Illinois Identity Theft Laws: Statute, Penalties, and the AG Hotline

Illinois runs one of the most detailed identity theft statutes in the country, 720 ILCS 5/16-30, with penalty tiers that scale by dollar value and a separate, more serious "aggravated identity theft" offense for crimes against people 60 or older or people with a disability. Illinois also operates the most developed state-level identity theft reporting infrastructure among nearby states, including a dedicated victim hotline. This article covers the statute, its penalty structure, restitution rights, and how federal identity theft protections apply to Illinois residents.

This page addresses Illinois law specifically. For the federal reporting process, the FTC's free recovery tool, and the credit-freeze and fraud-alert rights available nationwide, see our identity theft laws hub and our guide to how to report identity theft.

Illinois's Identity Theft Statute: 720 ILCS 5/16-30

Illinois defines identity theft broadly. A person commits the offense when they knowingly use another person's personal identifying information or personal identification document to fraudulently obtain credit, money, goods, services, or other property; use it with intent to commit any other felony; obtain, record, possess, sell, transfer, purchase, or manufacture it with intent to commit any felony; do any of the above knowing the information was stolen or produced without authority; use, transfer, or possess document-making implements to produce false identification for felony use; use the information to portray themselves as that person or to access that person's records without permission; access that person's records of actions, communications, or transactions without permission; use or possess an RFID-reading device to obtain personal identifying information with felony intent; or misrepresent the roofing or fire-sprinkler contractor named on a building-permit application.

Illinois separately defines aggravated identity theft as identity theft committed against a person 60 or older or a person with a disability, or committed in furtherance of the activities of an organized gang.

Penalty Tiers by Dollar Value

For identity theft used to obtain money, goods, or property, Illinois ties the felony class to the dollar amount involved. An amount not exceeding $300 is a Class 4 felony, rising to a Class 3 felony for a second or subsequent conviction involving less than $300, or if the person has a prior theft-type conviction, with a further enhancement if the victim is an active-duty member of the U.S. Armed Forces, Reserve, or National Guard serving in a foreign country. An amount exceeding $300 but not $2,000 is a Class 3 felony. An amount exceeding $2,000 but not $10,000 is a Class 2 felony. An amount exceeding $10,000 but not $100,000 is a Class 1 felony. An amount exceeding $100,000 is a Class X felony, Illinois's most serious felony classification short of first-degree murder. Non-value offenses, meaning conduct under paragraphs (2) through (7.5) of the statute that does not involve a specific dollar amount, are a Class 3 felony. A second or subsequent conviction raises that to a Class 2 felony, but the repeat-offense escalation reaches only paragraphs (2) through (5) and (7.5). It does not reach paragraph (a)(6), using someone's information to portray yourself as that person, or paragraph (a)(7), accessing that person's records without permission. Separately, a person who within a 12-month period violates any of paragraphs (2) through (7.5) with respect to the identifiers of three or more separate individuals is guilty of a Class 2 felony. The building-permit misrepresentation offense is a Class 4 felony.

Aggravated identity theft against a victim 60 or older, a person with a disability, or in a gang-related context carries its own tiers: not exceeding $300 is a Class 3 felony; exceeding $300 but not $10,000 is a Class 2 felony; exceeding $10,000 but not $100,000 is a Class 1 felony; and exceeding $100,000 is a Class X felony. Non-value aggravated offenses are a Class 2 felony, and a second or subsequent aggravated offense, at any dollar value, is a Class X felony. Aggravated identity theft committed within a 12-month period against three or more separate individuals is a Class 1 felony.

Restitution

Illinois's general restitution statute, 730 ILCS 5/5-5-6, makes restitution mandatory rather than discretionary once its conditions are met. The statute provides that in all convictions for offenses under the Criminal Code where the victim received personal injury or property damage as a result of the defendant's criminal act, "the court shall order restitution." Since identity theft under 720 ILCS 5/16-30 is a Criminal Code of 2012 offense, this mandatory restitution provision applies to identity theft convictions that caused a financial loss. The statute also expressly preserves a victim's separate right to bring a civil action for damages the criminal restitution order did not cover.

Civil Remedies: 720 ILCS 5/16-33

Illinois also has a dedicated identity theft civil action. Under 720 ILCS 5/16-33, a person convicted of identity theft, aggravated identity theft, or facilitating identity theft may be sued by the victim of that violation. The victim can recover court costs, attorney's fees, lost wages, and actual damages.

Where the conviction was under subdivision (a)(6) or subdivision (a)(7) of Section 16-30, meaning the offender used the victim's information to portray themselves as the victim or accessed the victim's records without permission, the victim may recover $2,000 in statutory damages if actual damages are not proven. This section was added by Public Act 97-597, effective January 1, 2012.

Because 16-33 is keyed to a conviction, it sits alongside rather than replaces the ordinary civil claims a victim may bring without any criminal case. When the theft came through a deceptive business scheme, one of those claims may be a suit under the Illinois Consumer Fraud Act, which our guide to Illinois scam and fraud laws explains along with where to report the scam.

Reporting Identity Theft in Illinois

The Illinois Attorney General maintains the most developed identity-theft-specific infrastructure of any state covered on this cluster so far. Illinois runs a dedicated toll-free Identity Theft Hotline at 1-866-999-5630, with 7-1-1 relay service available for people who are deaf or hard of hearing. The office publishes a downloadable Identity Theft Complaint Form in English and Spanish, an "ID Theft Affidavit Instructions and Form," and an "Identity Theft Resource Guide for Illinois Consumers." It also maintains data-breach-notice guidance and a searchable database of reported breaches affecting Illinois residents, and it provides specially trained victim advocates who assist people through the recovery process. The office is clear that these advocates do not act as private attorneys for victims.

