Statutes > Illinois Statutes > CHAPTER 625 VEHICLES > 625 ILCS 5/ Illinois Vehicle Code. > Article I - Anti-Theft Laws

Article I - Anti-Theft Laws


      (625 ILCS 5/Ch. 4 Art. I heading)
ARTICLE I. ANTI‑THEFT LAWS

    (625 ILCS 5/4‑100) (from Ch. 95 1/2, par. 4‑100)
    Sec. 4‑100. (Repealed).
(Source: P.A. 85‑572. Repealed by P.A. 90‑89, eff. 1‑1‑98.)

    (625 ILCS 5/4‑101) (from Ch. 95 1/2, par. 4‑101)
    Sec. 4‑101. Applicability of this Chapter.
    The provisions of this Chapter apply to all vehicles.
(Source: P.A. 76‑1586.)

    (625 ILCS 5/4‑102) (from Ch. 95 1/2, par. 4‑102)
    Sec. 4‑102. Offenses relating to motor vehicles and other vehicles ‑ Misdemeanors.
    (a) It is a violation of this Chapter for:
        (1) A person, without authority to do so, to damage
     a vehicle or to damage or remove any part of a vehicle;
        (2) A person, without authority to do so, to tamper
     with a vehicle or go in it, on it, or work or attempt to work any of its parts, or set or attempt to set it in motion;
        (3) A person to fail to report a vehicle as
     unclaimed in accordance with the provisions of Section 4‑107.
    (b) Sentence. A person convicted of a violation of this Section shall be guilty of a Class A misdemeanor. A person convicted of a violation of this Section a second or subsequent time, shall be guilty of a Class 4 felony.
(Source: P.A. 86‑1209.)

    (625 ILCS 5/4‑103) (from Ch. 95 1/2, par. 4‑103)
    Sec. 4‑103. Offenses relating to motor vehicles and other vehicles ‑ Felonies.
    (a) Except as provided in subsection (a‑1), it is a violation of this Chapter for:
        (1) A person not entitled to the possession of a
     vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen or converted; additionally the General Assembly finds that the acquisition and disposition of vehicles and their essential parts are strictly controlled by law and that such acquisitions and dispositions are reflected by documents of title, uniform invoices, rental contracts, leasing agreements and bills of sale. It may be inferred, therefore that a person exercising exclusive unexplained possession over a stolen or converted vehicle or an essential part of a stolen or converted vehicle has knowledge that such vehicle or essential part is stolen or converted, regardless of whether the date on which such vehicle or essential part was stolen is recent or remote;
        (2) A person to knowingly remove, alter, deface,
     destroy, falsify, or forge a manufacturer's identification number of a vehicle or an engine number of a motor vehicle or any essential part thereof having an identification number;
        (3) A person to knowingly conceal or misrepresent
     the identity of a vehicle or any essential part thereof;
        (4) A person to buy, receive, possess, sell or
     dispose of a vehicle, or any essential part thereof, with knowledge that the identification number of the vehicle or any essential part thereof having an identification number has been removed or falsified;
        (5) A person to knowingly possess, buy, sell,
     exchange, give away, or offer to buy, sell, exchange or give away, any manufacturer's identification number plate, mylar sticker, federal certificate label, State police reassignment plate, Secretary of State assigned plate, rosette rivet, or facsimile of such which has not yet been attached to or has been removed from the original or assigned vehicle. It is an affirmative defense to subsection (a) of this Section that the person possessing, buying, selling or exchanging a plate mylar sticker or label described in this paragraph is a police officer doing so as part of his official duties, or is a manufacturer's authorized representative who is replacing any manufacturer's identification number plate, mylar sticker or Federal certificate label originally placed on the vehicle by the manufacturer of the vehicle or any essential part thereof;
        (6) A person to knowingly make a false report of the
     theft or conversion of a vehicle to any police officer of this State or any employee of a law enforcement agency of this State designated by the law enforcement agency to take, receive, process, or record reports of vehicle theft or conversion.
    (a‑1) A person engaged in the repair or servicing of vehicles does not violate this Chapter by knowingly possessing a manufacturer's identification number plate for the purpose of reaffixing it on the same damaged vehicle from which it was originally taken, if the person reaffixes or intends to reaffix the original manufacturer's identification number plate in place of the identification number plate affixed on a new dashboard that has been or will be installed in the vehicle. The person must notify the Secretary of State each time the original manufacturer's identification number plate is reaffixed on a vehicle. The person must keep a record indicating that the identification number plate affixed on the new dashboard has been removed and has been replaced by the manufacturer's identification number plate originally affixed on the vehicle. The person also must keep a record regarding the status and location of the identification number plate removed from the replacement dashboard. The Secretary shall adopt rules for implementing this subsection (a‑1).
    (a‑2) The owner of a vehicle repaired under subsection (a‑1) must, within 90 days of the date of the repairs, contact an officer of the Illinois State Police Vehicle Inspection Bureau and arrange for an inspection of the vehicle, by the officer or the officer's designee, at a mutually agreed upon date and location.
    (b) Sentence. A person convicted of a violation of this Section shall be guilty of a Class 2 felony.
    (c) The offenses set forth in subsection (a) of this Section shall not include the offense set forth in Section 4‑103.2 of this Code.
(Source: P.A. 93‑456, eff. 8‑8‑03.)

