For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. All vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition, or any vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.
BUILDING. Any structure, vehicle, railway car, aircraft or watercraft used for lodging, business or industry.
CREDIT CARD. Any instrument or device, whether incomplete, revoked or expired, whether known as a credit card, credit plate, charge plate, courtesy card or by any other name, issued with or without fee for the use of the cardholder in obtaining money, goods, services or anything else of value, including satisfaction of a debt or the payment of a check drawn by a cardholder, either on credit or in consideration of an undertaking or guaranty by the issuer.
DAMAGE. An injury or harm to property sufficient to lower its value or involving significant inconvenience or loss of efficiency.
DECEPTION.
(1) Occurs when a person knowingly:
(a) Creates or confirms another’s false impression which the person previously has created or confirmed;
(b) Fails to correct another’s false impression which the person previously has created or confirmed;
(c) Prevents another from acquiring information material to the disposition of the property involved;
(d) Transfers or encumbers property without disclosing a lien, adverse claim or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is not a matter of official record;
(e) Promises performance which the person does not intend to perform or knows will not be performed; or
(f) Uses a credit card without authorization or which he or she knows to be stolen, forged, revoked or canceled.
(2) The term
DECEPTION does not include falsity as to matters having no pecuniary significance.
ENTER OR REMAIN UNLAWFULLY. An unlicenced, uninvited or otherwise unprivileged entry into or remaining in or upon premises. A person who, regardless of his or her intent, enters or remains in or upon premises which are, at the time, open to the public does so with license and privilege unless he or she defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. Permission to enter or remain in a public building which is only partly open to the public is not PERMISSION TO ENTER OR REMAIN in that part of the building which is not open to the public.
FULL RETAIL VALUE. The merchant’s stated or advertised price of the merchandise.
INOPERABLE MOTOR VEHICLE. Any motor vehicles from which, for a period of at least 30 days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise treated that the vehicle is incapable of being driven under its own motor power. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations; nor to any motor vehicles that are kept within a building when not in use; nor to historic vehicles over 25 years of age; nor to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles.
LEGAL GUARDIAN. A person appointed guardian or given custody of a minor by a Circuit Court of the state, but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act, being 705 ILCS 405/1-1 et seq.
MERCHANDISE. Any item of tangible personal property.
MERCHANT. An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
MINOR. A person who is above the age of 11 years, but not yet 19 years of age.
OBTAIN.
(1) In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or
(2) In relation to labor or service, to secure performance thereof for the benefit of the obtainer or another.
OBTAIN OR EXERTS UNAUTHORIZED CONTROL OVER PROPERTY. Includes, but is not necessarily limited to, conduct heretofore defined or known as common law theft by trespassory taking, common law theft by trick, theft by conversion, embezzlement, extortion or obtaining property by false pretenses.
OWNER. Any person, other than the person who has possession of or any other interest in the property involved, and without whose consent the person has no authority to exert control over the property.
PEACE OFFICER. Any person who, by virtue of his or her office or public employment is vested in law with a duty to maintain public order or to make arrests for an offense whether that duty extends to all offenses or is limited to specific offenses.
PERMANENTLY TO DEPRIVE.
(1) To withhold property, or cause it to be withheld from a person permanently or for so extended a period or under such circumstances that the major portion of its economic value, or of the use and benefit of such property, is lost to him or her;
(2) To dispose of the property so as to make it unlikely that the owner will recover it;
(3) To 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
(4) To encumber, sell, give, pledge or otherwise transfer any interest in the property.
PREMISES. A building or real property.
PREMISES OF A RETAIL MERCANTILE ESTABLISHMENT. 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 such retail mercantile establishment.
PROPERTY. Any money, credit card, personal property, real property, thing in action, evidence of debt or contract, public record or article of value of any kind.
RECEIVING. Includes, but is not limited to, acquiring title, possession, control or a security interest in the property.
RETAIL MERCANTILE ESTABLISHMENT. Any place where merchandise is displayed, held, stored or offered for sale to the public.
RETAIL THEFT. Limited to knowingly taking possession of merchandise, the full retail value of which does not exceed $150.
SERVICE. Includes, but is not limited to, labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water.
SHOPPING CART. Those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in trans-porting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
STEAL.
(1) To knowingly obtain or exert unauthorized control over the property of another with intent permanently to deprive him or her of such property; or
(2) To knowingly obtain by deception control over property of another with intent permanently to deprive him or her of such property.
STOLEN. Obtained by theft, robbery, extortion or appropriating lost or misdelivered property.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
THREAT. To communicate, directly or indirectly, the intent:
(1) To cause bodily injury in the future to another;
(2) To cause damage to property of another;
(3) To subject another person to physical confinement or restraint;
(4) To accuse another person of a crime or cause criminal charges to be instituted against another person;
(5) To expose a secret or publicize an asserted fact, whether true or false, tending to subject another person to hatred, contempt or ridicule;
(6) To reveal significant information sought to be concealed by the person threatened;
(7) To testify or provide information sought to be concealed by the person threatened;
(8) To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or
(9) To do any other act which is intended to harm substantially any person with respect to his or her health, safety, business, financial condition or personal relationship.
TO CONCEAL MERCHANDISE. Although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
UNDER-RING. To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons of property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.