Illinois
Illinois Theft Laws: Felony Threshold, Penalties and Retail Theft
Independently fact-checked against primary sources (last audited October 14, 2026). · 19 primary sources cited on this page. How we verify our legal content
In Illinois, theft becomes a felony when the property is worth more than $500. Under 720 ILCS 5/16-1(b)(4), theft of property "exceeding $500 and not exceeding $10,000 in value" is a Class 3 felony, while theft of property not from the person worth $500 or less is a Class A misdemeanor. Shoplifting has a lower line: retail theft under 720 ILCS 5/16-25 is a Class 3 felony when the full retail value exceeds $300 (or $150 for motor fuel), and a listed prior conviction turns even a small theft or retail theft into a Class 4 felony. For other states, see our guide to theft laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Illinois state theft law in the Criminal Code of 2012, 720 ILCS 5 (the Part C definitions in Article 15, and Sections 16-0.1, 16-1, 16-25, 16-25.1, 16-26, 16-27 and 24-3.8), Section 4-103 of the Illinois Vehicle Code (625 ILCS 5/4-103), and the sentencing ranges in the Unified Code of Corrections, 730 ILCS 5/5-4.5. It does not cover federal theft offenses, local ordinances, or identity theft and fraud schemes, which have their own pages linked below.
What counts as theft in Illinois
Illinois covers taking, tricking, threatening and knowingly receiving in one statute. Section 16-1(a) of the Criminal Code provides:
"A person commits theft when he or she knowingly: (1) Obtains or exerts unauthorized control over property of the owner; or (2) Obtains by deception control over property of the owner; or (3) Obtains by threat control over property of the owner; or (4) Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen;"
A fifth form, in 16-1(a)(5), covers control over property in law enforcement custody that an officer represents as stolen. The statute then adds the intent element that applies to the theft forms:
"and (A) Intends to deprive the owner permanently of the use or benefit of the property; or (B) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or (C) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit."
The definitions that support the offense sit in Article 15 of the Code. Under Section 15-1, "As used in this Part C, 'property' means anything of value." Section 15-3 defines "permanently deprive" to mean to "(a) Defeat all recovery of the property by the owner; or (b) Deprive the owner permanently of the beneficial use of the property; or (c) Retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or (d) Sell, give, pledge, or otherwise transfer any interest in the property or subject it to the claim of a person other than the owner."
Shoplifting is charged under a separate section, retail theft (720 ILCS 5/16-25), which has its own value lines and is covered below.
Illinois theft grading table: felony threshold and penalties
Section 16-1(b) grades theft by the value of the property and by how it was taken. Sentencing ranges for each class are set in Article 4.5 of the Unified Code of Corrections, 730 ILCS 5/5-4.5.
| Value and circumstances (general theft, 16-1) | Class | Statutory sentencing range |
|---|---|---|
| Not from the person, not exceeding $500 | Class A misdemeanor (16-1(b)(1)) | Less than 1 year; fine up to $2,500 or the amount specified in the offense, whichever is greater (5-4.5-55) |
| Not from the person, not exceeding $500, committed in a school or place of worship or of governmental property | Class 4 felony (16-1(b)(1.1)) | 1 to 3 years (5-4.5-45); fine up to $25,000 or the amount specified, whichever is greater (5-4.5-50) |
| Not from the person, not exceeding $500, with a listed prior conviction | Class 4 felony (16-1(b)(2)) | 1 to 3 years (5-4.5-45); fine up to $25,000 or the amount specified (5-4.5-50) |
| From the person, not exceeding $500; or exceeding $500 and not exceeding $10,000 | Class 3 felony (16-1(b)(4)) | 2 to 5 years (5-4.5-40); fine up to $25,000 or the amount specified (5-4.5-50) |
