{"id":373046,"date":"2017-12-18T19:01:07","date_gmt":"2017-12-19T00:01:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-auto-theft-laws.html"},"modified":"2018-01-17T17:58:20","modified_gmt":"2018-01-17T22:58:20","slug":"illinois-auto-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-auto-theft-laws.html","title":{"rendered":"Illinois Auto Theft Laws"},"content":{"rendered":"\n
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Illinois Auto Theft Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

There are many reasons that people steal cars: sometimes cars are taken for their parts or wheels, while other times people just want to use the car temporarily for a joyride<\/a>. Motor vehicle theft is a crime typically committed in order to carry out other crimes. For instance, stolen cars are often used in shootings or robberies<\/a> because the stolen car has no ties to the perpetrator. Whatever the motive may be, if you take a car, you should be aware that you can face charges under Illinois’ theft laws.<\/p>\n

In Illinois when you steal a car, you will not be facing grand theft auto charges. Instead, the state charges this crime under its general theft statute because there is not a separate statute for motor vehicle thefts in the state.<\/p>\n

Illinois Auto Theft Laws at a Glance<\/h2>\n

The chart below provides a summary of laws related to Illinois’ auto theft laws, including links to important code sections.<\/p>\n\n

Statute and Elements<\/b><\/p>\n<\/td>\n

Theft statute: 720 ILCS 5\/16-1<\/a><\/p>\n

A person commits theft when he or she knowingly engages in the following:<\/p>\n

Penalties and Sentencing<\/b><\/p>\n<\/td>\n

The penalties depend on various factors such as the value of the vehicle stolen and who owns the vehicle. In addition to fines, you may face incarceration.<\/p>\n

Class 3 felony:<\/b><\/p>\n

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  • The value of the stolen vehicle is over $500 but not more than $10,000.<\/li>\n
  • This carries up to a 5 years imprisonment.<\/li>\n<\/ul>\n

    Class 2 felony:<\/b><\/p>\n

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    • Theft of a vehicle valued over $10,000 but less than $100,000.<\/li>\n
    • Theft of a vehicle valued at less than $10,000 but is government property.<\/li>\n
    • If the actor has used deception to steal a vehicle worth $5000 or more from a person who is 60 years old or older.<\/li>\n
    • This offense is punishable by a maximum of 7 years in prison.<\/li>\n<\/ul>\n

      Class 1 felony:<\/b><\/p>\n

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      • Theft of government-owned vehicle valued over $10,000 but less than $100,000.<\/li>\n
      • Theft of a vehicle valued between $100,000 and $500,000.<\/li>\n
      • This offense is punishable by a maximum of 15 years in prison.<\/li>\n<\/ul>\n

        Class 1 non-probationary felony:<\/b><\/p>\n

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        • Theft of vehicle valued between $500,000 and $1,000,000.<\/li>\n<\/ul>\n

          Class X felony:<\/b><\/p>\n

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          • Theft of a government-owned vehicle that exceeds $100,000.<\/li>\n
          • Theft of any vehicle valued at over $1,000,000.<\/li>\n
          • This offense carries a sentence of up to 30 years in prison.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n

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  • Consent<\/li>\n
  • Mistake of fact<\/li>\n
  • Ownership of the vehicle<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Offenses<\/b><\/p>\n<\/td>\n