When someone is charged with a crime in Illinois, it’s important that they are aware of the statute of limitations on that type of crime. Why? Because the statute of limitations determines whether or not they can still be charged and face consequences for the alleged act. If the statute of limitations has passed, no charges can occur. Until recently, this is how sex crime charges worked in our state. Each sex crime had a different statute of limitations, which made understanding the law incredibly complex. Not anymore. The law changed in 2017, and now there is no statute of limitations for any sex crime in our state. This means that regardless of how much time has passed since the alleged offense was committed, an individual can still face criminal charges.

How Does the New IL Law Impact Acts That Occurred Before It Was Enacted?

Prior to 2017, each sex crime in our state had a different statute of limitations, meaning for some crimes the individual would not be able to face charges if too much time had passed. As you might imagine, it was incredibly confusing. However, things are still quite complicated today for crimes that occurred before 2017, because changing the law does not retroactively remove the statute of limitations from those offenses. For sex crimes against adults, the question is whether the act took place before or after the law went into effect. If it occurred before the law was in place, the old rules apply.

Sex crimes against children are handled a bit differently. There, the question becomes whether or not the survivor was under 19 as of January 1, 2000. Those 19 or older who were the victim of sex crimes will likely not have those crimes prosecuted. There are other complicating issues and exceptions as well. Things should be far less complicated going forward, though – any sex crime taking place after the law went into effect is viable essentially forever. With that in mind, it’s worth looking at the kinds of charges and penalties that come with sex crimes in our state.

Penalties Associated with Illinois Sex Crime Charges

Generally speaking, the penalties for a sex crime depend on its severity and whether or not it is classified as a misdemeanor or felony. Misdemeanor sex crimes often carry a sentence of up to one year in jail, while felony sex crimes such as criminal sexual assault or aggravated criminal sexual abuse can result in sentences of four to 15 years in prison. Sentences may be increased if the offender has previous convictions or if the victim was under 18 years old. Additionally, some sex offenses include mandatory sex offender registration. Registration involves providing personal information to law enforcement and notifying them if one moves or changes any other details provided, but that description hides how damaging being on the Registry truly is.

What You Should Do If You Are Charged with an Illinois Sex Crime

If you have been charged with a sex crime, it’s important to seek experienced legal counsel right away. An experienced attorney will be able to evaluate your case and provide you with the best advice on how to proceed. It is also important to remember that being charged with a sex crime does not mean you will be convicted, so it’s important to stay positive and take steps toward securing an exoneration or reduced sentence.

Know your rights and the law when it comes to sex crimes. These types of charges tend to come with a huge stigma, and you can be sure that the prosecutor on your case will attempt to paint you in the most negative way possible. The way you fight back is with a strong defense crafted by an experienced, knowledgeable Chicago criminal lawyer. With these kinds of charges, your life is on the line. Make sure you are trusting it to the right person.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

As time passes, it can become more and more difficult to provide clear, definitive evidence that a crime did or didn’t happen. Because of this, Illinois has created a statute of limitations for most criminal offenses – including theft. After a preset amount of time, you are no longer legally able to be charged with a crime.

Today, we’re going to share some general rules of thumb for the Illinois statutes of limitations in theft-related crimes, detail several specific statutes, and cover a few contributing factors for specific cases. Every person’s situation is unique, however, and the best way to understand what’s possible for you is to have an experienced Chicago theft lawyer review your case.

Theft Offenses in Illinois: General Rules of Thumb

The period for a statute of limitations typically begins the moment an alleged crime has been completed. For crimes spanning days, weeks, or longer – a criminal conspiracy, for instance – the clock would not start ticking until the last “overt act“ has been completed.

In our state, the statute of limitations depends on the severity of the crime (Statute 720 ILCS 5/16-1). As a general rule of thumb, misdemeanors typically have a statute of limitations of 18 months, while felonies can be prosecuted up to three years after the criminal act occurs.

Of course, some crimes don’t have statutes of limitations at all. In cases where no statute of limitations exists, the government can charge someone with the offense no matter how long ago it allegedly happened.

However, unless you are facing more severe charges than those associated with theft-related crimes, chances are there is a concrete statute of limitations for your case. For many theft crimes, the “rule of thumb” applies. Some do not adhere to this, though, so below we’re going to dive into specifics based on the charge you’re facing.

How the Statute of Limitations Applies to Specific Illinois Theft Crimes

Theft – In most cases, if the value of stolen property does not exceed $500, theft is considered “petty theft” and the crime will likely be classified as a misdemeanor. If the stolen property values more than $500 total, you may face felony charges.

Specifically, Illinois law outlines the statute of limitations will be 18 months, three years, or seven years depending on the exact value of property stolen, as well as other circumstances surrounding the crime.

Receiving Stolen Property – If you have been accused of possessing stolen property, not the actual theft, you will still be subject to the same statute of limitations as a theft charge.

Should the total value of stolen property not exceed $500, you will be charged with a misdemeanor, and any charges must be brought against you within 18 months or three years – depending on the exact value of property received.

Burglary – Burglary is always classified as a felony in Illinois, and charges must be brought against anyone accused of committing the act within three years in order to meet the statute of limitations.

Robbery – Our state always classifies robbery as a felony as well. In many cases, charges must be brought within three years. However, there may not be a time limit when the dollar value of the property stolen reaches into the hundreds of thousands of dollars.

Other Contributing Factors to the Length of an Illinois Theft Crime’s Statute of Limitations

There are plenty of additional contributing factors that can affect how the court interprets the end date of the limitations period. They can even deem parts of statutes of limitations unenforceable.

For instance, were you aware that a statute of limitations may “toll,” or pause? One example of such a case is if a crime is committed and then the suspect immediately goes into hiding for two years. Because he or she could not be found to face prosecution, the court may grant an additional two years to the statute of limitations.

Another scenario is when more than a single theft charge is brought against a person committing a single act. Or if it is determined that a crime can be classified as having occurred in more than one jurisdiction. When this happens, the statute of limitations may expire for one crime, but still leave a defendant open to prosecution for another criminal act – or for the same crime in a separate jurisdiction.

Even your right to a speedy trial can greatly affect a standard statute of limitations for a given crime.

If and when you are facing theft charges, it is very important that you understand how statutes of limitations apply to your specific theft-related crime, and what impact the circumstances surrounding your case may have on the standard time limits for bringing charges against you. It may mean the difference between continuing to live your normal life and spending time and money being processed through the Illinois court system and facing the prospect of being incarcerated.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.