| From the person, not exceeding $500, or exceeding $500 and not exceeding $10,000, committed in a school or place of worship or of governmental property | Class 2 felony (16-1(b)(4.1)) | 3 to 7 years (5-4.5-35); fine up to $25,000 or the amount specified (5-4.5-50) |
| Exceeding $10,000 and not exceeding $100,000 | Class 2 felony (16-1(b)(5)) | 3 to 7 years (5-4.5-35); fine up to $25,000 or the amount specified (5-4.5-50) |
| Exceeding $10,000 and not exceeding $100,000, committed in a school or place of worship or of governmental property | Class 1 felony (16-1(b)(5.1)) | 4 to 15 years (5-4.5-30); fine up to $25,000 or the amount specified (5-4.5-50) |
| Exceeding $100,000 and not exceeding $500,000 | Class 1 felony (16-1(b)(6)) | 4 to 15 years (5-4.5-30); fine up to $25,000 or the amount specified (5-4.5-50) |
| Exceeding $100,000, committed in a school or place of worship or of governmental property | Class X felony (16-1(b)(6.1)) | 6 to 30 years; probation not available (5-4.5-25); fine up to $25,000 or the amount specified (5-4.5-50) |
| Exceeding $500,000 and not exceeding $1,000,000 | Class 1 non-probationable felony (16-1(b)(6.2)) | Class 1 term of 4 to 15 years (5-4.5-30), graded non-probationable by 16-1(b)(6.2); fine up to $25,000 or the amount specified (5-4.5-50) |
| Exceeding $1,000,000 | Class X felony (16-1(b)(6.3)) | 6 to 30 years; probation not available (5-4.5-25); fine up to $25,000 or the amount specified (5-4.5-50) |
The felony ranges are "determinate" sentences under 730 ILCS 5/5-4.5: for a Class 3 felony, "not less than 2 years and not more than 5 years," and for a Class 4 felony, "not less than one year and not more than 3 years." The Class 1 range of 4 to 15 years is stated "subject to Section 5-4.5-115 of this Code." The felony fine provision, Section 5-4.5-50(b), allows a fine "not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater." For a Class X felony, Section 5-4.5-25 sets "not less than 6 years and not more than 30 years" and provides that "A period of probation or conditional discharge shall not be imposed." Each class section also sets a longer extended-term range that applies only in the circumstances listed in 730 ILCS 5/5-8-2: 3 to 6 years for Class 4, 5 to 10 years for Class 3, 7 to 14 years for Class 2, 15 to 30 years for Class 1, and 30 to 60 years for Class X. These are the base and extended ranges the General Assembly set, not a prediction of the sentence in any particular case.
The boundaries are written as "not exceeding" and "exceeding," so property worth exactly $500 (not from the person) is a Class A misdemeanor, and property worth exactly $10,000 is a Class 3 felony.
Value is an element of the offense
Because the class turns on value, value has to be proved. Section 16-1(c) provides: "When a charge of theft of property exceeding a specified value is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value."
Part C (Sections 15-1 through 15-9) defines value only for commercial and written instruments: the "market value" of a negotiable instrument that has one, and otherwise its "actual value" (15-9). It sets no general value formula for other property, and Section 16-1 contains no clause for adding separate general thefts together. Retail theft is different: Section 16-25 has its own one-year aggregation rule, described below.
When a theft of $500 or less is a felony
Four situations in Section 16-1(b) make a theft of $500 or less a felony.
Theft from the person. Section 16-1(b)(4) makes "Theft of property from the person not exceeding $500 in value" a Class 3 felony.
Schools, places of worship and governmental property. Under 16-1(b)(1.1), theft of property not from the person and not exceeding $500 "is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property."
A prior conviction. Section 16-1(b)(2) raises a theft of $500 or less to a Class 4 felony for a person with a listed prior conviction:
"A person who has been convicted of theft of property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 17-36 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony."
The subsection does not set a time limit on how old the prior conviction can be.
Posing as a landlord. Under 16-1(b)(8), theft by deception "in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500."
