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whats the stature limit for felony theft in illinois

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Submitted: 8 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 8 years ago.
According to research, it would be three years from the date of the offense for a felony theft charge.

Below is the statute for your review.


(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
Sec. 3-5. General Limitations.
(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, aggravated arson, forgery, or (2) any offense involving sexual conduct or sexual penetration as defined by Section 12-12 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense and the identity of the offender is unknown after a diligent investigation by law enforcement authorities, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 2 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense.
(b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3-6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.


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Customer: replied 8 years ago.
please tell me if i need to worry about this i was arrested 10 years ago in il for retail theft when i was arrested i used the wrong name (sisters) when i went to court my lawyer exsplained everything to the judge i was given a fine and went on my way in 06 went to get it exspudged and the complaint form had my sisters name still on it i was arrested because my sister had a warrent arrest on her. supposeble all paper work has been mended my concern is im going back in to court to get it sealed again ( they said the fine was never paid so its been paid and im up to get it sealed again) can i be arrested for identy theft? ps my sister came with me to court the first time ) thank you for your help ive been going crazy with concern its amazing 10 years ago and this is still hauting me!
Expert:  Attorney & Mediator replied 8 years ago.
Could you please clarify whether it was ten years ago that it was discovered that your sister's name was still on the complaint?

Thanks
Customer: replied 8 years ago.
Reply to LawNinvest's Post: i found out almost 3 years ago when i tried to get it exspudged
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply.

From the information you have provided, there is no way you can be arrested for identity theft. First, this happened three years ago and the statute of limitations will protect you from being prosecuted. Second, in Illinois identity theft requires that you intentionally use your sister's name for a personal gain. Personal gain means you obtained money or other goods fraudulently by using her name to get credit, as an example. This was not the case in your situation. Third, if your sister is not going to press charges, the D.A. is not going to waste their time in prosecuting you. So from the information you have provided, I don't see how you can get arrested for this.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

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