ILCS » Chapter 225 · Act 735
Illinois Compiled Statutes

225 ILCS 735/5 (2026)

Prohibitions

✓ current as of May 2026
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(225 ILCS 735/5) (from Ch. 111, par. 705)
    Sec. 5. Prohibitions. It shall be unlawful and a violation of this Act:
        (a) For any person to knowingly:
            (1) cut, cause to be cut, take, or caused to be
        
taken, any timber without the consent of the timber grower; or
            (2) enter into an agreement or contract with a
        
timber grower for the cutting of timber and:
                (A) misrepresenting a material fact relating
            
to the terms of the contract or agreement, creating or confirming another's impression which is false and the buyer does not believe to be true, or promising performance which the person buying the timber does not intend to perform or knows will not be performed; or
                (B) using or employing any deception, false
            
pretense, or false promise in order to induce, encourage, or solicit such person to enter into any contract or agreement;
        (b) For a timber buyer to conduct business under this
    
Act without maintaining a liability insurance policy as required under this Act;
        (c) For any person to knowingly make any false
    
statement or knowingly provide false information in connection with the application, liability insurance certification, or other information or reports required to be provided to the Department pursuant to this Act or administrative rule;
        (d) For any person to act or engage in the business
    
of a timber buyer or act or engage in the business of timber buying as an agent of a timber buyer while not in good standing with the Department or, if required by this Act, while licensed by the Department;
        (e) (blank);
        (f) For a person to fail to file any report or
    
provide any documentation as required in this Act or administrative rule; and
        (g) For any person to resist or obstruct any officer,
    
employee, agent of the Department, or any member of a law enforcement agency in the discharge of the person's, employee's, agent's, or member's duties under the provisions of this Act.
(Source: P.A. 103-218, eff. 1-1-24.)

    
Notes of Decisions
Cited in 3 cases, 1996–2018 · leading case: People v. Nash, 669 N.E.2d 353 (Ill. App. Ct. 1996).
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People v. Nash, 669 N.E.2d 353 (Ill. App. Ct. 1996). · cites it 5× “225 ILCS 735/5 (West 1992). By its very nature, "knowledge" is ordinarily proven by circumstantial evidence rather than by direct evidence.”
People v. Najar, 2018 IL App (2d) 160919 (Ill. App. Ct. 2018). “In Nash , the defendants were charged with violating the Timber Buyers Licensing Act ( 225 ILCS 735/5(b) (West 1992) ) by knowingly taking another person's timber without consent.”
People v. Nash, 662 N.E.2d 552 (Ill. App. Ct. 1996). “(See 225 ILCS 735/5 (West 1994).) The State argues that a search warrant was not required because (1) section 9 allows officers to conduct warrantless searches of timber records to ascertain if the Act has been violated, and (2) the purpose of the search in this case was to…”
— 225 ILCS 735/5(b) — 2 cases
People v. Nash, 669 N.E.2d 353 (Ill. App. Ct. 1996). “225 ILCS 735/5 (West 1992). By its very nature, "knowledge" is ordinarily proven by circumstantial evidence rather than by direct evidence.”
People v. Najar, 2018 IL App (2d) 160919 (Ill. App. Ct. 2018). “In Nash , the defendants were charged with violating the Timber Buyers Licensing Act ( 225 ILCS 735/5(b) (West 1992) ) by knowingly taking another person's timber without consent.”
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