Attorney Peter LaSorsa represents individuals in Illinois and in particular the Peoria, Tazewell, Fulton and Woodford county areas regarding theft and shoplifting cases. If you live in Peoria, Pekin, East Peoria, Washington, Morton, Bartonville, Mapleton, Hanna City, El Paso, Elmwood, Deer Creek, Farmington, Elmwood, Chillicothe, Bloomington, Dunlap, West Peoria, Peoria Heights, Mossville or Canton contact my office regarding your rights.

Retail Theft

    (720 ILCS 5/16A-1) (from Ch. 38, par. 16A-1)
    Sec. 16A-1. Legislative declaration.) It is the public policy of this State that the substantial burden placed upon the economy of this State resulting from the rising incidence of retail theft is a matter of grave concern to the people of this State who have a right to be protected in their health, safety and welfare from the effects of this crime.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2) (from Ch. 38, par. 16A-2)
    Sec. 16A-2. Definitions. For the purposes of this Article, the words and phrases defined in Section 16A-2.1 through 16A-2.11 have the meanings ascribed to them in those Sections unless a contrary meaning is clear from the context.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.1) (from Ch. 38, par. 16A-2.1)
    Sec. 16A-2.1. To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.2) (from Ch. 38, par. 16A-2.2)
    Sec. 16A-2.2. "Full Retail Value" means the merchant's stated or advertised price of the merchandise.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.3) (from Ch. 38, par. 16A-2.3)
    Sec. 16A-2.3. "Merchandise" means any item of tangible personal property.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.4) (from Ch. 38, par. 16A-2.4)
    Sec. 16A-2.4. "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.5) (from Ch. 38, par. 16A-2.5)
    Sec. 16A-2.5. "Minor" means a person who is less than 19 years of age, is unemancipated and resides with his parents or legal guardian.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.6) (from Ch. 38, par. 16A-2.6)
    Sec. 16A-2.6. "Person" means any natural person or individual.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.7) (from Ch. 38, par. 16A-2.7)
    Sec. 16A-2.7. "Peace officer" has the meaning ascribed to that term in Section 2-13 of this Code.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.8) (from Ch. 38, par. 16A-2.8)
    Sec. 16A-2.8. "Premises of a Retail Mercantile Establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.9) (from Ch. 38, par. 16A-2.9)
    Sec. 16A-2.9. "Retail Mercantile Establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.10) (from Ch. 38, par. 16A-2.10)
    Sec. 16A-2.10. "Shopping Cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.11) (from Ch. 38, par. 16A-2.11)
    Sec. 16A-2.11. "Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-2.12) (from Ch. 38, par. 16A-2.12)
    Sec. 16A-2.12. "Theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
(Source: P.A. 85-749.)

    (720 ILCS 5/16A-2.13) (from Ch. 38, par. 16A-2.13)
    Sec. 16A-2.13. "Theft detection device remover" means any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise.
(Source: P.A. 85-749.)

    (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.)

    (720 ILCS 5/16A-3.5)
    Sec. 16A-3.5. Theft by emergency exit. A person commits the offense of theft by emergency exit when he or she commits a retail theft as defined in Section 16A-3 and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.
(Source: P.A. 94-449, eff. 8-4-05.)

    (720 ILCS 5/16A-4) (from Ch. 38, par. 16A-4)
    Sec. 16A-4. Presumptions. If any person:
    (a) 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
    (b) removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment such person shall be presumed to have 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.
(Source: P.A. 80-352.)

    (720 ILCS 5/16A-5) (from Ch. 38, par. 16A-5)
    Sec. 16A-5. Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such 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:
    (a) To request identification;
    (b) To verify such identification;
    (c) To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise;
    (d) To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
    (e) In the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person.
    A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.
    A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this Section if the merchant detains a person because such person has in his possession either a theft detection shielding device or a theft detection device remover.
(Source: P.A. 91-468, eff. 1-1-00.)

    (720 ILCS 5/16A-6) (from Ch. 38, par. 16A-6)
    Sec. 16A-6. Affirmative Defense. A detention as permitted in this Article 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.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-7) (from Ch. 38, par. 16A-7)
    Sec. 16A-7. Civil Liability.
    (a) A person who commits the offense of retail theft as defined in Section 16A-3 paragraphs (a), (b), (c), or (h) of this Code, 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 as defined herein; 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 said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or 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", approved October 6, 1969, as now or hereafter amended.
    (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 hereunder.
    (d) Judgments arising under this Section may be assigned.
(Source: P.A. 93-329, eff. 7-24-03.)

