Chicago Criminal Lawyer Blog
Chicago has always been a city of commerce. From downtown office towers to local businesses in neighborhoods like Pilsen, Bronzeville, and West Loop, millions of transactions occur every day. With so much personal and financial data being exchanged, it is no surprise that Illinois has strict laws on identity theft. The Illinois Identity Theft Statute, 720 ILCS 5/16G, makes it a crime to knowingly transfer, possess, or use another individual’s identifying information without authorization and with intent to commit fraud.
Identifying information can include Social Security numbers, bank account details, driver’s license numbers, or credit card information. The statute applies whether the transfer occurs electronically, by paper, or even verbally. What makes this charge so serious is that prosecutors in Cook County rarely file it as a minor misdemeanor. Most cases are elevated to felony charges, exposing defendants to prison sentences and large restitution orders.
Illinois law recognizes multiple levels of identity theft. A person charged with simply possessing another’s personal information without intent to use it might face a lower-level offense. But when prosecutors believe that information was transferred to another person for fraudulent purposes, the charges increase in severity. Class 3 felony charges often apply, punishable by two to five years in state prison. If aggravating factors exist—such as financial loss above certain amounts or targeting elderly victims—the charge may escalate to a Class 2 or Class 1 felony with even longer sentences.