Theft by deception against older adults, people with disabilities and tenants
Section 16-1(b)(7) through (11) set separate grades for two kinds of theft by deception under 16-1(a)(2). Under 16-1(b)(7), theft by deception "in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older or a person with a disability is a Class 2 felony."
| Theft by deception (16-1(a)(2)) | Class | Statutory sentencing range |
|---|---|---|
| $5,000 or more from a victim 60 or older or a person with a disability | Class 2 felony (16-1(b)(7)) | 3 to 7 years (5-4.5-35); fine up to $25,000 or the amount specified (5-4.5-50) |
| Falsely posing as a landlord or the landlord's agent or employee to obtain rent or a security deposit not exceeding $500 | Class 3 felony (16-1(b)(8)) | 2 to 5 years (5-4.5-40); fine up to $25,000 or the amount specified (5-4.5-50) |
| Same conduct, exceeding $500 and not exceeding $10,000 | Class 2 felony (16-1(b)(9)) | 3 to 7 years (5-4.5-35); fine up to $25,000 or the amount specified (5-4.5-50) |
| Same conduct, exceeding $10,000 and not exceeding $100,000 | Class 1 felony (16-1(b)(10)) | 4 to 15 years (5-4.5-30); fine up to $25,000 or the amount specified (5-4.5-50) |
| Same conduct, exceeding $100,000 | Class X felony (16-1(b)(11)) | 6 to 30 years; probation not available (5-4.5-25); fine up to $25,000 or the amount specified (5-4.5-50) |
Stolen vehicles and firearms
Two offenses outside the value ladder are Class 2 felonies, which carry 3 to 7 years (5-4.5-35), and neither section sets a value line. Section 4-103(a)(1) of the Illinois Vehicle Code makes it a violation for "A person not entitled to the possession of a vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen or converted," and 4-103(b) provides that "A person convicted of a violation of this Section shall be guilty of a Class 2 felony." Under 720 ILCS 5/24-3.8(a), "A person commits possession of a stolen firearm when he or she, not being entitled to the possession of a firearm, possesses the firearm, knowing it to have been stolen or converted," and 24-3.8(b) provides that "Possession of a stolen firearm is a Class 2 felony."
Retail theft (shoplifting) in Illinois
Retail theft is a separate offense under 720 ILCS 5/16-25. Its first subdivision covers the conduct most people mean by shoplifting. A person commits retail theft when he or she knowingly:
"(1) Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise;"
Value for retail theft has a statutory meaning. Section 16-0.1 defines "Full retail value" as "the merchant's stated or advertised price of the merchandise."
Retail theft grades
| Retail theft offense and value (16-25) | Class | Statutory sentencing range |
|---|---|---|
| Under (a)(1)-(6) or (a)(8), full retail value not exceeding $300 ($150 for motor fuel) | Class A misdemeanor (16-25(f)(1)) | Less than 1 year; fine up to $2,500 or the amount specified, whichever is greater (5-4.5-55) |
| Under (a)(1)-(6) or (a)(8), not exceeding $300 ($150 for motor fuel), with a listed prior conviction | Class 4 felony (16-25(f)(2)) | 1 to 3 years (5-4.5-45); fine up to $25,000 or the amount specified (5-4.5-50) |
| Under (a)(1)-(6) or (a)(8), exceeding $300 ($150 for motor fuel) in a single transaction, or in separate transactions as part of a continuing course of conduct over one year | Class 3 felony (16-25(f)(3)) | 2 to 5 years (5-4.5-40); fine up to $25,000 or the amount specified (5-4.5-50) |
| Theft by emergency exit (16-25(b)), full retail value not exceeding $300 | Class 4 felony (16-25(f)(1)) | 1 to 3 years (5-4.5-45); fine up to $25,000 or the amount specified (5-4.5-50) |
| Theft by emergency exit, not exceeding $300, with a listed prior conviction | Class 3 felony (16-25(f)(2)) | 2 to 5 years (5-4.5-40); fine up to $25,000 or the amount specified (5-4.5-50) |
| Theft by emergency exit, exceeding $300 in a single transaction or in a one-year continuing course of conduct | Class 2 felony (16-25(f)(3)) | 3 to 7 years (5-4.5-35); fine up to $25,000 or the amount specified (5-4.5-50) |
| Using or possessing a theft detection shielding device or device remover (16-25(a)(7)) | Class A misdemeanor for a first offense; Class 4 felony for a second or subsequent offense (16-25(f)(1)) | Class A: less than 1 year (5-4.5-55); Class 4: 1 to 3 years (5-4.5-45) |
A person commits theft by emergency exit under 16-25(b) "when he or she commits a retail theft as defined in subdivisions (a)(1) through (a)(8) of this Section and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit." The emergency-exit grades use a $300 line and do not set a separate motor-fuel figure. Subdivision (a)(7) covers a person who knowingly "Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise," and 16-25(f)(1) grades it by offense count, not value.
