- 10 - Section 16-1 of the Illinois Criminal Code, in pertinent part, defines “theft” as follows: Sec. 16-1. Theft. (a) A person commits theft when he knowingly: (1) Obtains or exerts unauthorized control over property of the owner; or (2) Obtains by deception control over property of the owner; * * * * * * * * * * and (A) Intends to deprive the owner permanently of the use or benefit of the property; or (B) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or (C) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit. [720 Ill. Comp. Ann. 5/16-1 (LexisNexis 2006).] In Illinois, the crime of theft includes theft by embezzlement. See People v. McCarty, 445 N.E.2d 298, 301-302 (Ill. 1983) (discussing the Committee Comments to Illinois’s Criminal Code); In re Trovato, 145 Bankr. 575, 580 (Bankr. N.D. Ill. 1991). Section 484(a) of the California Penal Code, in pertinent part, defines “theft” as follows: Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011