No person shall injure or deface any lawful advertisement or
notice.
No person shall post any bill or advertisement on any property
without the written consent of the owner of that property.
A.
Whoever enters upon the land or any part thereof of another, after
receiving, prior to that entry, notice from the owner or occupant
that the entry is forbidden, or remains upon the land of another after
receiving notice from the owner or occupant to depart, commits a violation
of the Bannockburn Morals and Conduct Code.
B.
A person has received notice from the owner or occupant within the meaning of Subsection A if the person has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry has been conspicuously posted or exhibited at the main entrance to the property or the forbidden part thereof.
C.
Whoever knowingly and without authority enters any part of or operates
any vehicle or watercraft of another commits a violation of the Bannockburn
Morals and Conduct Code.
Without constituting any limitation upon the provisions of § 141-303, any of the following acts by any person shall be deemed included among those that constitute trespasses in violation of the provisions of § 141-303, and appropriate action may be taken at any time, or from time to time, to prevent or suppress any violation of the provisions of this article, the aforesaid enumerated acts so included being as follows:
A.
An entry upon the premises, or any part thereof, of another, including
any public property, in violation of a notice posted or exhibited
at the main entrance to the premises or at any point of approach or
entry, or in violation of any notice, warning, or protest given orally
or in writing by any owner or occupant of the premises; or
B.
The pursuit of a course of conduct or action incidental to the making
of an entry upon the land of another in violation of a notice posted
or exhibited at the main entrance to the premises or at any point
of approach or entry, or in violation of any notice, warning, or protest
given orally or in writing by any owner or occupant of the premises;
or
C.
A failure or refusal to depart from the premises of another in case
of being requested, either orally or in writing, to leave by any owner
or occupant; or
D.
An entry into or upon any vehicle, aircraft, or watercraft without
the consent of the person having the right to the possession or control
thereof, or a failure or refusal to leave any vehicle, aircraft, or
watercraft after being requested to leave by the person having the
right.
No person shall damage, destroy, deface, remove, and/or carry away any property belonging to the Village. In addition to the penalty provided for in Article XII, the violator shall be liable to the Village for the replacement or repair of the property affected.
No person shall willfully, maliciously, or negligently break,
deface, injure, or destroy any property within the Village, whether
the property is owned by the state, county, Village, or any other
governmental body, or owned by any private person.
A.
DECEPTION
(1)
(2)
(3)
(4)
(5)
OBTAIN
OBTAINS OR EXERTS CONTROL
OWNER
PERMANENTLY DEPRIVE
(1)
(2)
(3)
(4)
PROPERTY
STOLEN PROPERTY
THREAT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
VALUE
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Knowingly to:
Create or confirm another's impression that is false and that
the offender does not believe to be true; or
Fail to correct a false impression that the offender previously
has created or confirmed; or
Prevent another from acquiring information pertinent to the
disposition of the property involved; or
Sell or otherwise transfer or encumber property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment
of the property, whether the impediment is or is not valid, or is
or is not a matter of official record; or
Promise performance that the offender does not intend to perform
or knows will not be performed. Failure to perform standing alone
is not evidence that the offender did not intend to perform.
Over property, includes but is not limited to the taking,
carrying away, or the sale, conveyance, or transfer of title to, or
interest in, or possession of property.
A person, other than the offender, who has possession of
or any other interest in the property involved, even though that interest
or possession is unlawful, and without whose consent the offender
has no authority to exert control over the property.
To:
Defeat all recovery of the property by the owner; or
Deprive the owner permanently of the beneficial use of the property;
or
Retain the property with intent to restore it to the owner only
if the owner purchases or leases it back, or pays a reward or other
compensation for its return; or
Sell, give, pledge, or otherwise transfer any interest in the
property or subject it to the claim of a person other than the owner.
Anything of value. Property includes real estate, money,
commercial instruments, admission or transportation tickets, written
instruments representing or embodying rights concerning anything of
value, labor, or services, or otherwise of value to the owner; things
growing on, affixed to, or found on land, or part of or affixed to
any building; electricity, gas and water; birds, animals, and fish,
which ordinarily are kept in a state of confinement; food and drink;
samples, cultures, microorganisms, specimens, records, recordings,
documents, blueprints, drawings, maps, and whole or partial copies,
descriptions, photographs, prototypes or models thereof, or any other
articles, materials, devices, substances, and whole or partial copies,
descriptions, photographs, prototypes, or models thereof which constitute,
represent, evidence, reflect, or record a secret scientific, technical,
merchandising, production or management information, design, process,
procedure, formula, invention, or improvement.
Property over which control has been obtained by theft.
