What is the Statute of Limitations on embezzlement in Illinois?
Full Question:
In a embezzlement case when charges have not been filed. How long does a company have to file them. This is for someone living in that state of Illinois
05/23/2007 |
Category: Criminal ยป Statute of L... |
State: Illinois |
#5686
Answer:
The following are relevant Illinois statutes:
720 ILCS 5/3-5 (from Ch. 38, par. 3-5)
Sec. 3-5(b). General Limitations.
(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) (first degree murder, attempt to
commit first degree murder, second degree murder,
involuntary manslaughter, reckless homicide, etc.)
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.
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.
Sec. 3-7. Periods excluded from limitation.
The period within which a prosecution must be commenced
does not include any period in which:
(a) The defendant is not usually and publicly resident
within this State; or
(b) The defendant is a public officer and the offense
charged is theft of public funds while in public office; or
(c) A prosecution is pending against the defendant for the
same conduct, even if the indictment or information which
commences the prosecution is quashed or the proceedings
thereon are set aside, or are reversed on appeal; or
(d) A proceeding or an appeal from a proceeding relating to
the quashing or enforcement of a Grand Jury subpoena issued
in connection with an investigation of a violation of a
criminal law of this State is pending. However, the period
within which a prosecution must be commenced includes any
period in which the State brings a proceeding or an appeal
from a proceeding specified in this subsection (d); or
(e) A material witness is placed on active military duty or
leave. In this subsection (e), "material witness" includes,
but is not limited to, the arresting officer, occurrence
witness, or the alleged victim of the offense.
Sec. 3-8. Limitation on offense based on series of acts.
When an offense is based on a series of acts performed at
different times, the period of limitation prescribed by
this Article starts at the time when the last such act is
committed.
720 ILCS 5/16H-10
Sec. 16H-10. Definitions. In this Article unless the context otherwise
requires:
(a) "Financial crime" means an offense described in this Article.
(b) "Financial institution" means any bank, savings bank, savings and
loan association, credit union, trust company, currency exchange, or a
depository of money, or medium of savings and collective investment.
720 ILCS 5/16H-15
Sec. 16H-15. Misappropriation of financial institution property. A person
commits the offense of misappropriation of a financial institution's
property whenever the person knowingly misappropriates, embezzles,
abstracts, purloins or willfully misapplies any of the moneys, funds or
credits of such financial institution, or any moneys, funds, assets or
securities entrusted to the custody or care of such financial institution,
or to the custody or care of any agent, officer, director, or employee of
such financial institution.
720 ILCS 5/16H-25
Sec. 16H-25. Financial institution fraud. A person commits the offense of
financial institution fraud when the person knowingly executes or attempts
to execute a scheme or artifice:
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits, assets, securities, or
other property owned by or under the custody or control of a financial
institution, by means of pretenses, representations, or promises he or
she knows to be false.
For the purposes of this Section, "scheme or artifice to defraud"
includes a scheme or artifice to deprive a financial institution of the
intangible right to honest services.
720 ILCS 5/16H-60
Sec. 16H-60. Sentence.
(a) A financial crime, the full value of which does not exceed $300, is a
Class A misdemeanor.
(b) A person who has been convicted of a financial crime, the full value
of which does not exceed $300, and who has been previously convicted of a
financial crime or any type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, or home invasion, is
guilty of a Class 4 felony. When a person has such prior conviction, the
information or indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to treat the
charge as a felony. The fact of such prior conviction is not an element of
the offense and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such trial.
(c) A financial crime, the full value of which exceeds $300 but does not
exceed $10,000, is a Class 3 felony. When a charge of financial crime, the
full value of which exceeds $300 but does not exceed $10,000, is brought,
the value of the financial crime involved is an element of the offense to
be resolved by the trier of fact as either exceeding or not exceeding $300.
(d) A financial crime, the full value of which exceeds $10,000 but does
not exceed $100,000, is a Class 2 felony. When a charge of financial crime,
the full value of which exceeds $10,000 but does not exceed $100,000, is
brought, the value of the financial crime involved is an element of the
offense to be resolved by the trier of fact as either exceeding or not
exceeding $10,000.
(e) A financial crime, the full value of which exceeds $100,000, is a
Class 1 felony. When a charge of financial crime, the full value of which
exceeds $100,000, is brought, the value of the financial crime involved is
an element of the offense to be resolved by the trier of fact as either
exceeding or not exceeding $100,000.
720 ILCS 5/16H-65
Sec. 16H-65. Period of limitations. The period of limitations for
prosecution of any offense defined in this Article begins at the time when
the last act in furtherance of the offense is committed.
