(720 ILCS 5/Art. 17, Subdiv. 20 heading)
SUBDIVISION 20. FRAUDULENT TAMPERING
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-11) (from Ch. 38, par. 17-11)
Sec. 17-11. Odometer or hour meter fraud. A person commits odometer or hour meter fraud when he or she disconnects, resets, or alters, or causes to be disconnected, reset, or altered, the odometer of any
used motor vehicle or the hour meter of any used farm implement to conceal or change the actual miles
driven or hours of operation with the intent to defraud another. A violation of this Section is a Class A misdemeanor. A second or
subsequent violation is a Class 4 felony.
This Section does not apply to legitimate practices of automotive or implement
parts recyclers who recycle used odometers or hour meters for resale.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-11.1)
Sec. 17-11.1.
(Repealed).
(Source: P.A. 89-626, eff. 8-9-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-11.2)
Sec. 17-11.2. Installation of object in lieu of air bag. A person commits installation of object in lieu of airbag when he or she,
for consideration, knowingly
installs or reinstalls in a vehicle any object in lieu of an air bag that was
designed in
accordance with federal safety regulations for the make, model, and year of the
vehicle as
part of a vehicle inflatable restraint system. A violation of this Section is a Class A
misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-11.5) (was 720 ILCS 5/16-22)
Sec. 17-11.5. Tampering with a security, fire, or life safety system.
(a) A person commits tampering with a security, fire, or life safety system when he or she knowingly damages, sabotages, destroys, or causes a permanent or temporary malfunction in any physical or electronic security, fire, or life safety system or any component part of any of those systems including, but not limited to, card readers, magnetic stripe readers, Wiegand card readers, smart card readers, proximity card readers, digital keypads, keypad access controls, digital locks, electromagnetic locks, electric strikes, electronic exit hardware, exit alarm systems, delayed egress systems, biometric access control equipment, intrusion detection systems and sensors, burglar alarm systems, wireless burglar alarms, silent alarms, duress alarms, hold-up alarms, glass break detectors, motion detectors, seismic detectors, glass shock sensors, magnetic contacts, closed circuit television (CCTV), security cameras, digital cameras, dome cameras, covert cameras, spy cameras, hidden cameras, wireless cameras, network cameras, IP addressable cameras, CCTV camera lenses, video cassette recorders, CCTV monitors, CCTV consoles, CCTV housings and enclosures, CCTV pan-and-tilt devices, CCTV transmission and signal equipment, wireless video transmitters, wireless video receivers, radio frequency (RF) or microwave components, or both, infrared illuminators, video motion detectors, video recorders, time lapse CCTV recorders, digital video recorders (DVRs), digital image storage systems, video converters, video distribution amplifiers, video time-date generators, multiplexers, switchers, splitters, fire alarms, smoke alarm systems, smoke detectors, flame detectors, fire detection systems and sensors, fire sprinklers, fire suppression systems, fire extinguishing systems, public address systems, intercoms, emergency telephones, emergency call boxes, emergency pull stations, telephone entry systems, video entry equipment, annunciators, sirens, lights, sounders, control panels and components, and all associated computer hardware, computer software, control panels, wires, cables, connectors, electromechanical components, electronic modules, fiber optics, filters, passive components, and power sources including batteries and back-up power supplies.
(b) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-12)
Sec. 17-12. (Repealed).
(Source: P.A. 93-967, eff. 1-1-05. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-13)
Sec. 17-13. Fraud in transfers of real and personal property.
(a) Conditional sale; sale without consent of title holder. No person purchasing personal property under a conditional sales
contract shall, during the existence of such conditional sales contract and
before the conditions thereof have been fulfilled, knowingly sell, transfer,
conceal, or in any manner dispose of such property, or cause or allow
the same to be done, without the written consent of the holder of title.
(b) Acknowledgment of fraudulent conveyance. No officer
authorized to take the proof and acknowledgment of
a conveyance of real or personal property or other instrument
shall knowingly certify that the conveyance or other instrument was
duly proven or acknowledged by a party to the conveyance or other
instrument when no such acknowledgment or proof was
made, or was not made at the time it was certified to have been made, with
intent to injure or defraud or to enable any other person to injure or
defraud.
