Illinois Compiled Statutes 240 ILCS 40 Grain Code. Section 15-45

    (240 ILCS 40/15-45)

    Sec. 15-45. Criminal offenses.

    (a) A person who causes a warehouse receipt for grain to be issued knowing that the grain for which that warehouse receipt is issued is not under the licensee's control at the time of issuing that warehouse receipt, or who causes a licensee to issue a warehouse receipt for grain knowing that the warehouse receipt contains any false representation, is guilty of a Class 2 felony.

    (b) A person who, knowingly and without lawful authority, disposes of grain represented by outstanding warehouse receipts or covered by unreceipted storage obligations is guilty of a Class 2 felony.

    (c) A person who, knowingly and without lawful authority:

        (1) withholds records from the Department;

        (2) keeps, creates, or files with the Department

    false, misleading, or inaccurate records;

        (3) alters records without permission of the

    Department; or

        (4) presents to the Department any materially false

    or misleading records; is guilty of a Class 2 felony.

    (d) A licensee who, after suspension or revocation of its license, knowingly and without legal authority refuses to surrender to the Department all books, accounts, and records relating to the licensee that are in its possession or control is guilty of a Class 2 felony.

    (e) A licensee who knowingly impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the Director from performing his or her duties under this Code, or who knowingly refuses to permit inspection of its premises, books, accounts, or records by the Department, is guilty of a Class A misdemeanor.

    (f) A person who, knowingly and without a license, engages in the business of a grain dealer or a warehouseman for which a license is required under the Code is guilty of a Class A misdemeanor.

    (g) A person who, intentionally, knowingly and without lawful authority:

        (1) fails to maintain sufficient assets as required

    by subsection (b) of Section 10-15; or

        (2) issues a collateral warehouse receipt covering

    grain purchased by a price later contract to the extent the purchase price has not been paid by the grain dealer; is guilty of a Class 3 felony.

    (h) In case of a continuing violation, each day a violation occurs constitutes a separate and distinct offense.

(Source: P.A. 93-225, eff. 7-21-03.)

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Last modified: February 18, 2015