    (625 ILCS 5/4‑103.1) (from Ch. 95 1/2, par. 4‑103.1)
    Sec. 4‑103.1. Vehicle theft conspiracy.
    (a) Elements of the offense. A person commits vehicle theft conspiracy when, with intent that a violation of Section 4‑103 of this Code be committed, he agrees with another to the commission of such an offense. No person may be convicted of vehicle theft conspiracy unless an overt act in furtherance of such an agreement is alleged and proved to have been committed by him or by a co‑conspirator, and the accused is part of a common plan or scheme to engage in the unlawful activity.
    (b) Co‑conspirators. It shall not be a defense to vehicle theft conspiracy that the person or persons with whom the accused is alleged to have conspired:
        (1) has not been prosecuted or convicted;
        (2) has been convicted of a different offense;
        (3) is not amenable to justice;
        (4) has been acquitted; or
        (5) lacked the capacity to commit an offense.
    (c) Sentence. Vehicle theft conspiracy to violate Section 4‑103 of this Code is a Class 2 felony. Vehicle theft conspiracy to violate Section 4‑103.2 of this Code is a Class 1 felony.
(Source: P.A. 86‑1209.)

    (625 ILCS 5/4‑103.2)(from Ch. 95 1/2, par. 4‑103.2)
    Sec. 4‑103.2. Aggravated offenses relating to motor vehicles and other vehicles‑Felonies.
    (a) Except as provided in subsection (a‑1), it is a violation of this Chapter for:
        (1) a person not entitled to the possession of 3 or
     more vehicles, 3 or more essential parts of different vehicles, or a combination thereof, to receive, possess, conceal, sell, dispose of or transfer, those vehicles or parts of vehicles at the same time or within a one year period knowing that these vehicles or parts of vehicles are stolen or converted;
        (2) a person to buy, receive, possess, sell or
     dispose of 3 or more vehicles, 3 or more essential parts of different vehicles, or a combination thereof, at the same time or within a one year period, knowing that the identification numbers of the vehicles or the essential parts with an identification number have been removed or falsified;
        (3) a person not entitled to the possession of a
     vehicle having a value of $25,000 or greater to receive, possess, conceal, sell, dispose or transfer the vehicle, knowing that the vehicle has been stolen or converted;
        (4) a person to knowingly possess, buy, sell,
     exchange or give away, at the same time or within a one year period, 3 or more manufacturer's identification number plates, mylar stickers, federal certificate labels, State Police reassignment plates, Secretary of State assigned plates or a facsimile of those items, or a combination thereof, which have not yet been attached to or have been removed from an original or assigned vehicle or essential part of a vehicle. It is an affirmative defense that the person possessing, buying, selling or exchanging a plate, mylar sticker or label is a police officer doing so as part of his official duties, or is a manufacturer's authorized representative who is replacing any manufacturer's identification number plate, mylar sticker or federal certificate label originally placed on a vehicle by the manufacturer of a vehicle or any essential part of a vehicle;
        (5) a person not entitled to the possession of any
     second division vehicle, semitrailer, farm tractor, tow truck, rescue squad vehicle, medical transport vehicle, fire engine, special mobile equipment, dump truck, truck mounted transit mixer, crane or the engine, transmission, cab, cab clip or vehicle cowl of any of the above vehicles, to receive, possess, conceal, sell, dispose of or transfer the vehicle or vehicle part described in this paragraph knowing it is stolen or converted;
