less in value is a Class 3 felony.
Theft, regardless from whom, where the property value is between $301 and $10,000 is a Class 3 felony.
- This type of theft becomes a Class 2 felony if it was committed in a school or church, or if it was government property.
Theft, regardless from whom, where the property value is between $10,001 and $100,000 is a Class 2 felony.
- This type of theft becomes a Class 1 felony if it was committed in a school or church, or if it was government property.
Theft, regardless from whom, where the property value is between $100,001 and $500,000 is a Class 1 felony.
- This type of theft becomes a Class X felony if it was committed in a school or church, or if it was government property.
Theft, regardless from whom, where the property value is greater than $500,000 is a non-probationable Class 1 felony.
Theft in which the victim is a person 60 years of age or older and the property is valued at $5,000 or more is a Class 2 felony.
The prosecution must prove the value of the property at trial.