Illinois Statutes Chapter 720. Criminal Offenses §-27.Civil liability

§ 16-27.  Civil liability.

(a) A person who commits the offense of retail theft as defined in subdivision (a)(1), (a)(2), (a)(3), or (a)(8) of Section 16-25 shall be civilly liable to the merchant of the merchandise in an amount consisting of:

(i) actual damages equal to the full retail value of the merchandise;  plus

(ii) an amount not less than $100 nor more than $1,000;  plus

(iii) attorney's fees and court costs.

(b) If a minor commits the offense of retail theft, the parents or guardian of the minor shall be civilly liable as provided in this Section;  however, a guardian appointed pursuant to the Juvenile Court Act of 1987 shall not be liable under this Section.  Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the Parental Responsibility Law.  For the purposes of this Section, “minor” means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.

(c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit under this Section.

(d) Judgments arising under this Section may be assigned.


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