        (6) a person not entitled to the possession of a
     vehicle which is owned or operated by a law enforcement agency to receive, possess, conceal, sell, or dispose of or transfer such vehicle knowing it is the property of a law enforcement agency and knowing it to be stolen or converted;
        (7) a person:
            (A) who is the driver or operator of a vehicle
         and is not entitled to the possession of that vehicle and who knows the vehicle is stolen or converted, or
            (B) who is the driver or operator of a vehicle
         being used to transport or haul a vehicle or essential part of a vehicle and is not entitled to the possession of that vehicle or essential part being transported or hauled and who knows the transported or hauled vehicle or essential part is stolen or converted,
    who has been given a signal by a peace officer directing
     him to bring the vehicle to a stop, to willfully fail or refuse to obey such direction, increase his speed, extinguish his lights or otherwise flee or attempt to elude the officer. The signal given by the peace officer may be by hand, voice, siren, or red or blue light. The officer giving the signal, if driving a vehicle, shall display the vehicle's illuminated, oscillating, rotating or flashing red or blue lights, which when used in conjunction with an audible horn or siren would indicate that the vehicle is an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12‑215 of this Code; or
        (8) a person, at the same time or within a one year
     period, to make a false report of the theft or conversion of 3 or more vehicles to any police officer or police officers of this State.
    (a‑1) A person engaged in the repair or servicing of vehicles does not violate this Chapter by knowingly possessing a manufacturer's identification number plate for the purpose of reaffixing it on the same damaged vehicle from which it was originally taken, if the person reaffixes or intends to reaffix the original manufacturer's identification number plate in place of the identification number plate affixed on a new dashboard that has been or will be installed in the vehicle. The person must notify the Secretary of State each time the original manufacturer's identification number plate is reaffixed on a vehicle. The person must keep a record indicating that the identification number plate affixed on the new dashboard has been removed and has been replaced by the manufacturer's identification number plate originally affixed on the vehicle. The person also must keep a record regarding the status and location of the identification number plate removed from the replacement dashboard. The Secretary shall adopt rules for implementing this subsection (a‑1).
    (a‑2) The owner of a vehicle repaired under subsection (a‑1) must, within 90 days of the date of the repairs, contact an officer of the Illinois State Police Vehicle Inspection Bureau and arrange for an inspection of the vehicle, by the officer or the officer's designee, at a mutually agreed upon date and location.
    (b) The inference contained in paragraph (1) of subsection (a) of Section 4‑103 of this Code shall apply to subsection (a) of this Section.
    (c) A person convicted of violating this Section shall be guilty of a Class 1 felony.
    (d) The offenses set forth in subsection (a) of this Section shall not include the offenses set forth in Section 4‑103 of this Code.
(Source: P.A. 93‑456, eff. 8‑8‑03.)