The prior convictions that trigger the Class 4 grade are listed in 16-25(f)(2): "any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery." That list differs slightly from the general theft list in 16-1(b)(2).
Adding up retail thefts
Separate retail thefts can be combined. Under 16-25(f)(3), the Class 3 felony applies to retail theft over $300 "in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year." Section 16-25(d) adds a venue rule: "Multiple thefts committed by the same person as part of a continuing course of conduct in different jurisdictions that have been aggregated in one jurisdiction may be prosecuted in any jurisdiction in which one or more of the thefts occurred."
Entering a store to steal can also be burglary
The burglary statute reaches some store thefts that retail theft also covers. Under 720 ILCS 5/19-1(a), a person commits burglary when "without authority he or she knowingly enters or without authority remains within a building ... with intent to commit therein a felony or theft." Burglary committed in a building is a Class 2 felony (19-1(b)), with a prison range of 3 to 7 years (730 ILCS 5/5-4.5-35), and the section sets no value threshold.
In People v. Johnson, 2019 IL 123318, a Walmart case, the Illinois Supreme Court applied its earlier rule from People v. Weaver (1968) that "authority to enter a business building, or other building open to the public, extends only to those who enter with a purpose consistent with the reason the building is open." The court held that if the defendant "had the intent to commit a theft when he entered the Walmart, then, under Weaver, it must necessarily follow that his entry was 'without authority' within the meaning of section 19-1(a) of the burglary statute." It reversed the appellate court and sent the case back to that court to decide the defendant's remaining arguments, including whether the evidence showed he intended to steal when he entered.
Concealment and store detention
Section 16-25(c) lets the trier of fact draw an inference from concealment, but only when two conditions are both met. If a person "(1) conceals upon his or her person or among his or her belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and (2) removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment, then the trier of fact may infer that the person possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise." The word is "may": the inference is permitted, not required.
Section 16-26 governs store detentions. "Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain the person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes." The listed purposes are to request and verify identification, to make reasonable inquiry about unpurchased merchandise, to inform a peace officer and surrender the person to police custody, and, for a minor, to try to inform a parent or guardian (16-26(a)(1)-(5)). The off-premises part is limited: a merchant may detain someone off the premises "only if such detention is pursuant to an immediate pursuit of such person." Under 16-26(b), a permitted detention "does not constitute an arrest or an unlawful restraint, as defined in Section 10-3 of this Code, nor shall it render the merchant liable to the person so detained."
Organized retail crime
Section 16-25.1 reaches the people who direct retail theft for resale. Under 16-25.1(b)(1), a person is guilty of being a manager of organized retail crime when he or she "knowingly recruits, organizes, supervises, finances, or otherwise manages or directs any other individual or individuals to: (1) commit the act of retail theft from one or more retail mercantile establishments, if the aggregate value of the merchandise exceeds $300, and the manager or the individual has the intent to resell the merchandise or otherwise have the merchandise reenter the stream of commerce."
Under Section 16-25.1(d), "A violation of subsection (b) is a Class 2 felony," which carries 3 to 7 years (5-4.5-35). The same subsection grades the offenses in 16-25.1(a) as Class 3 or Class 2 felonies depending on the paragraph violated. The official text of Section 16-25.1 cites Public Act 102-757, effective May 13, 2022, as its source.
