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IL · jury_instructions

Ill. Pattern Jury Instr. (Criminal) 13.43

Definition Of Retail Theft

activein force · 2026-09-10 – presentas-observed

A person commits the offense of retail theft when he knowingly

[1] [(takes possession of) (carries away) (transfers) (causes to be carried away) (causes to

be transferred)] any merchandise [(displayed) (held) (stored) (offered for sale)] in a retail

mercantile establishment with the intention of [(reta ining such merchandise) (depriving the

merchant permanently of the possession, use, or benefit of such merchandise)] without paying

the full retail value of such merchandise[(.) (; and)]

[or]

[2] [(alters) (transfers) (removes)] any [(label) (pri ce tag) (indicia of value) (marking

which aids in determining value)] affixed to any merchandise [(held) (stored) (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 with the intention of depriving the merchant

of the full retail value of such merchandise[(.) (; and)]

[or]

[3] transfers any merchandise [(displayed) (held) (stored) (offered)] for sale in a retail

mercantile establishment from the container [(in) (on)] which such merchandise is displayed to

any other container with the intention of depriving the merchant of the full retail value of such

merchandise[(.) (; and)]

[or]

[4] under-rings with the intention of depriving the merchant of the full retail value of the

merchandise[(.) (; and)]

[or]

[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 with the intention of

depriving the merchant permanently of the [(possession) (use) (benefit)] of such cart[(.) (; and)

]

[or]

[6] represents to a merchant that he or another is the lawful owner of property, knowing

that such representation is false, and [(conveys) (attempts to convey)] that property to a

merchant who is the owner of the property in exchange for [(money) (merchandise) (credit)

(other property of the merchant)] [(.) (; and)]

[or]

[7] [(uses) (possesse s)] any [(theft detection shielding device) (theft detection device

remover)] with the intention of using such device to deprive the merchant permanently of the [

(possession) (use) (benefit)] of any merchandise [(displayed) (held) (stored) (offered f or sale)]

in a retail mercantile establishment without paying the full retail value of such merchandise[(.) (;

and)]

[or]

[8] [(obtains) (exerts unauthorized control over)] property of the owner and thereby

intends to deprive the owner permanently of the [(use) (benefit)] of the property when a lessee

of the personal property of another fails to return it to the owner, or if the lessee fails to pay the

full retail value of such property to the lessor in satisfaction of any contractual provision

requiring such, within 30 days after written demand from the owner for its return[(.) (; and)]

[9] the value of the property exceeds $150.

Provenance

Source
illinoiscourts.gov
Retrieved
2026-09-10
Edition
2026-09-10
Content hash
8e69060c54f22ee4e90f163bd3e0e712c0584e9a4aaaf6fd54d09c8706e7243a
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