Illinois law also imposes a duty on local police, which matters because a police report is what unlocks much of the federal recovery process. Under 720 ILCS 5/16-35, the law enforcement agency with jurisdiction over the victim's residence must take a police report of the matter, give the victim a copy of that report, and begin an investigation, or else refer the matter to the law enforcement agency for the jurisdiction where the offense occurred.

That same section provides for a judicial determination of factual innocence. Where a perpetrator was arrested for, cited for, or convicted of a crime under the victim's identity, the court may determine that the victim is factually innocent if it finds no reasonable cause to believe the victim committed the offense, and on that finding the court issues an order certifying the determination. 720 ILCS 5/16-35 was added by Public Act 97-597, effective January 1, 2012.

Security Freeze for a Minor's Credit Report

Illinois has its own minor security freeze provision. Under 815 ILCS 505/2MM, part of the Consumer Fraud and Deceptive Business Practices Act, a security freeze on a minor's credit report may be requested by a parent of the minor, by a guardian of the minor appointed under Article XI of the Probate Act of 1975, or by a guardian appointed under the Juvenile Court Act of 1987 for a minor under the age of 18. A security freeze is a notice placed in the credit file that prohibits the consumer reporting agency from releasing the report without the consumer's authorization.

Illinois families also have the federal minors' and protected-consumers' freeze right under 15 U.S.C. § 1681c-1(j), added in 2018, which guarantees a free freeze for anyone under 16, or for an incapacitated person with a representative, nationwide.

Federal Protections That Apply in Illinois

Illinois's own robust identity-theft infrastructure sits on top of the federal identity theft framework available in every state. Under FCRA section 605B (15 U.S.C. § 1681c-2), a victim who submits an identity theft report can have a credit reporting agency block fraudulent information from their credit file. Under 15 U.S.C. § 1681c-1, every consumer nationwide has had the right to a free security freeze and to one-year or seven-year extended fraud alerts since a 2018 federal law made freezes free in every state. IdentityTheft.gov provides a free FTC Identity Theft Report, a personalized recovery plan, and pre-filled dispute letters. For the full mechanics of freezes, fraud alerts, and the FTC reporting process, see our how to report identity theft and credit freeze vs. fraud alert guides.

2025-26 Currency

As of this session's research, the codified text of 720 ILCS 5/16-30 lists its source as Public Act 101-324, effective January 1, 2020, with no amendment reflected since then. The general restitution statute, 730 ILCS 5/5-5-6, lists its source as Public Act 100-987 and 101-81, effective in 2019, also with no amendment reflected since then. The civil remedies section, 720 ILCS 5/16-33, and the law enforcement reporting section, 720 ILCS 5/16-35, both list Public Act 97-597, effective January 1, 2012, as their source. The security freeze provision at 815 ILCS 505/2MM lists its most recent amendment as Public Act 100-589, effective June 8, 2018.

Information last verified on 2026-08-13, drawn directly from the Illinois Compiled Statutes and the Illinois Attorney General's identity theft resources. This article has not yet been reviewed by a licensed lawyer and is general legal information, not legal advice for your specific situation.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert

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Last updated: 2026-08-13.

Frequently Asked Questions

What is the penalty for identity theft in Illinois?

It scales with dollar value. Amounts up to $300 are a Class 4 felony, rising through Class 3, Class 2, and Class 1 felonies as the amount increases, up to a Class X felony for amounts exceeding $100,000. Non-value offenses, such as using someone's information to commit another felony, are generally a Class 3 felony.

What is aggravated identity theft in Illinois?

It is identity theft committed against a victim 60 or older or a person with a disability, or committed in furtherance of gang activity. It carries its own, generally higher dollar-value felony tiers, up to Class X for amounts exceeding $100,000, and a second or subsequent offense at any value is automatically Class X.

Is restitution mandatory for identity theft victims in Illinois?

Yes. Illinois's general restitution statute, 730 ILCS 5/5-5-6, requires the court to order restitution for any Criminal Code conviction, including identity theft, that caused the victim personal injury or property damage.

Does Illinois have an identity theft hotline?

Yes. The Illinois Attorney General operates a dedicated toll-free Identity Theft Hotline at 1-866-999-5630, with complaint and affidavit forms available in English and Spanish and trained victim advocates to assist with recovery.

Can I sue for damages separately from a criminal identity theft case in Illinois?

Yes. Illinois has a dedicated identity theft civil action at 720 ILCS 5/16-33, which lets a victim sue a person convicted of identity theft, aggravated identity theft, or facilitating identity theft for court costs, attorney's fees, lost wages, and actual damages, plus $2,000 in statutory damages without proof of actual damages where the conviction was under subdivision (a)(6) or (a)(7) of Section 16-30. Illinois's restitution statute separately preserves a victim's right to bring a civil action for damages the criminal restitution order did not cover.

Does Illinois have a state law letting me freeze my child's credit?

Yes. Under 815 ILCS 505/2MM, a security freeze on a minor's credit report may be requested by a parent of the minor, by a guardian appointed under Article XI of the Probate Act of 1975, or by a guardian appointed under the Juvenile Court Act of 1987 for a minor under 18. Every Illinois family also has the federal minors' freeze right under 15 U.S.C. section 1681c-1(j), which guarantees a free freeze for anyone under 16 nationwide.