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Q: Illinois shoplifing definition. ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Illinois shoplifing definition.
Category: Relationships and Society > Law
Asked by: genericon-ga
List Price: $3.50
Posted: 14 May 2004 18:08 PDT
Expires: 13 Jun 2004 18:08 PDT
Question ID: 346605
What constitutes "shoplifing" in Illinois? Is it the same thing as
"theft" or is there specific law for shoplifting?
Answer  
Subject: Re: Illinois shoplifing definition.
Answered By: juggler-ga on 14 May 2004 18:36 PDT
Rated:5 out of 5 stars
 
Hello.

First of all, I must note that Google Answers provides general
information, not professional legal advice. The information below is
not intended as legal advice and should not be relied upon as such. If
you need professional legal advice, you should contact a qualified
attorney in your area.

-----------------

Yes, there is a specific law for shoplifting.

In Illinois, the official name for shoplifting is "retail theft."

From the Police Department of Deerfield, Illinois:

"Retail theft (or shoplifting) is theft by a person, other than an
employee, of goods or merchandise exposed for sale."
http://www.deerfield-il.org/police/Retail.htm


The Illinois Criminal Code defines what constitutes "retail theft" in
720 ILCS 5/16A?3:

(720 ILCS 5/16A?3) (from Ch. 38, par. 16A?3)
    Sec. 16A?3. Offense of Retail Theft. A person commits the offense
of retail theft when he or she knowingly:
    (a) 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
    (b) 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 personally or in consort with another at less than
the full retail value with the intention of depriving the merchant of
the full retail value of such merchandise; or
    (c) 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
    (d) Under?rings with the intention of depriving the merchant of
the full retail value of the merchandise; or
    (e) Removes a shopping cart from the premises of a retail
mercantile establishment without the consent of the merchant given at
the time of such removal with the intention of depriving the merchant
permanently of the possession, use or benefit of such cart; or
    (f) Represents to a merchant that he or another is the lawful
owner of property, knowing that such representation is false, and
conveys or attempts to convey that property to a merchant who is the
owner of the property in exchange for money, merchandise credit or
other property of the merchant; or
    (g) 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. A violation of this subsection shall be a Class A
misdemeanor for a first offense and a Class 4 felony for a second or
subsequent offense; or
    (h) Obtains or exerts unauthorized control over property of the
owner and thereby intends to deprive the owner permanently of the use
or benefit of the property when a lessee of the personal property of
another fails to return it to the owner, or if the lessee fails to pay
the full retail value of such property to the lessor in satisfaction
of any contractual provision requiring such, within 10 days after
written demand from the owner for its return. A notice in writing,
given after the expiration of the leasing agreement, by registered
mail, to the lessee at the address given by the lessee and shown on
the leasing agreement shall constitute proper demand.
(Source: P.A. 89?373, eff. 1?1?96.)

source: Illinois Compiled Statutes, 720 ILCS 5, Criminal Code of 1961.
ARTICLE 16A. RETAIL THEFT
http://www.legis.state.il.us/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16A&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60673&SeqStart=36000&SeqEnd=39300&ActName=Criminal+Code+of+1961%2E

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search strategy:
"illinois criminal" shoplifting
illinois "retail theft" shoplifting
illinois statutes

I hope this helps.
genericon-ga rated this answer:5 out of 5 stars

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