ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/16-30 (2026)

Identity theft; aggravated identity theft

✓ current as of May 2026
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(720 ILCS 5/16-30)
    Sec. 16-30. Identity theft; aggravated identity theft.
    (a) A person commits identity theft when he or she knowingly:
        (1) uses any personal identifying information or
    
personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property;
        (2) uses any personal identifying information or
    
personal identification document of another with intent to commit any felony not set forth in paragraph (1) of this subsection (a);
        (3) obtains, records, possesses, sells, transfers,
    
purchases, or manufactures any personal identifying information or personal identification document of another with intent to commit any felony;
        (4) uses, obtains, records, possesses, sells,
    
transfers, purchases, or manufactures any personal identifying information or personal identification document of another knowing that such personal identifying information or personal identification documents were stolen or produced without lawful authority;
        (5) uses, transfers, or possesses document-making
    
implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony;
        (6) uses any personal identifying information or
    
personal identification document of another to portray himself or herself as that person, or otherwise, for the purpose of gaining access to any personal identifying information or personal identification document of that person, without the prior express permission of that person;
        (7) uses any personal identifying information or
    
personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person;
        (7.5) uses, possesses, or transfers a radio
    
frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of State law or any violation of this Article; or
        (8) in the course of applying for a building permit
    
with a unit of local government, provides the license number of a roofing or fire sprinkler contractor whom he or she does not intend to have perform the work on the roofing or fire sprinkler portion of the project; it is an affirmative defense to prosecution under this paragraph (8) that the building permit applicant promptly informed the unit of local government that issued the building permit of any change in the roofing or fire sprinkler contractor.
    (b) Aggravated identity theft. A person commits aggravated identity theft when he or she commits identity theft as set forth in subsection (a) of this Section:
        (1) against a person 60 years of age or older or a
    
person with a disability; or
        (2) in furtherance of the activities of an organized
    
gang.
    A defense to aggravated identity theft does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age. For the purposes of this subsection, "organized gang" has the meaning ascribed in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    (c) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person's identifying information or document.
    (d) When a charge of identity theft or aggravated identity theft of credit, money, goods, services, or other property exceeding a specified value is brought, the value of the credit, money, goods, services, or other property is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
    (e) Sentence.
        (1) Identity theft.
            (A) A person convicted of identity theft in
        
violation of paragraph (1) of subsection (a) shall be sentenced as follows:
                (i) Identity theft of credit, money, goods,
            
services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 3 felony. Identity theft of credit, money, goods, services, or other property not exceeding $300 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 3 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony. A person who has been convicted of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 2 felony.
                (ii) Identity theft of credit, money, goods,
            
services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony. Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 2 felony.
                (iii) Identity theft of credit, money, goods,
            
services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony. Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 1 felony.
                (iv) Identity theft of credit, money, goods,
            
services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony. Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class X felony.
                (v) Identity theft of credit, money, goods,
            
services, or other property exceeding $100,000 in value is a Class X felony.
            (B) A person convicted of any offense enumerated
        
in paragraphs (2) through (7.5) of subsection (a) is guilty of a Class 3 felony. A person convicted of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.
            (C) A person convicted of any offense enumerated
        
in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
            (D) A person who, within a 12-month period, is
        
found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony. A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
            (E) A person convicted of identity theft in
        
violation of paragraph (2) of subsection (a) who uses any personal identifying information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine is guilty of a Class 2 felony for a first offense and a Class 1 felony for a second or subsequent offense. A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identifying information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony for a first offense and a Class X felony for a second or subsequent offense.
            (F) A person convicted of identity theft in
        
violation of paragraph (8) of subsection (a) of this Section is guilty of a Class 4 felony.
        (2) Aggravated identity theft.
            (A) Aggravated identity theft of credit, money,
        
goods, services, or other property not exceeding $300 in value is a Class 3 felony.
            (B) Aggravated identity theft of credit, money,
        
goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony.
            (C) Aggravated identity theft of credit, money,
        
goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony.
            (D) Aggravated identity theft of credit, money,
        
goods, services, or other property exceeding $100,000 in value is a Class X felony.
            (E) Aggravated identity theft for a violation of
        
any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section is a Class 2 felony.
            (F) Aggravated identity theft when a person who,
        
within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section with identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is a Class 1 felony.
            (G) A person who has been previously convicted of
        
aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.
(Source: P.A. 101-324, eff. 1-1-20.)