(c) Fraudulent land sales. No person, after once
selling, bartering, or disposing of a
tract or tracts of land or a town lot or lots, or executing a bond or
agreement for the sale of lands or a town lot or lots, shall
again knowingly and with intent to defraud sell, barter, or dispose of the same tract or tracts of land or town lot or
lots, or any part of those tracts of land or town lot or lots,
or
knowingly and with intent to defraud execute a bond or agreement to
sell, barter, or dispose of the same land or lot or lots, or any
part of that land or lot or lots, to any other person for a
valuable consideration.
(d) Sentence. A violation of subsection (a) of this Section is a Class A misdemeanor. A violation of subsection (b) of this Section is a Class 4 felony. A violation of subsection (c) of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-14)
Sec. 17-14.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-15)
Sec. 17-15.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-16)
(This Section was renumbered as Section 17-58 by P.A. 96-1551.)
Sec. 17-16.
(Renumbered).
(Source: P.A. 89-234, eff. 1-1-96. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-17)
Sec. 17-17. Fraud in stock transactions.
(a) No officer, director, or agent of a bank, railroad, or other corporation, nor any other person, shall
knowingly, and with intent to defraud, issue, sell, transfer, assign, or pledge, or cause or procure to be issued, sold,
transferred, assigned, or
pledged, any false, fraudulent, or simulated certificate or other evidence
of ownership of a share or shares of the capital stock of a bank, railroad, or other corporation.
(b) No officer, director, or agent of a bank, railroad, or other corporation shall knowingly sign, with intent to issue, sell, pledge, or cause to be issued, sold, or pledged, any false, fraudulent, or simulated certificate or other evidence of the ownership or transfer of a share or shares of the capital stock of that corporation, or an instrument purporting to be a certificate or other evidence of the ownership or transfer, the signing, issuing, selling, or pledging of which by the officer, director, or agent is not authorized by law.
(c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-18)
Sec. 17-18.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-19)
Sec. 17-19.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-20)
Sec. 17-20. Obstructing gas, water, or electric current meters. A person commits obstructing gas, water, or electric current meters when he or she knowingly, and
with intent to injure or defraud a
company, body corporate, copartnership, or individual, injures, alters,
obstructs, or prevents the
action of a meter provided for the purpose of measuring and
registering the quantity of gas, water, or electric current consumed by or
at a burner, orifice, or place, or supplied to a
lamp, motor, machine, or appliance, or causes,
procures, or aids the injuring or altering of any
such meter or the obstruction or prevention of its action, or makes or causes
to be made with a gas pipe, water
pipe, or
electrical conductor any connection so as to conduct or supply illumination or
inflammable gas, water, or electric current to any burner,
orifice, lamp, motor, or other machine or appliance
from which the gas, water, or electricity may be consumed or
utilized without passing through or being registered by a meter or without the
consent or acquiescence of the company, municipal corporation, body corporate,
copartnership, or individual furnishing or transmitting the
gas, water, or electric current through the gas pipe, water
pipe, or electrical conductor. A violation of this Section is a Class B
misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-21)
Sec. 17-21. Obstructing service meters. A person commits obstructing service meters when he or she knowingly, and,
with the intent to defraud, tampers with, alters, obstructs or prevents the
action of a meter, register, or other counting device that is a part of a
mechanical or electrical machine,
equipment, or device that measures service, without the
consent of the owner of the machine, equipment, or device. A violation of this Section
is a Class B misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-22)
(This Section renumbered as Section 17-8.3 by P.A. 96-1551.)
Sec. 17-22.
(Renumbered).
(Source: P.A. 90-390, eff. 1-1-98. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-23)
Sec. 17-23.
(Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-24)
Sec. 17-24. Mail fraud and wire fraud.
(a) Mail fraud. A person commits mail fraud when he or she:
(1) devises or intends to devise any scheme or
| | artifice to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimated or held out to be such a counterfeit or spurious article; and
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| (2) with the intent to execute such scheme or
| | artifice or to attempt to do so, does any of the following:
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| (A) Places in any post office or authorized
| | depository for mail matter within this State any matter or thing to be delivered by the United States Postal Service, according to the direction on the matter or thing.
