Ill. Pattern Jury Instr. (Criminal) 13.78A

To sustain the charge of aggravated identity theft, the State must prove the following

propositions:

[1] First Proposition: That the defendant knowingly used any [(personal identifying

information) (personal identification document)] of another person to fraudulently obtain

[(credit) (money) (goods) (services) (property)]; and

[Second Proposition: That the value of the [(credit) (money) (goods) (services)

(property)] [(did not exceed $300 in value) (exceeded _________ in value but did not exceed

_______ in value)(exceeded $100,000 in value)]; and]

[or]

[2] First Proposition: That the defendant knowingly used [(personal identification)

(personal identification document)] of another with the intent to commit the offense

of __________; and

[or]

[3] First Proposition: That the defendant knowingly [(obtained) (recorded) (possessed)

(sold) (transferred) (purchased) (manufactured)] any [(personal identification information)

(personal identification document)] of another with the intent to commit the offense

of ____________; and

[or]

[4] First Proposition: That the defendant knowingly [(used) (obtained) (recorded)

(possessed) (sold) (transferred) (purchased) (manufactured)] any [(personal identification

information) (personal identification document)] of another knowing that such [(personal

identification information) (personal identification document)] was [(stolen) (produced without

lawful authority)]; and

[or]

[5] First Proposition: That the defendant knowingly [(used) (transferred) (possessed)]

document-making implements to produce [(false identification) (false documents)] with

knowledge that they will be used by the person or another to commit __________________; and

[or]

[6] First Proposition: That the defendant knowingly used any [(personal identification

information) (personal identification document)] of another to portray [(himself) (herself)] as

that person, or otherwise, for the purpose of gaining access to any [(personal identification

information) (personal identification document)] of that person, without the prior express

permission of that person; and

[or]

[7] First Proposition: That the defendant knowingly used any [(personal identification

information) (personal identification document)] of another for the purpose of gaining access to

[(any record of the actions taken) (communications made or received) (activities or transactions

of that person)], without the prior express permission of that person; and

[or]

[8] First Proposition: That the defendant knowingly [(used) (possessed) (transferred)] a

radio frequency identification device capable of obtaining or processing personal identifying

information from a radio frequency identification (RFID) tag or transponder with knowledge that

the device will be used by the defendant or another to commit ______________; and

[or]

[9] First Proposition: That the defendant, in the course of applying for a building permit

with a unit of local government, knowingly provides the license number of a [(roofing) (fire

sprinkler)] contractor whom he does not intend to have perform the work on the [(roofing) (fire

sprinkler)] portion of the project; and

[A] [(

Second) (Third)] Proposition: That the victim is a person 60 years of age or older.

[or]

[B] [(Second) (Third)] Proposition: That the victim is a person with a disability.

[or]

[C] [(Second) (Third)] Proposition: That the action is in furtherance of the activities of

an organized gang.

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

Committe

e Note

720 ILCS 5/16-30(b) (West 2021), effective January 1, 2012, as amended P.A. 97-1109,

effective January 1, 2013.

Give Instruction 13.77A.

When the affirmative defense applicable to paragraph [9] is at issue, give Instruction

13.79, “affirmative defense to identity theft”.

When paragraph [C] is used, give Instruction 4.20, defining the phrase “organized gang”.

When a charge of identity theft of credit, money, goods, services, or other property

exceeding a specified value is brought, the value of the credit, money, goods, services, or other

property is an element of the offense to be resolved by the trier of fact as either exceeding or not

exceeding the specified value. 720 ILCS 5/16-30(d).

The bracketed language regarding the upper limit in value is used in cases where disput es

about the value of the credit, money, goods, services or property fraudulently obtained support

lesser included offenses and a lesser included offense instruction based upon value is given.

Only when a lesser included offense instruction is given are the statutory upper limits provided

in 720 ILCS 5/16-30(e)(1)(A) an issue in the case.

In People v. Sanchez, 2013 IL App (2d) 120445, 992 N.E.2d 148, the appellate court

interpreted the phrase “knowingly used personal identifying information of another” to mean that

the State must prove that the defendant knew that the personal identifying information belonged

to another person. See also People v. Hernandez, 2012 IL App (1st) 092841, 967 N.E.2d 910 (the

word “knowingly” as used in the identity theft statute applies to the “of another person” element

of the offense).

In People v. Bensen, 2017 IL App (2d) 150085, 81 N.E.3d 613, the court construed the

phrase “of another person” to mean that the personal identifying information on a credit card

must identify someone other than the defendant as the cardholder. The Committee believes this

applies to the offense as set forth in paragraphs [1], [2], [6] and [7].

Use applicable bracketed paragraphs and material.

The

bracketed numbers [1] through [9] correspond to the alternatives of the same number

in Instruction 13.77A, and the bracketed letters [A] through [C] correspond to the alternatives of

the same letter in Instruction 13.77A. Select the corresponding alternatives.

The bracketed numbers and letters are present solely for the guidance of court and

counsel and should not be included in the instruction submitted to the jury.

When accountability is an issue, ordinarily insert the phrase “or one for whose conduct he

is legally responsible” after the word “defendant” in each proposition. Give Instruction 5.03.