Civil liability a store can seek under 16-27
Illinois also gives merchants a civil claim. Section 16-27(a) provides that a person who commits retail theft as defined in subdivision (a)(1), (a)(2), (a)(3) or (a)(8) of Section 16-25 "shall be civilly liable to the merchant of the merchandise in an amount consisting of: (i) actual damages equal to the full retail value of the merchandise; plus (ii) an amount not less than $100 nor more than $1,000; plus (iii) attorney's fees and court costs."
The civil claim does not depend on a criminal case. Section 16-27(c) states: "A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit under this Section."
If a minor commits retail theft, Section 16-27(b) makes the parents or guardian civilly liable, but "Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the Parental Responsibility Law."
These provisions describe what a court can award in a civil suit. Whether a particular demand from a store matches them is a question for a lawyer licensed in Illinois.
Recent changes
The official text of Section 16-1 lists Public Act 101-394, effective January 1, 2020, as its most recent source, and the retail theft section, 16-25, lists Public Act 97-597, effective January 1, 2012. The organized retail crime section, 16-25.1, and the definitions section, 16-0.1, list Public Act 102-757, effective May 13, 2022.
Related legal issues
Theft by deception overlaps with fraud; the schemes, the separate fraud offenses and where to report them are covered in our guide to Illinois scam and fraud laws. Stealing someone's personal information is a separate offense covered in Illinois identity theft laws. For clearing or sealing a theft record, see Illinois expungement laws, and for filing deadlines see the Illinois statute of limitations guide. Federal theft offenses are covered on our theft laws hub.
Related
- Theft laws by state
- Illinois scam and fraud laws
- Illinois identity theft laws
- Illinois expungement laws
- Illinois statute of limitations
This article provides general legal information about Illinois theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Illinois.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the felony theft threshold in Illinois?
Theft of property exceeding $500 in value is a felony: more than $500 and not more than $10,000 is a Class 3 felony (720 ILCS 5/16-1(b)(4)). For retail theft, the line is more than $300, or more than $150 for motor fuel (16-25(f)(3)).
Is stealing $400 a felony in Illinois?
Under the general theft statute, theft of property not from the person and not exceeding $500 is a Class A misdemeanor (16-1(b)(1)). If the $400 is merchandise taken from a store, retail theft over $300 is a Class 3 felony (16-25(f)(3)). Either is also a felony at a lower value if a listed prior conviction or another enhancement applies. Entering a store with intent to steal can also be burglary, a Class 2 felony with no value threshold (720 ILCS 5/19-1; People v. Johnson, 2019 IL 123318).
Is shoplifting a felony in Illinois?
Retail theft is a Class 3 felony when the full retail value exceeds $300 ($150 for motor fuel), and a Class 4 felony at or under that amount if the person has a listed prior conviction such as theft, robbery, burglary or forgery (720 ILCS 5/16-25(f)(2)-(3)). Otherwise retail theft is a Class A misdemeanor (16-25(f)(1)). Separately, the Illinois Supreme Court holds that entering a store with the intent to commit a theft is an entry without authority under the burglary statute, 720 ILCS 5/19-1(a), and burglary in a building is a Class 2 felony at any value (People v. Johnson, 2019 IL 123318). Using or possessing a theft detection shielding device or device remover to steal is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense, regardless of value (16-25(a)(7), (f)(1)). Theft by emergency exit is graded higher: a Class 4 felony at $300 or less, a Class 3 felony at that value with a listed prior conviction, and a Class 2 felony over $300 (16-25(f)(1)-(3)).
What is the penalty for petty theft in Illinois?
The lowest grade in 720 ILCS 5/16-1(b) is a Class A misdemeanor, for theft of property not from the person and not exceeding $500. A Class A misdemeanor carries a jail term of less than one year and a fine of up to $2,500 or the amount specified in the offense, whichever is greater (730 ILCS 5/5-4.5-55).
Is theft from a person a felony in Illinois?
Yes. Theft of property from the person not exceeding $500 in value is a Class 3 felony (720 ILCS 5/16-1(b)(4)), with a base prison range of 2 to 5 years (730 ILCS 5/5-4.5-40). It is a Class 2 felony if the theft was committed in a school or place of worship (16-1(b)(4.1)).
