CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/16-40

Sec. 16-40. Internet offenses.

Illinois Compiled Statute
720 ILCS 5/16-40
Offense Description
Internet offenses
Offense Classification
Class 3 Felony, Class A Misdemeanor
Statutory Penalties & Sentencing Scope
2 to 5 years IDOC (Probation eligible) · Fine up to $25,000
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 720 ILCS 5/16-40 (Internet offenses) is classified as a Class 3 Felony, Class A Misdemeanor. Statutory sentencing scope: 2 to 5 years IDOC (Probation eligible) · Fine up to $25,000. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class 3 Felony, Class A Misdemeanor

2 to 5 years IDOC (Probation eligible) · Fine up to $25,000

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 3 Felony, Class A Misdemeanor
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (4)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Internet offenses Official ILGA · 720 ILCS 5/16-40 -> Class 3 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->
Online sale of stolen property 720 ILCS 5/16-40(a) Official ILGA · 720 ILCS 5/16-40(a) -> Class 3 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->
Online theft by deception 720 ILCS 5/16-40(b) Official ILGA · 720 ILCS 5/16-40(b) -> Class A Misdemeanor Release on Notice Release Eligible — ILGA.gov ->
Electronic fencing 720 ILCS 5/16-40(c) Official ILGA · 720 ILCS 5/16-40(c) -> Class 3 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 16-40. Internet offenses.

(a)

(a) Online sale of stolen property. A person commits online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means.

(b)

(b) Online theft by deception. A person commits online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder.

(c)

(c) Electronic fencing. A person commits electronic fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this Section.

(d)

(d) Sentence. A violation of this Section is a Class 4 felony if the full retail value of the stolen property or property obtained by deception does not exceed $300. A violation of this Section is a Class 2 felony if the full retail value of the stolen property or property obtained by deception exceeds $300.

(Source: P.A. 97-597, eff. 1-1-12.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/16-40 in Illinois?

Under Illinois law, 720 ILCS 5/16-40 (Internet offenses) is classified as a Class 3 Felony, Class A Misdemeanor.

Sentencing Scope: 2 to 5 years IDOC (Probation eligible) · Fine up to $25,000

Is a court appearance mandatory for 720 ILCS 5/16-40 under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 720 ILCS 5/16-40 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 720 ILCS 5/16-40?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 720 ILCS 5/16-40 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/16-40 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-16-40
Cross-Referenced ILCS Codes