(A) Offense. It shall be unlawful for any person to commit retail theft. A person commits the offense of retail 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 without paying the full retail value of such merchandise;
(2) Alters, transfers or removes any labels, price tags, markings, 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 such merchandise personally or in consort with another at less than the full retail value;
(3) Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container;
(4) Under-rings the full retail value of merchandise;
(5) Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal; or
(6) Orders food, drink or other consumable items and once having been presented with the finished item, consumes such item without paying for such item with the intention of depriving the merchant of the full retail value of such item.
(B) Presumption. If any person meets both of the following criteria, such person shall be presumed to have possessed, carried away or transferred merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise:
(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.
Statutory reference:
Provisions concerning retail theft, see 720 ILCS 5/16-25 et seq.