Can a store sue me for shoplifting in Illinois?
Under 720 ILCS 5/16-27, a person who commits retail theft under certain subdivisions of 16-25 is civilly liable to the merchant for the full retail value, plus an amount from $100 to $1,000, plus attorney's fees and court costs. A conviction or guilty plea is not a prerequisite to the suit.
Can an Illinois store detain someone suspected of shoplifting?
A merchant with reasonable grounds to believe a person committed retail theft may detain the person in a reasonable manner and for a reasonable length of time for the purposes the statute lists (identification, inquiry about unpurchased merchandise, handing the person to police, and contacting a minor's parent or guardian), and off the premises only in immediate pursuit (720 ILCS 5/16-26). Such a detention is not an arrest or unlawful restraint.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Illinois Compiled Statutes Chapter 720, Act 5 (Criminal Code of 2012)
§ 16-1TheftIn force
(a) A person commits theft when he or she knowingly: (1) Obtains or exerts unauthorized control over property of the owner; or (2) Obtains by deception control over property of the owner; or (3) Obtains by threat control over property of the owner; or (4) Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or (5) Obtains or exerts control over property in the custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and (A) Intends to deprive the owner permanently of the use or benefit of the property; or (B) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or (C) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
§ 16-25Retail theftIn forcecited in 2 of our articles
(a) A person commits retail theft when he or she knowingly: (1) Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or (2) Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or (3) Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or (4) Under-rings…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 68 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Thomas (Appellate Court of Illinois 2014, 2014 IL App (2d) 121203)“…Bernard Thomas, guilty of one count of retail theft (720 ILCS 5/16-25(a)(1) (West 2010)). The sole issue rais…”
- People v. Johnson (Appellate Court of Illinois 2018, 2018 IL App (3d) 150352)“…re Illinois passed its retail theft statute in 1975 (720 ILCS 5/16-25 (West 2014)). In People v. Schneller, 6…”
- People v. Holt (Appellate Court of Illinois 2020, 2019 IL App (3d) 160504-B)“…ges that the legislature intended the retail theft statute (720 ILCS 5/16-25 et seq. (West 2014)) to provide…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Court: Five-Year Wait to Expunge Retail-Theft Supervision
§ 16-27Civil liabilityIn force
(a) A person who commits the offense of retail theft as defined in subdivision (a)(1), (a)(2), (a)(3), or (a)(8) of Section 16-25 shall be civilly liable to the merchant of the merchandise in an amount consisting of: (i) actual damages equal to the full retail value of the merchandise; plus (ii) an amount not less than $100 nor more than $1,000; plus (iii) attorney's fees and court costs. (b) If a minor commits the offense of retail theft, the parents or guardian of the minor shall be civilly liable as provided in this Section; however, a guardian appointed pursuant to the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the Parental Responsibility Law. For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian. (c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit under this Section. (d) Judgments arising under this Section may be assigned.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
§ 16-0.1DefinitionsIn forcecited in 2 of our articles
In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated: "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer. "Coin-operated machine" includes any automatic vending machine or any part thereof, parking meter, coin telephone, coin-operated transit turnstile, transit fare box, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Bochenek (Illinois Supreme Court 2021, 451 Ill. Dec. 15)“…bers, bank account numbers, and credit card numbers. 720 ILCS 5/16-0.1 (West 2016). This information is unique…”
- People v. Bensen (Appellate Court of Illinois 2017, 2017 IL App (2d) 150085)“…ludes the number assigned to a person’s credit card. 720 ILCS 5/16-0.1 (West 2012). The statute does not defin…”
