104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0236
 
Introduced 1/22/2025, by Sen. Seth Lewis
 
SYNOPSIS AS INTRODUCED:

720 ILCS 5/16-30
 Amends the Criminal Code of 2012. In the identity theft statute, changes several references to "individuals" to references to "persons".


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A BILL FOR
 
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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by 
5changing Section 16-30 as follows:

6 (720 ILCS 5/16-30)
7 Sec. 16-30. Identity theft; aggravated identity theft. 
8 (a) A person commits identity theft when he or she 
9knowingly:
10  (1) uses any personal identifying information or 
11 personal identification document of another person to 
12 fraudulently obtain credit, money, goods, services, or 
13 other property;
14  (2) uses any personal identifying information or 
15 personal identification document of another with intent to 
16 commit any felony not set forth in paragraph (1) of this 
17 subsection (a);
18  (3) obtains, records, possesses, sells, transfers, 
19 purchases, or manufactures any personal identifying 
20 information or personal identification document of another 
21 with intent to commit any felony;
22  (4) uses, obtains, records, possesses, sells, 
23 transfers, purchases, or manufactures any personal 
 
 
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1 identifying information or personal identification 
2 document of another knowing that such personal identifying 
3 information or personal identification documents were 
4 stolen or produced without lawful authority;
5  (5) uses, transfers, or possesses document-making 
6 implements to produce false identification or false 
7 documents with knowledge that they will be used by the 
8 person or another to commit any felony;
9  (6) uses any personal identifying information or 
10 personal identification document of another to portray 
11 himself or herself as that person, or otherwise, for the 
12 purpose of gaining access to any personal identifying 
13 information or personal identification document of that 
14 person, without the prior express permission of that 
15 person;
16  (7) uses any personal identifying information or 
17 personal identification document of another for the 
18 purpose of gaining access to any record of the actions 
19 taken, communications made or received, or other 
20 activities or transactions of that person, without the 
21 prior express permission of that person; 
22  (7.5) uses, possesses, or transfers a radio frequency 
23 identification device capable of obtaining or processing 
24 personal identifying information from a radio frequency 
25 identification (RFID) tag or transponder with knowledge 
26 that the device will be used by the person or another to 
 
 
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1 commit a felony violation of State law or any violation of 
2 this Article; or 
3  (8) in the course of applying for a building permit 
4 with a unit of local government, provides the license 
5 number of a roofing or fire sprinkler contractor whom he 
6 or she does not intend to have perform the work on the 
7 roofing or fire sprinkler portion of the project; it is an 
8 affirmative defense to prosecution under this paragraph 
9 (8) that the building permit applicant promptly informed 
10 the unit of local government that issued the building 
11 permit of any change in the roofing or fire sprinkler 
12 contractor.
13 (b) Aggravated identity theft. A person commits aggravated 
14identity theft when he or she commits identity theft as set 
15forth in subsection (a) of this Section:
16  (1) against a person 60 years of age or older or a 
17 person with a disability; or
18  (2) in furtherance of the activities of an organized 
19 gang. 
20 A defense to aggravated identity theft does not exist 
21merely because the accused reasonably believed the victim to 
22be a person less than 60 years of age. For the purposes of this 
23subsection, "organized gang" has the meaning ascribed in 
24Section 10 of the Illinois Streetgang Terrorism Omnibus 
25Prevention Act. 
26 (c) Knowledge shall be determined by an evaluation of all 
 
 
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1circumstances surrounding the use of the other person's 
2identifying information or document.
3 (d) When a charge of identity theft or aggravated identity 
4theft of credit, money, goods, services, or other property 
5exceeding a specified value is brought, the value of the 
6credit, money, goods, services, or other property is an 
7element of the offense to be resolved by the trier of fact as 
8either exceeding or not exceeding the specified value.
9 (e) Sentence.
10  (1) Identity theft.
11   (A) A person convicted of identity theft in 
12 violation of paragraph (1) of subsection (a) shall be 
13 sentenced as follows:
14    (i) Identity theft of credit, money, goods, 
15 services, or other property not exceeding $300 in 
16 value is a Class 4 felony. A person who has been 
17 previously convicted of identity theft of less 
18 than $300 who is convicted of a second or 
19 subsequent offense of identity theft of less than 
20 $300 is guilty of a Class 3 felony. A person who 
21 has been convicted of identity theft of less than 
22 $300 who has been previously convicted of any type 
23 of theft, robbery, armed robbery, burglary, 
24 residential burglary, possession of burglary 
25 tools, home invasion, home repair fraud, 
26 aggravated home repair fraud, or financial 
 
 
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1 exploitation of an elderly person or person with a 
2 disability is guilty of a Class 3 felony. Identity 
3 theft of credit, money, goods, services, or other 
4 property not exceeding $300 in value when the 
5 victim of the identity theft is an active duty 
6 member of the Armed Services or Reserve Forces of 
7 the United States or of the Illinois National 
8 Guard serving in a foreign country is a Class 3 
9 felony. A person who has been previously convicted 
10 of identity theft of less than $300 who is 
11 convicted of a second or subsequent offense of 
12 identity theft of less than $300 when the victim 
13 of the identity theft is an active duty member of 
14 the Armed Services or Reserve Forces of the United 
15 States or of the Illinois National Guard serving 
16 in a foreign country is guilty of a Class 2 felony. 
17 A person who has been convicted of identity theft 
18 of less than $300 when the victim of the identity 
19 theft is an active duty member of the Armed 
20 Services or Reserve Forces of the United States or 
21 of the Illinois National Guard serving in a 
22 foreign country who has been previously convicted 
23 of any type of theft, robbery, armed robbery, 
24 burglary, residential burglary, possession of 
25 burglary tools, home invasion, home repair fraud, 
26 aggravated home repair fraud, or financial 
 