    (720 ILCS 5/16A-8) (from Ch. 38, par. 16A-8)
    Sec. 16A-8. If any Section, clause, sentence, paragraph or part of this Article is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the Section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-9) (from Ch. 38, par. 16A-9)
    Sec. 16A-9. Continuation of prior law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment.
(Source: P.A. 79-840.)

    (720 ILCS 5/16A-10) (from Ch. 38, par. 16A-10)
    Sec. 16A-10. Sentence.
    (1) Retail theft of property, the full retail value of which does not exceed $150, is a Class A misdemeanor. Theft by emergency exit of property, the full retail value of which does not exceed $150, is a Class 4 felony.
    (2) A person who has been convicted of retail theft of property, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a Class 4 felony. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a Class 3 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge of retail theft as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
    (3) Any retail theft of property, the full retail value of which exceeds $150, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $150, is a Class 2 felony. When a charge of retail theft of property or theft by emergency exit of property, the full value of which exceeds $150, 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 $150.
(Source: P.A. 94-449, eff. 8-4-05.)

    (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
    Sec. 16-1. Theft.
    (a) A person commits theft when he 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 to believe that the property was stolen; or
        (5) Obtains or exerts control over property in the custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being 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.
    (b) Sentence.
        (1) Theft of property not from the person and not exceeding $300 in value is a Class A misdemeanor.
        (1.1) Theft of property not from the person and not exceeding $300 in value 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.
        (2) A person who has been convicted of theft of property not from the person and not exceeding $300 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 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
        (3) (Blank).
        (4) Theft of property from the person not exceeding $300 in value, or theft of property exceeding $300 and not exceeding $10,000 in value, is a Class 3 felony.
        (4.1) Theft of property from the person not exceeding $300 in value, or theft of property exceeding $300 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (5) Theft of property exceeding $10,000 and not exceeding $100,000 in value is a Class 2 felony.
        (5.1) Theft of property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6) Theft of property exceeding $100,000 and not exceeding $500,000 in value is a Class 1 felony.
        (6.1) Theft of property exceeding $100,000 in value is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
        (6.2) Theft of property exceeding $500,000 in value is a Class 1 non-probationable felony.
        (7) Theft by deception, as described by paragraph (2) of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older is a Class 2 felony.
    (c) 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.
(Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)

    (720 ILCS 5/16-1.1) (from Ch. 38, par. 16-1.1)
    Sec. 16-1.1. Theft by lessee; prima facie evidence. It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
(Source: P.A. 89-373, eff. 1-1-96.)

    (720 ILCS 5/16-1.2) (from Ch. 38, par. 16-1.2)
    Sec. 16-1.2. It shall be prima facie evidence of intent that a person "knowingly obtains by deception control over property of the owner" when he fails to return, within 45 days after written demand from the owner, the downpayment and any additional payments accepted under a promise, oral or in writing, to perform services for the owner for consideration of $3,000 or more, and the promisor willfully without good cause failed to substantially perform pursuant to the agreement after taking a downpayment of 10% or more of the agreed upon consideration. This provision shall not apply where the owner initiated the suspension of performance under the agreement, or where the promisor responds to the notice within the 45 day notice period. A notice in writing, addressed and mailed, by registered mail, to the promisor at the last known address of the promisor, shall constitute proper demand.
(Source: P.A. 84-992.)