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| (B) Deposits or causes to be deposited in this
| | State any matter or thing to be sent or delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
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| (C) Takes or receives from mail or from a private
| | or commercial carrier any such matter or thing at the place at which it is directed to be delivered by the person to whom it is addressed.
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| (D) Knowingly causes any such matter or thing to
| | be delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
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| (b) Wire fraud. A person commits wire fraud when he or she:
(1) devises or intends to devise a scheme or artifice
| | to defraud or to obtain money or property by means of false pretenses, representations, or promises; and
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(2) for the purpose of executing the scheme or
| | artifice, transmits or causes to be transmitted any writings, signals, pictures, sounds, or electronic or electric impulses by means of wire, radio, or television communications:
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| (A) from within this State;
or
(B) so that the transmission is received by a
| | person within this State; or
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(C) so that the transmission may be accessed by a
| | person within this State.
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(c) Jurisdiction.
(1) Mail fraud using a government or private carrier
| | occurs in the county in which mail or other matter is deposited with the United States Postal Service or a private commercial carrier for delivery, if deposited with the United States Postal Service or a private or commercial carrier within this State, and the county in which a person within this State receives the mail or other matter from the United States Postal Service or a private or commercial carrier.
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(2) Wire fraud occurs in the county from which a
| | transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission.
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(d) Sentence. A violation of this Section is a Class 3 felony.
The period of limitations for prosecution of any offense defined in this
Section begins at the time when the last act in furtherance of the scheme or
artifice is committed.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-25)
Sec. 17-25. (Repealed).
(Source: P.A. 92-818, eff. 8-21-02. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/17-26)
Sec. 17-26. Misconduct by a corporate official.
(a) A person commits misconduct by a corporate official when:
(1) being a director of a corporation, he or she
| | knowingly, with the intent to defraud, concurs in any vote or act of the directors of the corporation, or any of them, which has the purpose of:
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(A) making a dividend except in the manner
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(B) dividing, withdrawing or in any manner paying
| | any stockholder any part of the capital stock of the corporation except in the manner provided by law;
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(C) discounting or receiving any note or other
| | evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with purpose of providing the means of making such payment;
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(D) receiving or discounting any note or other
| | evidence of debt with the purpose of enabling any stockholder to withdraw any part of the money paid in by him or her on his or her stock; or
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(E) applying any portion of the funds of such
| | corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law; or
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(2) being a director or officer of a corporation, he
| | or she, with the intent to defraud:
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(A) issues, participates in issuing, or concurs
| | in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;
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(B) sells, or agrees to sell, or is directly
| | interested in the sale of any share of stock of such corporation, or in any agreement to sell such stock, unless at the time of the sale or agreement he or she is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation;
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(C) executes a scheme or attempts to execute a
| | scheme to obtain any share of stock of such corporation by means of false representation; or
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(3) being a director or officer of a corporation, he
| | or she with the intent to defraud or evade a financial disclosure reporting requirement of this State or of Section 13(A) or 15(D) of the Securities Exchange Act of 1934, as amended, 15 U. S. C. 78M(A) or 78O(D):
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(A) causes or attempts to cause a corporation or
| | accounting firm representing the corporation or any other individual or entity to fail to file a financial disclosure report as required by State or federal law; or
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(B) causes or attempts to cause a corporation or
| | accounting firm representing the corporation or any other individual or entity to file a financial disclosure report, as required by State or federal law, that contains a material omission or misstatement of fact.
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(b) Sentence. If the benefit derived from a violation of this Section is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this Section is less than $500,000, the violation is a
Class 3 felony.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-27)
Sec. 17-27. Fraud on creditors.
(a) Fraud in insolvency. A person commits fraud in insolvency when, knowing that proceedings have or
are about to be instituted for the appointment of a receiver or other person
entitled to administer property for the benefit of creditors, or that any other
composition or liquidation for the benefit of creditors has been or is about to
be made, he or she:
(1) destroys, removes, conceals, encumbers,
| | transfers, or otherwise deals with any property or obtains any substantial part of or interest in the debtor's estate with the intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors;
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(2) knowingly falsifies any writing or record
| | relating to the property; or
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(3) knowingly misrepresents or refuses to disclose to
| | a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.