- People v. Cadengo (Appellate Court of Illinois 2025, 2025 IL App (4th) 240568)“…l was decided. Compare 720 ILCS 5/16G-10 (West 2008), with 720 ILCS 5/16-0.1 (West 2020). Defendant argues that subs…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Sexting Laws: Legal Consequences and Penalties
Illinois Compiled Statutes Chapter 730, Act 5 (Unified Code of Corrections)
§ 5-4.5-40CLASS 3 FELONIES; SENTENCEIn forcecited in 2 of our articles
For a Class 3 felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 5 years and not more than 10 years. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1). (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program. (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 30 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). (e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)). (f) RESTITUTION.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 122 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Breeden (Appellate Court of Illinois 2014, 23 N.E.3d 1260)“…to register as a sex offender is a Class 3 felony); 730 ILCS 5/5-4.5-40(a) (West 2010) (“The sentence of impris…”
- People v. Hibbler (Appellate Court of Illinois 2019, 2019 IL App (4th) 160897)“…statutory maximum. 720 ILCS 5/12-9(c) (West 2014); 730 ILCS 5/5-4.5-40(a) (West 2014). ¶ 101 The trial…”
- People v. Price (Appellate Court of Illinois 2011, 354 Ill. Dec. 598)“…prisonment. 720 ILCS 5/12-4(b)(2), (e)(1) (West Supp.2009); 730 ILCS 5/5-4.5-40(a) (West 2010). Both of defendant's sen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Ring Doorbell Laws: What You Need to Know in 2026
§ 5-4.5-35CLASS 2 FELONIES; SENTENCEIn force
For a Class 2 felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years. The sentence of imprisonment for an extended term Class 2 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 7 years and not more than 14 years. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 18 to 30 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1). (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program. (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 4 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). (e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)). (f) RESTITUTION.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
§ 5-4.5-30CLASS 1 FELONIES; SENTENCEIn force
For a Class 1 felony: (a) TERM. The sentence of imprisonment, other than for second degree murder, shall be a determinate sentence of not less than 4 years and not more than 15 years, subject to Section 5-4.5-115 of this Code. The sentence of imprisonment for second degree murder shall be a determinate sentence of not less than 4 years and not more than 20 years, subject to Section 5-4.5-115 of this Code. The sentence of imprisonment for an extended term Class 1 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this Code, shall be a term not less than 15 years and not more than 30 years. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 3 to 4 years, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1). (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program. (d) PROBATION; CONDITIONAL DISCHARGE.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- 720 ILCS 5/16-1, Theft(www.ilga.gov).gov
- 720 ILCS 5/16-25, Retail theft(www.ilga.gov).gov
- 720 ILCS 5/15-1, Property (Part C definitions)(www.ilga.gov).gov
- 720 ILCS 5/15-3, Permanently deprive(www.ilga.gov).gov
- 730 ILCS 5/5-4.5-55, Class A misdemeanors; sentence(www.ilga.gov).gov
- 730 ILCS 5/5-4.5-45, Class 4 felonies; sentence(www.ilga.gov).gov
- 730 ILCS 5/5-4.5-50, Sentence provisions; all felonies (fines)(www.ilga.gov).gov
- 730 ILCS 5/5-4.5-40, Class 3 felonies; sentence(www.ilga.gov).gov
- 730 ILCS 5/5-4.5-35, Class 2 felonies; sentence(www.ilga.gov).gov
- 730 ILCS 5/5-4.5-30, Class 1 felonies; sentence(www.ilga.gov).gov
- 720 ILCS 5/16-0.1, Definitions (full retail value)(www.ilga.gov).gov
- 720 ILCS 5/16-26, Detention(www.ilga.gov).gov
- 720 ILCS 5/16-25.1, Organized retail crime(www.ilga.gov).gov
- 720 ILCS 5/16-27, Civil liability(www.ilga.gov).gov
- 720 ILCS 5/15-9, Value(www.ilga.gov).gov
- 720 ILCS 5/24-3.8, Possession of a stolen firearm(www.ilga.gov).gov
- 625 ILCS 5/4-103, Offenses relating to motor vehicles and other vehicles; felonies(www.ilga.gov).gov
- 730 ILCS 5/5-4.5-25, Class X felonies; sentence(www.ilga.gov).gov
- 720 ILCS 5/19-1, Burglary(www.ilga.gov).gov
- People v. Johnson, 2019 IL 123318 (Ill. Supreme Court opinion text)(www.courtlistener.com)
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.