720 ILCS 5/16-25 Explained: Retail Theft Charges in Illinois

If you are searching for 720 ILCS 5/16-25, there is a good chance you were given paperwork by police or the court and are trying to understand what you are facing. This statute refers to retail theft under Illinois law, a charge that commonly arises from incidents at stores like Target, Walmart, or other retail establishments.

While it may sound like a minor offense, retail theft can carry jail time, significant fines, and a permanent criminal record. In some cases, it can even be charged as a felony. Andrew M. Weisberg is a former Cook County prosecutor with decades of experience. He can walk you through the charges and what to expect in court.

What Is Retail Theft Under Illinois Law?

Under 720 ILCS 5/16-25, a person commits retail theft when they knowingly take merchandise from a retail establishment without paying the full retail value, or engage in other conduct intended to deprive the merchant of the value of the goods.

Retail theft is broader than simply “shoplifting.” The statute covers several different types of conduct, including:

• Taking merchandise without paying
• Altering or switching price tags
• Transferring merchandise from one container to another
• Under-ringing or failing to scan items at self-checkout
• Possessing or using devices designed to defeat security systems

Because of how the law is written, people are sometimes charged even in situations involving confusion, distraction, or mistakes at self-checkout.

Common Situations That Lead to Retail Theft Charges

Retail theft cases often arise out of everyday shopping situations, including:

• Forgetting to scan an item at self-checkout
• Scanning a lower-priced item instead of the correct one
• Leaving a store with unpaid merchandise
• Disputes with store security or loss prevention
• Being accused based on surveillance video

In many cases, the issue comes down to whether there was intent to steal, which is not always as clear as store employees may claim.

Real Examples of Retail Theft in Illinois

Here are some common examples of conduct charged under this statute:

Taking Merchandise Without Paying
Leaving a store with items without going through checkout.

Self-Checkout Issues
Failing to scan items or scanning incorrect barcodes, leading to allegations of underpayment.

Price Tag Switching
Altering or replacing price tags to pay less than the actual retail value.

Use of Theft Detection Shielding Devices
Using bags or devices designed to block anti-theft sensors.

Penalties for Retail Theft (720 ILCS 5/16-25)

The penalties depend on the value of the merchandise and the circumstances of the case:

Class A Misdemeanor

• Applies to lower-value items (generally under $300)
• Up to 364 days in jail
• Fines up to $2,500

Class 4 Felony

• Higher-value items or prior theft-related convictions
• 1 to 3 years in prison
• Fines up to $25,000

Enhanced Felony Charges

• Retail theft exceeding certain value thresholds
• Organized retail theft or multiple incidents

Even for a first offense, prosecutors may take these cases seriously, especially in Cook County.

Long-Term Consequences of a Retail Theft Conviction

Retail theft is considered a crime involving dishonesty, which can have lasting consequences:

• Permanent criminal record
• Difficulty finding employment
• Problems with professional licenses
• Immigration consequences
• Issues with background checks for housing

For many people, avoiding a theft conviction is critical because of how it can affect future opportunities.

Possible Defenses to Retail Theft Charges

Retail theft cases are often more defensible than they initially appear. Common defenses include:

• Lack of intent to steal
• Mistake or confusion at self-checkout
• Insufficient or unclear video evidence
• Incorrect identification by store personnel
• Overreach by loss prevention officers

In many cases, especially in Cook County courts, the prosecution must rely heavily on store employees and surveillance footage, both of which can be challenged.

Andrew M. Weisberg: A Trusted Chicago Defense Attorney

Retail theft cases often seem straightforward, but they frequently involve issues of intent, credibility, and evidence. As a former Cook County prosecutor, Andrew M. Weisberg understands how these cases are evaluated and where weaknesses often exist.

In many retail theft cases, key questions include:

• Whether the act was intentional
• Whether the evidence clearly shows what occurred
• Whether the situation was misinterpreted by store personnel

Mr. Weisberg uses this experience to pursue outcomes such as:

• Dismissal of charges
• Reduction to a non-theft offense
• Avoiding a conviction that could impact your future

The Importance of Acting Quickly

Many people underestimate retail theft charges, especially when the value of the items is low. However, early legal representation can make a significant difference.

In some cases, it may be possible to:

• Resolve the case without a conviction
• Keep the matter off your permanent record
• Minimize court involvement

Delaying action can limit these opportunities.

Frequently Asked Questions About 720 ILCS 5/16-25

What does 720 ILCS 5/16-25 mean?

It is the Illinois statute that defines retail theft, covering conduct such as shoplifting, price tag switching, and certain self-checkout issues.

Is retail theft a felony in Illinois?

It can be. Lower-value cases are typically misdemeanors, but higher-value theft or prior convictions can result in felony charges.

Can I be charged for a mistake at self-checkout?

Yes. However, the key issue is intent. Many cases involve confusion or mistakes, which can be important in your defense.

Will retail theft stay on my record?

A conviction can remain on your record and may affect employment and other opportunities. Avoiding a conviction is often a primary goal.

Can retail theft charges be dismissed?

Yes. Depending on the facts of the case, it may be possible to obtain a dismissal, reduction, or alternative resolution.

Do I need a lawyer for retail theft?

Even for a first offense, having a lawyer can significantly improve your chances of avoiding a permanent record.

Contact Andrew M. Weisberg for a Free Consultation

If you are facing a charge under 720 ILCS 5/16-25, it is important to understand your options as early as possible. Retail theft cases are often more defensible than they first appear, but the outcome can depend on how the case is handled from the beginning.

Call Andrew M. Weisberg at (773) 453-9115 for a free consultation, or use the online contact form on this website to get in touch. All consultations are confidential, and you will speak directly with an attorney about your situation.