A menace, however communicated, to:
Inflict physical harm on the person threatened or any other
person or on property; or
Subject any person to physical confinement or restraint; or
Commit any criminal offense; or
Accuse any person of a criminal offense; or
Expose any person to hatred, contempt, or ridicule; or
Harm the credit or business repute of any person; or
Reveal any information sought to be concealed by the person
threatened; or
Take action as an official against anyone or anything, or withhold
official action, or cause such action or withholding; or
Bring about or continue a strike, boycott, or other similar
collective action if the property is not demanded or received for
the benefit of the group that a person purports to represent; or
Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
Inflict any other harm that would not benefit the offender.
Of property consisting of any commercial instrument or any
written instrument representing or embodying rights concerning anything
of value, labor, or services or otherwise of value to the owner shall
be:
The "market value" of the instrument if the instrument is negotiable
and has a market value; and
The "actual value" of the instrument if the instrument is not
negotiable or is otherwise without a market value. For the purpose
of establishing "actual value," the interest of any owner or owners
entitled to part or all of the property represented by the instrument,
by reason of the instrument, may be shown, even if another "owner"
is named in the complaint.
B.
Elements of the offense. A person commits theft when he or she knowingly:
(1)
Obtains or exerts unauthorized control over property of the
owner; or
(2)
Obtains by deception control over property of the owner; or
(3)
Obtains by threat control over property of the owner; or
(4)
Obtains control over stolen property knowing the property to
have been stolen by another or under circumstances that reasonably
induce the person to believe that the property was stolen, and:
(a)
Intends to deprive the owner permanently of the use or benefit
of the property; or
(b)
Knowingly uses, conceals, or abandons the property in a manner
so as to deprive the owner permanently of the use or benefit of the
property; or
(c)
Uses, conceals, or abandons the property knowing that the use,
concealment, or abandonment probably will deprive the owner permanently
of the use or benefit of the property.
C.
Prima facie evidence of theft by lessee. It shall be prima facie
evidence that a person "knowingly obtains or exerts unauthorized control
over property of the owner" when a lessee of the personal property
of another fails to return it to the owner within 30 days after written
demand from the owner for its return. A notice in writing, given after
the expiration of the leasing agreement, addressed and mailed, by
registered mail, to the lessee at the address given by the lessee
and shown on the leasing agreement shall constitute proper demand.
D.
Theft of lost or mislaid property. A person who obtains control over
lost or mislaid property commits theft when he:
E.
Theft of labor or services or use of property. A person commits theft
when he or she obtains the temporary use of property, labor, or services
of another that are available only for hire, by means of threat or
deception or knowing that the use is without the consent of the person
providing the property, labor, or services.
F.
Offender's interest in the property. It is no defense to a charge
of theft of property that the offender has an interest in the property,
when the owner also has an interest to which the offender is not entitled.
Where the property involved is that of the offender's spouse, no prosecution
for theft may be maintained unless the parties were not living together
as man and wife and were living in separate abodes at the time of
the alleged theft.
G.
Theft from coin-operated machines.
(1)
A person commits theft from a coin-operated machine when he
or she knowingly, without authority, and with intent to commit a theft
from the machine, opens, breaks into, tampers with, or damages a coin-operated
machine.
(2)
As used in this section, the term "coin-operated machine" shall
include any automatic vending machine or any part thereof, parking
meter, coin telephone, coin laundry machine, coin dry-cleaning machine,
amusement machine, music machine, vending machine dispensing goods
or services, or money changer.
H.
Coin-operated machines; possession of a key or device. Whoever possesses a key, tool, instrument, explosive, or device or a drawing, print, or mold of a key, tool, instrument, explosive, or device designed to open, break into, tamper with, or damage a coin-operated machine as defined in Subsection G, with intent to commit a theft from the machine, shall be guilty of a violation thereof.
A.
CONCEAL MERCHANDISE
FULL RETAIL VALUE
MERCHANDISE
MERCHANT
MINOR
PEACE OFFICER
PERSON
PREMISES OF A RETAIL MERCANTILE ESTABLISHMENT
RETAIL MERCANTILE ESTABLISHMENT
SHOPPING CART
UNDER-RING
Definitions. For the purposes of this section, the following words
and phrases shall have the meanings indicated:
Although there may be some notice of its presence, merchandise
is not visible through ordinary observation.
The merchant's stated or advertised price of the merchandise.
Any item of tangible personal property.
An owner or operator of any retail mercantile establishment
or any agent, employee, lessee, consignee, officer, director, franchisee,
or independent contractor of the owner or operator.
A person who is under 19 years of age, is unemancipated,
and resides with his or her parents or legal guardian.