    (625 ILCS 5/4‑103.3) (from Ch. 95 1/2, par. 4‑103.3)
    Sec. 4‑103.3. Organizer of an aggravated vehicle theft conspiracy.
    (a) A person commits the offense of organizer of a vehicle theft conspiracy if:
        (1) the person intentionally violates Section
     4‑103.2 of this Code with the agreement of 3 or more persons; and
        (2) the person is known by other co‑conspirators as
     the organizer, supervisor, financier or otherwise leader of the conspiracy.
    (b) No person may be convicted of organizer of a vehicle theft conspiracy unless an overt act in furtherance of the agreement is alleged and proved to have been committed by him or by a co‑conspirator, and the accused is part of a common plan or scheme to engage in the unlawful activity.
    (c) It shall not be a defense to organizer of a vehicle theft conspiracy that the person or persons with whom the accused is alleged to have conspired:
        (1) has not been prosecuted or convicted;
        (2) has been convicted of a different offense;
        (3) is not amenable to justice;
        (4) has been acquitted; or
        (5) lacked the capacity to commit an offense.
    (d) Notwithstanding Section 8‑5 of the Criminal Code of 1961, a person may be convicted and sentenced for both the offense of organizer of a vehicle theft conspiracy and any other offense in this Chapter which is the object of the conspiracy.
    (e) Organizer of a vehicle theft conspiracy is a Class X felony.
(Source: P.A. 86‑1209.)

    (625 ILCS 5/4‑104) (from Ch. 95 1/2, par. 4‑104)
    Sec. 4‑104. Offenses relating to possession of titles and registration.
    (a) It is a violation of this Chapter for:
        1. A person to possess without authority any
     manufacturers statement of origin, certificate of title, salvage certificate, junking certificate, display certificate of title, registration card, license plate, registration sticker or temporary registration permit, whether blank or otherwise;
        2. A person to possess any manufacturers certificate
     of origin, salvage certificate, junking certificate, certificate of title, display certificate without complete assignment;
        3. A person to possess any manufacturers statement
     of origin, salvage certificate, junking certificate, display certificate or certificate of title, temporary registration permit, registration card, license plate or registration sticker knowing it to have been stolen, converted, altered, forged or counterfeited;
        4. A person to display or affix to a vehicle any
     certificate of title, manufacturers statement of origin, salvage certificate, junking certificate, display certificate, temporary registration permit, registration card, license plate or registration sticker not authorized by law for use on such vehicle;
        5. A person to permit another, not entitled thereto,
     to use or have possession of any manufacturers statement of origin, salvage certificate, junking certificate, display certificate or certificate of title, registration card, license plate, temporary registration permit, or registration sticker;
        6. A person to fail to mail or deliver to the proper
     person within a reasonable period of time after receipt from the Secretary of State, any certificate of title, salvage certificate, junking certificate, display certificate, registration card, temporary registration permit, license plate or registration sticker. If a person mails or delivers reasonable notice to the proper person after receipt from the Secretary of State, a presumption of delivery within a reasonable period of time shall exist; provided, however, the delivery is made, either by mail or otherwise, within 20 days from the date of receipt from the Secretary of State.

 
    (b) Sentence:
        1. A person convicted of a violation of subsection 1
     or 2 of paragraph (a) of this Section is guilty of a Class 4 felony.
        2. A person convicted of a violation of subsection 3
     of paragraph (a) of this Section is guilty of a Class 2 felony.
        3. A person convicted of a violation of either
     subsection 4 or 5 of paragraph (a) of this Section is guilty of a Class A misdemeanor and upon a second or subsequent conviction of such a violation is guilty of a Class 4 felony.
        4. A person convicted of a violation of subsection 6
     of paragraph (a) of this Section is guilty of a petty offense.
(Source: P.A. 87‑854; 87‑1225; 88‑45.)