    (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
    Sec. 16-1.3. Financial exploitation of an elderly person or a person with a disability.
    (a) A person commits the offense of financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
    Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
    (b) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age or older.
        (2) "Person with a disability" means a person who suffers from a permanent physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
        (3) "Intimidation" means the communication to an elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.
        (4) "Deception" means, in addition to its meaning as defined in Section 15-4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
    (c) For purposes of this Section, a person stands in a position of trust and confidence with an elderly person or person with a disability when he (1) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (2) is a joint tenant or tenant in common with the elderly person or person with a disability, (3) has a legal or fiduciary relationship with the elderly person or person with a disability, or (4) is a financial planning or investment professional.
    (d) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
    (e) Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
    (f) It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
    (g) Civil Liability. A person who is charged by information or indictment with the offense of financial exploitation of an elderly person or person with a disability and who fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. The burden of proof that the defendant unlawfully obtained the victim's property shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been convicted of the offense.
(Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)

    (720 ILCS 5/16-2) (from Ch. 38, par. 16-2)
    Sec. 16-2. Theft of lost or mislaid property.
    A person who obtains control over lost or mislaid property commits theft when he:
    (a) Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner, and
    (b) Fails to take reasonable measures to restore the property to the owner, and
    (c) Intends to deprive the owner permanently of the use or benefit of the property.
    (d) Sentence.
    Theft of lost or mislaid property is a petty offense.
(Source: P. A. 78-255.)

    (720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
    Sec. 16-3. (a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.
    (b) A person commits theft when after renting or leasing a motor vehicle, obtaining a motor vehicle through a "driveaway" service mode of transportation or renting or leasing any other type of personal property exceeding $500 in value, under an agreement in writing which provides for the return of the vehicle or other personal property to a particular place at a particular time, he without good cause wilfully fails to return the vehicle or other personal property to that place within the time specified, and is thereafter served or sent a written demand mailed to the last known address, made by certified mail return receipt requested, to return such vehicle or other personal property within 3 days from the mailing of the written demand, and who without good cause wilfully fails to return the vehicle or any other personal property to any place of business of the lessor within such period.
    (c) Sentence.
    A person convicted of theft under subsection (a) of this Section is guilty of a Class A misdemeanor. A person convicted of theft under subsection (b) of this Section is guilty of a Class 4 felony.
(Source: P.A. 84-800.)

    (720 ILCS 5/16-3.1) (from Ch. 38, par. 16-3.1)
    Sec. 16-3.1. False Report of Theft and Other Losses. (a) A person who knowingly makes a false report of a theft, destruction, damage or conversion of any property to a law enforcement agency or other governmental agency with the intent to defraud an insurer is guilty of a Class A misdemeanor.
    (b) A person convicted of a violation of this Section a second or subsequent time is guilty of a Class 4 felony.
(Source: P.A. 83-1004.)

    (720 ILCS 5/16-4) (from Ch. 38, par. 16-4)
    Sec. 16-4. Offender's interest in the property.
    (a) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.
    (b) Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.
(Source: Laws 1961, p. 1983.)

    (720 ILCS 5/16-5) (from Ch. 38, par. 16-5)
    Sec. 16-5. Theft from coin-operated machines.
    (a) A person commits theft from a coin-operated machine when he knowingly and without authority and with intent to commit a theft from such machine opens, breaks into, tampers with, or damages a coin-operated machine.
    (b) As used in this Section, the term "coin-operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer.
    (c) Sentence. A person convicted of theft from a coin-operated machine shall be guilty of a Class A misdemeanor. A person who has been convicted of theft from a coin-operated machine and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion is guilty of a Class 4 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
(Source: P.A. 90-655, eff. 7-30-98.)

    (720 ILCS 5/16-6) (from Ch. 38, par. 16-6)
    Sec. 16-6. Coin-operated machines; possession of a key or device.
    (a) A person who possesses a key, a tool, an instrument, an explosive, a device, a substance, or a drawing, print, or mold of a key, a tool, an instrument, an explosive, a device, or a substance designed to open, break into, tamper with, or damage a coin-operated machine as defined in paragraph (b) of Section 16-5 of this Act, with intent to commit a theft from the machine, is guilty of a Class A misdemeanor. A person using any of the devices or substances listed in this subsection (a) with the intent to commit a theft from a coin-operated machine and who causes damage or loss to the coin-operated machine of more than $300 is guilty of a Class 4 felony.
    (b) The owner of a coin-operated machine may maintain a civil cause of action against a person engaged in the activities covered in this Section and may recover treble actual damages, reasonable attorney's fees, and costs.
    (c) As used in this Section, "substance" means a corrosive or acidic liquid or solid but does not include items purchased through a coin-operated machine at the location or acquired as condiments at the location of the coin-operated machine.
(Source: P.A. 89-32, eff. 1-1-96.)