A police officer of the Village or of any other governmental
unit having legal jurisdiction.
Any natural person or individual.
Includes, but is not limited to, the retail mercantile establishment;
any common use areas in shopping centers; and all parking areas set
aside by a merchant or on behalf of a merchant for the parking of
vehicles for the convenience of the patrons of the retail mercantile
establishment.
Any place where merchandise is displayed, held, stored, or
offered for sale to the public.
Those push carts of the type or types which are commonly
provided by grocery stores, drugstores, or other retail mercantile
establishments for the use of the public in transporting commodities
in stores and markets and, incidentally, from the store to a place
outside the store.
To cause the cash register or other sales recording device
to reflect less than the full retail value of the merchandise.
B.
Offense of retail theft. A person commits the offense of retail theft
when he or she knowingly:
(1)
Takes possession of, carries away, transfers, or causes to be
carried away or transferred, any merchandise displayed, held, stored,
or offered for sale in a retail mercantile establishment with the
intention of retaining that merchandise or with the intention of depriving
the merchant permanently of the possession, use, or benefit of that
merchandise without paying the full retail value of that merchandise;
or
(2)
Alters, transfers, or removes any label, price tag, marking,
indicia of value, or any other markings which aid in determining value
affixed to any merchandise displayed, held, stored, or offered for
sale, in a retail mercantile establishment and attempts to purchase
the merchandise personally or in consort with another at less than
the full retail value with the intention of depriving the merchant
of the full retail value of the merchandise; or
(3)
Transfers any merchandise displayed, held, stored, or offered
for sale in a retail mercantile establishment from the container in
or on which the merchandise is displayed to any other container with
the intention of depriving the merchant of the full retail value of
the merchandise; or
(4)
Under-rings with the intention of depriving the merchant of
the full retail value of the merchandise; or
(5)
Removes a shopping cart from the premises of a retail mercantile
establishment without the consent of the merchant given at the time
of the removal with the intention of depriving the merchant permanently
of the possession, use, or benefit of the cart.
C.
Presumptions. If any person 1) conceals upon his or her person or
among his or her belongings unpurchased merchandise displayed, held,
stored, or offered for sale in a retail mercantile establishment;
and 2) removes that merchandise beyond the last known station for
receiving payments for that merchandise in that retail mercantile
establishment, the person shall be presumed to have possessed, carried
away, or transferred the merchandise with the intention of retaining
it or with the intention of depriving the merchant permanently of
the possession, use, or benefit of the merchandise without paying
the full retail value of the merchandise.
D.
Detention.
(1)
Any merchant who has reasonable grounds to believe that a person
has committed retail theft may detain that person, on or off the premises
of a retail mercantile establishment, in a reasonable manner and for
a reasonable length of time for all or any of the following purposes:
(a)
To request identification;
(b)
To verify that identification;
(c)
To make reasonable inquiry as to whether that person has in
his or her possession unpurchased merchandise and to make reasonable
investigation of the ownership of the merchandise;
(d)
To inform a peace officer of the detention of the person and
surrender that person to the custody of a peace officer;
(e)
In the case of a minor, to inform a peace officer, the parents,
guardian, or other private person interested in the welfare of that
minor of this detention and to surrender custody of that minor to
that person.
(2)
A merchant may make a detention as permitted under this section
off the premises of a retail mercantile establishment only if that
detention is pursuant to an immediate pursuit of that person.
E.
Affirmative defense. A detention as permitted in this section does
not constitute an arrest as defined in the Code of Criminal Procedure
of 1963 (725 ILCS 5/100-1 et seq.), or an unlawful restraint as defined
in the Criminal Code of 2012 (720 ILCS 5/1-1 et seq.), nor shall it
render the merchant liable to the persons so detained.
It shall be unlawful to commit a deceptive practice. A person
commits a deceptive practice when, with intent to defraud:
A.
The person causes another, by deception or threat, to execute a document
disposing of property or a document by which a pecuniary obligation
is incurred; or
B.
The person knowingly makes or directs another to make a false or
deceptive statement addressed to the public for the purpose of promoting
the sale of property or services; or
C.
With intent to obtain control over property or to pay for property,
labor, or services of another, the person issues or delivers a check
or other order upon a real or fictitious depository for the payment
of money, knowing that it will not be paid by the depository. Failure
to have sufficient funds or credit with the depository when the check
or other order is issued or delivered, or when a check or other order
is presented for payment and dishonored on each of two occasions at
least seven days but not more than 45 days apart, is prima facie evidence
that the offender knows that it will not be paid by the depository
and that the offender has the intent to defraud.
