What is the Statute of Limitations for Forgery in Illinois?
Full Question:
Answer:
The answer will depend on the precise nature of the claim, such as whether a criminal forgery claim or fraud claim is brought.
Please see the Illinois statutes at the link below:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+17&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60716&SeqStart=41300000&SeqEnd=44900000&ActName=Criminal+Code+of+1961%2E
Please see the IL statutes below to determine applicability:
720 ILCS 5/17-3 (from Ch. 38, par. 17-3)
Sec. 17-3. Forgery.
(a) A person commits forgery when, with intent to defraud,
he knowingly:
(1) makes or alters any document apparently capable of
defrauding another in such manner that it purports to have
been made by another or at another time, or with different
provisions, or by authority of one who did not give such
authority; or
(2) issues or delivers such document knowing it to have been
thus made or altered; or
(3) possesses, with intent to issue or deliver, any such
document knowing it to have been thus made or altered; or
(4) unlawfully uses the digital signature, as defined in the
Financial Institutions Electronic Documents and Digital
Signature Act, of another; or
(5) unlawfully uses the signature device of another to
create an electronic signature of that other person, as
those terms are defined in the Electronic Commerce Security
Act.
(b) An intent to defraud means an intention to cause another
to assume, create, transfer, alter or terminate any right,
obligation or power with reference to any person or
property. As used in this Section, "document" includes, but
is not limited to, any document, representation, or image
produced manually, electronically, or by computer.
(c) A document apparently capable of defrauding another
includes, but is not limited to, one by which any right,
obligation or power with reference to any person or property
may be created, transferred, altered or terminated. A
document includes any record or electronic record as those
terms are defined in the Electronic Commerce Security Act.
(d) Sentence.
Forgery is a Class 3 felony.
Sec. 13‑205. Five year limitation. Except as provided in Section 2‑725 of the "Uniform Commercial Code", approved July 31, 1961, as amended, and Section 11‑13 of "The Illinois Public Aid Code", approved April 11, 1967, as amended, actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.
(720 ILCS 5/3‑5) (from Ch. 38, par. 3‑5)
Sec. 3‑5. General Limitations.
(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11‑401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11‑403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11‑20.1, aggravated child pornography under paragraph (1) of subsection (a) of Section 11‑20.3, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 12‑12 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3‑6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense.
(b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3‑6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 95‑899, eff. 1‑1‑09; 96‑292, eff. 1‑1‑10.)
(720 ILCS 5/3‑6) (from Ch. 38, par. 3‑6)
Sec. 3‑6. Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3‑5 or other applicable statute is extended under the following conditions:
(a) A prosecution for theft involving a breach of a fiduciary obligation to the aggrieved person may be commenced as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal disability or within one year after the termination thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
(b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
(c) (Blank).
(d) A prosecution for child pornography, indecent solicitation of a child, soliciting for a juvenile prostitute, juvenile pimping or exploitation of a child may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 12‑12 of this Code, where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within one year after the discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44 of the "Environmental Protection Act", approved June 29, 1970, as amended, may be commenced within 5 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 5 years after the proper prosecuting officer becomes aware of the offense.
(f‑5) A prosecution for any offense set forth in Section 16G‑15 or 16G‑20 of this Code may be commenced within 5 years after the discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
(j) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse, or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act may be commenced within 20 years after the child victim attains 18 years of age. When the victim is under 18 years of age at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age.
Nothing in this subdivision (j) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
(k) A prosecution for theft involving real property exceeding $100,000 in value under Section 16‑1, identity theft under Section 16G‑15, aggravated identity theft under Section 16G‑20, or any offense set forth in Article 16H may be commenced within 7 years of the last act committed in furtherance of the crime.
(Source: P.A. 95‑548, eff. 8‑30‑07; 96‑233, eff. 1‑1‑10.)