    (625 ILCS 5/4‑105) (from Ch. 95 1/2, par. 4‑105)
    Sec. 4‑105. Offenses relating to disposition of titles and registration. (a) It is a violation of this Chapter for:
    1. a person to alter, forge, or counterfeit any manufacturers statement of origin, certificate of title, salvage certificate, junking certificate, display certificate, registration sticker, registration card, or temporary registration permit;
    2. a person to alter, forge, or counterfeit an assignment of any manufacturers statement of origin, certificate of title, salvage certificate or junking certificate;
    3. a person to alter, forge, or counterfeit a release of a security interest on any manufacturers statement of origin, certificate of title, salvage certificate or junking certificate;
    4. a person to alter, forge, or counterfeit an application for any certificate of title, salvage certificate, junking certificate, display certificate, registration sticker, registration card, temporary registration permit or license plate;
    5. a person to use a false or fictitious name or address or altered, forged, counterfeited or stolen manufacturer's identification number, or make a material false statement, or fail to disclose a security interest, or conceal any other material fact on any application for any manufacturers statement of origin, certificate of title, junking certificate, salvage certificate, registration card, license plate, temporary registration permit, or registration sticker or commit a fraud in connection with any application under this Act;
    6. an unauthorized person to have in his possession a blank Illinois certificate of title paper;
    7. a person to surrender or cause to be surrendered any certificate of title, salvage or junking certificate in exchange for a certificate of title or other title document from any other state or foreign jurisdiction for the purpose of changing or deleting an "S.V." or "REBUILT" notation, odometer reading, or any other information contained on such Illinois certificate.
    (b) Sentence:
    A person convicted of a violation of this Section shall be guilty of a Class 2 felony.
(Source: P.A. 84‑986.)

    (625 ILCS 5/4‑105.1) (from Ch. 95 1/2, par. 4‑105.1)
    Sec. 4‑105.1. Offenses relating to deletion or falsification of information on title document.
    (a) It is a violation of this Code for a person to knowingly, with the intent to defraud, surrender or cause to be surrendered any manufacturer's statement of origin, certificate of title, salvage certificate, junking certificate, or other title document, in exchange for a certificate of title or other title document of this State or of any other State or foreign jurisdiction which results in or attempts to result in:
        1. The deletion of the words "S.V.", "REBUILT" or
     similar notation.
        2. The falsification of an odometer reading; or
        3. The alteration or deletion of any other
     information required to be contained on such certificate of title or any other title document of any State or foreign jurisdiction.
    (b) Presumptions. A title surrendered to another jurisdiction that is subsequently submitted to any person, corporation, or other legal entity, residing or doing business within Illinois, the following presumption shall apply; if the title document fails to contain all of the previous information required by Illinois law, it shall be presumed to have been done so knowingly.
    It shall be a rebuttable presumption that any title document surrendered or submitted with a false odometer reading shall be presumed to have been done so knowingly.
    (c) Sentence. A person convicted of a violation of this Section shall be guilty of a Class A misdemeanor. A person convicted of violating this Section a second or subsequent time shall be guilty of a Class 3 felony.
(Source: P.A. 91‑571, eff. 1‑1‑00.)

    (625 ILCS 5/4‑105.5) (from Ch. 95 1/2, par. 4‑105.5)
    Sec. 4‑105.5. Attempt. As defined in Section 8‑4 of the Criminal Code of 1961.
(Source: P.A. 81‑932.)

    (625 ILCS 5/4‑106) (from Ch. 95 1/2, par. 4‑106)
    Sec. 4‑106. Principals.
    It shall be a violation of the provisions of this Chapter for a person, whether present or absent, to aid, abet, induce, procure or cause the commission of an act which, if done directly by him, would constitute a violation of the provisions of this Chapter.
(Source: P.A. 76‑1586.)

    (625 ILCS 5/4‑107) (from Ch. 95 1/2, par. 4‑107)
    Sec. 4‑107. Stolen, converted, recovered and unclaimed vehicles.
    (a) Every Sheriff, Superintendent of police, Chief of police or other police officer in command of any Police department in any City, Village or Town of the State, shall, by the fastest means of communications available to his law enforcement agency, immediately report to the State Police, in Springfield, Illinois, the theft or recovery of any stolen or converted vehicle within his district or jurisdiction. The report shall give the date of theft, description of the vehicle including color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license registration number, including the state in which the license was issued and the year of issuance, together with the name, residence addres