    
Notes of Decisions
Cited in 28 cases (19 in the last 5 years), 2017–2026 · leading case: People v. Cadengo, 2025 IL App (4th) 240568-U (Ill. App. Ct. 2025).
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People v. Cadengo, 2025 IL App (4th) 240568-U (Ill. App. Ct. 2025). · cites it 6× “2d at 471 ; 720 ILCS 5/16-30 (West 2020). Therefore, the State admits that we should find section 16-30(a)(7) unconstitutional and vacate defendant’s conviction for identity theft.”
People v. Bochenek, 2021 IL 125889 (Ill. 2021). “¶2 BACKGROUND ¶3 In April 2016, defendant was charged in the circuit court of Du Page County with one count of identity theft (720 ILCS 5/16-30(a)(1) (West 2016)) and one count of unauthorized use of an unissued credit card (id.”
People v. Bochenek, 2020 IL App (2d) 170545 (Ill. App. Ct. 2020). · cites it 2× “Bochenek, was convicted of a single count of identity theft not exceeding $300 (720 ILCS 5/16-30(a)(1) (West 2014)) for the unauthorized use of Anthony Fatigato’s credit card to buy cigarettes at a gas station in Palatine, Illinois.”
People v. Rowell, 2021 IL App (4th) 180819 (Ill. App. Ct. 2021). “The charges generally alleged that defendant possessed blank and altered debit cards and another person’s social security number with the intent to use it to commit a felony.”
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). · cites it 3× “The instructions omitted the mental state of knowledge (see 720 ILCS 5/16-30(a)(1) (West 2012)) and the definition of knowledge.”
People v. Fort, 2019 IL App (1st) 170644 (Ill. App. Ct. 2019). “” 720 ILCS 5/16-30(a)(1) (West 2016). Defendant argues that -8- No.”
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). · cites it 2× “The instructions omitted the mental state of knowledge (see 720 ILCS 5/16-30(a)(1) (West 2012)) and the definition of knowledge.”
People v. Villarreal, 2022 IL App (2d) 200077 (Ill. App. Ct. 2022). “OPINION ¶1 Defendant, Jacqueline Villarreal, was charged with identity theft (720 ILCS 5/16-30(a)(4) (West 2018)), possession of a fictitious or unlawfully altered driver’s license (625 ILCS 5/6- 301.”
People v. Slaten, 2024 IL App (2d) 240015 (Ill. App. Ct. 2024). “1(a)(1), (a)(4) (West 2022)) (2 counts; class 4 felony); aggravated identity theft (720 ILCS 5/16-30(b)(1) (West 2022)) (2 counts; class 3 felony); unlawful possession of a credit or debit card (id.”
People v. McGregory, 2019 IL App (1st) 173101 (Ill. App. Ct. 2019). · cites it 2× “Thereafter, defendant was charged with identity theft (720 ILCS 5/16-30(a)(2) (West 2012)). 1 ¶4 Defendant filed a motion to suppress evidence, arguing that the initial seizure of the equipment was unreasonable, as was the delay between its seizure and the obtention of the…”
People v. McGregory, 2019 IL App (1st) 173101 (Ill. App. Ct. 2019). “Thereafter, defendant was charged with identity theft (720 ILCS 5/16-30(a)(2) (West 2012)). 1 ¶4 Defendant filed a motion to suppress evidence, arguing that the initial seizure of the equipment was unreasonable, as was the delay between its seizure and the obtention of the…”
People v. Dewey, 2023 IL App (3d) 220285-U (Ill. App. Ct. 2023). “Dewey, was charged with eight counts of unlawful sale of drug paraphernalia (720 ILCS 600/3(a) (West 2016)), one count of identity theft (720 ILCS 5/16-30(a)(1) (West 2016)), one count of fictitious or unlawfully altered identification card (15 ILCS 335/14A(b)(1) (West 2016)),…”
Show all 28 citing cases →
— 720 ILCS 5/16-30(a)(1) — 11 cases
People v. Bochenek, 2021 IL 125889 (Ill. 2021). “¶2 BACKGROUND ¶3 In April 2016, defendant was charged in the circuit court of Du Page County with one count of identity theft (720 ILCS 5/16-30(a)(1) (West 2016)) and one count of unauthorized use of an unissued credit card (id.”
