NOTE: The information below includes updated content to explain how Public Act 101-394 adjusted Illinois law on January 1, 2020. After that point, Illinois changed certain aspects of theft crimes committed against elderly or disabled victims, effectively removing the ability to seal such criminal records.
“It was only a shirt.” “No one was looking.” “I think it’s just a misdemeanor anyway.” If these thoughts have ever crossed your mind, it is important to take a step back and understand the significant disruption a retail theft conviction could have on your life. Theft crimes throughout the country are on the rise, and the punishments associated with these crimes should be taken very seriously.
“Retail theft” spans beyond taking an item you did not pay for from a store. Under 720 ILCS 5/16-25, retail theft may also include the following:
- Price switching (720 ILCS 5/16-25(a)(2));
- Under-ringing (think of a self-scan situation) (720 ILCS 5/16-25(a)(4));
- Using or possessing a theft detecting shielding device (720 ILCS 5/16-25(a)(7));
- Misappropriating for personal use (usually if you have privileges from working at a store); and
- Representing that you are the owner or stolen property in an attempt to get a refund from the store (720 ILCS 5/16-25(a)(6)).
If charged with a first shoplifting offense, it will likely be either a Class A misdemeanor or a Class 4 felony. This categorization typically depends on the value of the item(s) stolen and whether the individual has previously been convicted of a crime (and, if so, the nature of the prior crime). The severity of the crime, in terms of whether it is a misdemeanor (less severe) or a felony (more severe), will also usually depend on the value of the items stolen.
A Class A misdemeanor is the most severe level of a misdemeanor charge in Illinois. But Class A misdemeanor charges also represent the least harsh of all possible convictions for shoplifting. A person found guilty of a Class A misdemeanor may be required to:
- Serve up to one year in jail;
- Pay fines up to $2,500; and
- Pay restitution for the items stolen, plus possible other associated costs.
In addition to criminal penalties, storeowners may seek other forms of restitution, the court may implement additional fines, and the offender may be responsible for attorney’s fees and associated court costs. Felony convictions carry more severe punishments; a Class 4 felony will land a convicted individual one to three years in prison and a fine of up to $25,000. People charged with a misdemeanor offense like shoplifting again will likely face felony charges, which demonstrates the severity of retail theft.
When Public Act 101-394 took effect in 2020, Illinois created another potential layer to theft crimes. If the victim of a theft crime is an elderly individual over the age of 60 years old or a disabled person, the corresponding criminal records are ineligible for record sealing. Consequently, any such offense would remain permanently on the offender’s criminal record.