I stay in Rock Island Il .What is the shoplifting law? i got caught shoplifting. The items added up to $50. Could I get time in jail?

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I stay in Rock Island Il .What is the shoplifting law? i got caught shoplifting. The items added up to $50. Could I get time in jail?

Asked on May 8, 2009 under Criminal Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Here is the information on shoplifting in Illinois:

 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.)

 

Here is the hyperlink to the law: http://www.ilga.gov/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=31100000&SeqEnd=33600000&ActName=Criminal+Code+of+1961%2E

 

The sentencing laws are here:

Class A misdemeanor looks like max 1 year jail time, probation term can be found up to 2 years instead of jail.

 

If you need a lawyer, try www.attorneypages.com.


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