People v. Bochenek, 2020 IL App (2d) 170545 (Ill. App. Ct. 2020). “Bochenek, was convicted of a single count of identity theft not exceeding $300 (720 ILCS 5/16-30(a)(1) (West 2014)) for the unauthorized use of Anthony Fatigato’s credit card to buy cigarettes at a gas station in Palatine, Illinois.”
People v. Fort, 2019 IL App (1st) 170644 (Ill. App. Ct. 2019). “” 720 ILCS 5/16-30(a)(1) (West 2016). Defendant argues that -8- No.”
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). “The instructions omitted the mental state of knowledge (see 720 ILCS 5/16-30(a)(1) (West 2012)) and the definition of knowledge.”
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). “The instructions omitted the mental state of knowledge (see 720 ILCS 5/16-30(a)(1) (West 2012)) and the definition of knowledge.”
— 720 ILCS 5/16-30(a)(2) — 2 cases
People v. McGregory, 2019 IL App (1st) 173101 (Ill. App. Ct. 2019). “Thereafter, defendant was charged with identity theft (720 ILCS 5/16-30(a)(2) (West 2012)). 1 ¶4 Defendant filed a motion to suppress evidence, arguing that the initial seizure of the equipment was unreasonable, as was the delay between its seizure and the obtention of the…”
People v. McGregory, 2019 IL App (1st) 173101 (Ill. App. Ct. 2019). “Thereafter, defendant was charged with identity theft (720 ILCS 5/16-30(a)(2) (West 2012)). 1 ¶4 Defendant filed a motion to suppress evidence, arguing that the initial seizure of the equipment was unreasonable, as was the delay between its seizure and the obtention of the…”
— 720 ILCS 5/16-30(a)(3) — 2 cases
People v. Rowell, 2021 IL App (4th) 180819 (Ill. App. Ct. 2021). “The charges generally alleged that defendant possessed blank and altered debit cards and another person’s social security number with the intent to use it to commit a felony.”
People v. Rowell, 2021 IL App (4th) 180819 (Ill. App. Ct. 2021).
— 720 ILCS 5/16-30(a)(4) — 4 cases
People v. Villarreal, 2022 IL App (2d) 200077 (Ill. App. Ct. 2022). “OPINION ¶1 Defendant, Jacqueline Villarreal, was charged with identity theft (720 ILCS 5/16-30(a)(4) (West 2018)), possession of a fictitious or unlawfully altered driver’s license (625 ILCS 5/6- 301.”
Hodges v. Galloway (N.D. Ill. 2024).
People v. Villareal, 2022 IL App (2d) 220077-U (Ill. App. Ct. 2022).
People v. Usman-Aliu, 2020 IL App (5th) 170048-U (Ill. App. Ct. 2020).
— 720 ILCS 5/16-30(a)(5) — 1 case
People v. Markrovski, 2020 IL App (1st) 181275-U (Ill. App. Ct. 2020).
— 720 ILCS 5/16-30(a)(7) — 2 cases
People v. Cadengo, 2025 IL App (4th) 240568-U (Ill. App. Ct. 2025). “2d at 471 ; 720 ILCS 5/16-30 (West 2020). Therefore, the State admits that we should find section 16-30(a)(7) unconstitutional and vacate defendant’s conviction for identity theft.”
People v. Cadengo, 2025 IL App (4th) 240568 (Ill. App. Ct. 2025).
— 720 ILCS 5/16-30(b)(1) — 5 cases
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). “The instructions omitted the mental state of knowledge (see 720 ILCS 5/16-30(a)(1) (West 2012)) and the definition of knowledge.”
People v. Slaten, 2024 IL App (2d) 240015 (Ill. App. Ct. 2024). “1(a)(1), (a)(4) (West 2022)) (2 counts; class 4 felony); aggravated identity theft (720 ILCS 5/16-30(b)(1) (West 2022)) (2 counts; class 3 felony); unlawful possession of a credit or debit card (id.”
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). “The instructions omitted the mental state of knowledge (see 720 ILCS 5/16-30(a)(1) (West 2012)) and the definition of knowledge.”
People v. Boncosky, 2024 IL App (2d) 230496-U (Ill. App. Ct. 2024).
People v. Pace, 2023 IL App (1st) 190032-U (Ill. App. Ct. 2023).
— 720 ILCS 5/16-30(e)(1)(iii) — 1 case
People v. Leggett, 2026 IL App (2d) 250110-U (Ill. App. Ct. 2026).
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