 
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1 exploitation of an elderly person or person with a 
2 disability is guilty of a Class 2 felony. 
3    (ii) Identity theft of credit, money, goods, 
4 services, or other property exceeding $300 and not 
5 exceeding $2,000 in value is a Class 3 felony. 
6 Identity theft of credit, money, goods, services, 
7 or other property exceeding $300 and not exceeding 
8 $2,000 in value when the victim of the identity 
9 theft is an active duty member of the Armed 
10 Services or Reserve Forces of the United States or 
11 of the Illinois National Guard serving in a 
12 foreign country is a Class 2 felony. 
13    (iii) Identity theft of credit, money, goods, 
14 services, or other property exceeding $2,000 and 
15 not exceeding $10,000 in value is a Class 2 
16 felony. Identity theft of credit, money, goods, 
17 services, or other property exceeding $2,000 and 
18 not exceeding $10,000 in value when the victim of 
19 the identity theft is an active duty member of the 
20 Armed Services or Reserve Forces of the United 
21 States or of the Illinois National Guard serving 
22 in a foreign country is a Class 1 felony. 
23    (iv) Identity theft of credit, money, goods, 
24 services, or other property exceeding $10,000 and 
25 not exceeding $100,000 in value is a Class 1 
26 felony. Identity theft of credit, money, goods, 
 
 
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1 services, or other property exceeding $10,000 and 
2 not exceeding $100,000 in value when the victim of 
3 the identity theft is an active duty member of the 
4 Armed Services or Reserve Forces of the United 
5 States or of the Illinois National Guard serving 
6 in a foreign country is a Class X felony.
7    (v) Identity theft of credit, money, goods, 
8 services, or other property exceeding $100,000 in 
9 value is a Class X felony.
10   (B) A person convicted of any offense enumerated 
11 in paragraphs (2) through (7.5) of subsection (a) is 
12 guilty of a Class 3 felony. A person convicted of any 
13 offense enumerated in paragraphs (2) through (7.5) of 
14 subsection (a) when the victim of the identity theft 
15 is an active duty member of the Armed Services or 
16 Reserve Forces of the United States or of the Illinois 
17 National Guard serving in a foreign country is guilty 
18 of a Class 2 felony. 
19   (C) A person convicted of any offense enumerated 
20 in paragraphs (2) through (5) and (7.5) of subsection 
21 (a) a second or subsequent time is guilty of a Class 2 
22 felony. A person convicted of any offense enumerated 
23 in paragraphs (2) through (5) and (7.5) of subsection 
24 (a) a second or subsequent time when the victim of the 
25 identity theft is an active duty member of the Armed 
26 Services or Reserve Forces of the United States or of 
 
 
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1 the Illinois National Guard serving in a foreign 
2 country is guilty of a Class 1 felony. 
3   (D) A person who, within a 12-month period, is 
4 found in violation of any offense enumerated in 
5 paragraphs (2) through (7.5) of subsection (a) with 
6 respect to the identifiers of, or other information 
7 relating to, 3 or more separate persons individuals, 
8 at the same time or consecutively, is guilty of a Class 
9 2 felony. A person who, within a 12-month period, is 
10 found in violation of any offense enumerated in 
11 paragraphs (2) through (7.5) of subsection (a) with 
12 respect to the identifiers of, or other information 
13 relating to, 3 or more separate persons individuals, 
14 at the same time or consecutively, when the victim of 
15 the identity theft is an active duty member of the 
16 Armed Services or Reserve Forces of the United States 
17 or of the Illinois National Guard serving in a foreign 
18 country is guilty of a Class 1 felony. 
19   (E) A person convicted of identity theft in 
20 violation of paragraph (2) of subsection (a) who uses 
21 any personal identifying information or personal 
22 identification document of another to purchase 
23 methamphetamine manufacturing material as defined in 
24 Section 10 of the Methamphetamine Control and 
25 Community Protection Act with the intent to unlawfully 
26 manufacture methamphetamine is guilty of a Class 2 
 
 
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1 felony for a first offense and a Class 1 felony for a 
2 second or subsequent offense. A person convicted of 
3 identity theft in violation of paragraph (2) of 
4 subsection (a) who uses any personal identifying 
5 information or personal identification document of 
6 another to purchase methamphetamine manufacturing 
7 material as defined in Section 10 of the 
8 Methamphetamine Control and Community Protection Act 
9 with the intent to unlawfully manufacture 
10 methamphetamine when the victim of the identity theft 
11 is an active duty member of the Armed Services or 
12 Reserve Forces of the United States or of the Illinois 
13 National Guard serving in a foreign country is guilty 
14 of a Class 1 felony for a first offense and a Class X 
15 felony for a second or subsequent offense. 
16   (F) A person convicted of identity theft in 
17 violation of paragraph (8) of subsection (a) of this 
18 Section is guilty of a Class 4 felony.
19  (2) Aggravated identity theft.
20   (A) Aggravated identity theft of credit, money, 
21 goods, services, or other property not exceeding $300 
22 in value is a Class 3 felony.
23   (B) Aggravated identity theft of credit, money, 
24 goods, services, or other property exceeding $300 and 
25 not exceeding $10,000 in value is a Class 2 felony.
26   (C) Aggravated identity theft of credit, money, 
 
 
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