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Sentence. If the benefit derived from a violation of this subsection (a) is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this subsection (a) is less than $500,000, the violation is a
Class 3 felony.
(b) Fraud in property transfer. A person commits fraud in property transfer when he or she transfers or conveys any interest in property with the intent to defraud, defeat, hinder, or delay his or her creditors. A violation of this subsection (b) is a business offense subject to a fine not to exceed $1,000.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-28)
(This Section was renumbered as Section 17-57 by P.A. 96-1551.)
Sec. 17-28. (Renumbered).
(Source: P.A. 93-691, eff. 7-9-04. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-29)
(This Section was renumbered as Section 17-10.2 by P.A. 96-1551.)
Sec. 17-29. (Renumbered).
(Source: P.A. 97-396, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
Sec. 17-30. Defaced, altered, or removed manufacturer or owner identification number.
(a) Unlawful sale of household appliances. A person commits unlawful
sale of household
appliances when he or she knowingly, with the intent to defraud or deceive
another, keeps for sale, within any commercial
context, any household appliance with a missing, defaced, obliterated, or
otherwise altered manufacturer's identification number.
(b) Construction equipment identification defacement. A person commits construction equipment identification defacement when he or she knowingly changes,
alters, removes, mutilates, or
obliterates a permanently affixed serial number, product identification number,
part number, component identification number, owner-applied identification,
or other mark of identification attached to or stamped, inscribed, molded,
or etched into a machine or other equipment, whether stationary or mobile
or self-propelled, or a part of such machine or equipment, used in the construction,
maintenance, or demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways, dams, airports,
or waterways or in material handling for such projects.
The trier of fact may infer that the defendant has knowingly changed, altered, removed, or obliterated the serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification, if the defendant was in possession of any machine or other equipment or a part of such machine
or equipment used in the construction, maintenance, or demolition of buildings,
structures, bridges, tunnels, sewers, utility pipes or lines, ditches or
open cuts, roads, highways, dams, airports, or waterways or in material handling
for such projects upon which any such serial number, product identification
number, part number, component identification number, owner-applied identification
number, or other mark of identification has been changed, altered,
removed, or obliterated.
(c) Defacement of manufacturer's serial number or identification mark. A person commits defacement of a manufacturer's serial number or identification mark when he or she knowingly removes, alters, defaces, covers, or destroys the
manufacturer's serial number or any other manufacturer's number or
distinguishing identification mark upon any machine or other article of
merchandise, other than a motor vehicle as defined in Section 1-146 of the
Illinois Vehicle Code or a firearm as defined in the Firearm Owners Identification Card Act, with the intent of concealing or destroying the
identity of such machine or other article of merchandise.
(d) Sentence.
(1) A violation of subsection (a) of this Section is
| | a Class 4 felony if the value of the appliance or appliances exceeds $1,000 and a Class B misdemeanor if the value of the appliance or appliances is $1,000 or less.
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(2) A violation of subsection (b) of this Section is
| | (3) A violation of subsection (c) of this Section is
| | (e) No liability shall be imposed upon any person for the unintentional
failure to comply with subsection (a).
(f) Definitions. In this Section:
"Commercial context" means a continuing business enterprise conducted
for profit by any person whose primary business is the wholesale or retail
marketing of household appliances, or a significant portion of whose business
or inventory consists of household appliances
kept or sold on a wholesale or retail basis.
"Household appliance" means any gas or electric device or machine
marketed for use as home entertainment or for facilitating or expediting
household tasks or chores. The term shall include but not necessarily be
limited to refrigerators, freezers, ranges, radios, television sets, vacuum
cleaners, toasters, dishwashers, and other similar household items.
"Manufacturer's identification number" means any serial number or
other similar numerical or alphabetical designation imprinted upon or attached
to or placed, stamped, or otherwise imprinted upon or attached to a household
appliance or item by the manufacturer for purposes of identifying a particular
appliance or item individually or by lot number.
(Source: P.A. 96-1551, eff. 7-1-11.)
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