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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 17-2 as follows:



6 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)



7 Sec. 17-2. False personation; solicitation.
8 (a) False personation; solicitation.
9  (1) A person commits a false personation when he or she 
10 knowingly and falsely represents
himself or herself to be a 
11 member or representative of any
veterans' or public safety 
12 personnel organization
or a representative of
any 
13 charitable organization, or when he or she knowingly 
14 exhibits or uses in any manner
any decal, badge or insignia 
15 of any
charitable, public safety personnel, or veterans' 
16 organization
when not authorized to
do so by the

17 charitable, public safety personnel, or veterans' 
18 organization.
"Public safety personnel organization" has 
19 the meaning ascribed to that term
in Section 1 of the 
20 Solicitation for Charity Act.

21  (2) A person commits a false personation when he or she 
22 knowingly and falsely
represents himself or herself to be a 
23 veteran in seeking employment or
public office.
In this 
 
 
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1 paragraph, "veteran" means a person who has served in the

2 Armed Services or Reserve
Forces of the United States.

3  (2.5) A person commits a false personation when he or 
4 she knowingly and falsely represents himself or herself to 
5 be:
6   (A) another actual person and does an act in such 
7 assumed character with intent to intimidate, threaten, 
8 injure, defraud, or to obtain a benefit from another; 
9 or
10   (B) a representative of an actual person or 
11 organization and does an act in such false capacity 
12 with intent to obtain a benefit or to injure or defraud 
13 another.
14  (3) No person shall knowingly use the words "Police", 
15 "Police
Department", "Patrolman", "Sergeant", 
16 "Lieutenant",
"Peace Officer", "Sheriff's Police", 
17 "Sheriff", "Officer", "Law Enforcement", "Trooper", 
18 "Deputy", "Deputy Sheriff", "State Police",
or
any other 
19 words to the same effect (i) in the title
of any 
20 organization, magazine, or other publication without the 
21 express
approval of the named public safety personnel 
22 organization's governing board or (ii) in combination with 
23 the name of any state, state agency, public university, or 
24 unit of local government without the express written 
25 authorization of that state, state agency, public 
26 university, or unit of local government.

 
 
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1  (4) No person may knowingly claim or represent that he 
2 or she is acting on behalf
of
any public safety personnel 
3 organization when soliciting financial contributions or 
4 selling or
delivering or offering
to sell or deliver any 
5 merchandise, goods, services, memberships, or

6 advertisements unless the
chief of the police department, 
7 fire department, and the
corporate or municipal authority 
8 thereof,
or the sheriff has first
entered into a written

9 agreement with the person or with an organization with 
10 which the person is
affiliated and the
agreement permits 
11 the activity and specifies and states clearly and fully the 
12 purpose for which the proceeds of the solicitation, 
13 contribution, or sale will be used.

14  (5) No person, when soliciting financial contributions 
15 or selling or
delivering or offering
to sell or deliver any 
16 merchandise, goods, services, memberships, or

17 advertisements may claim
or represent that he or she is 
18 representing or acting on behalf of any
nongovernmental

19 organization by any name which includes "officer", "peace 
20 officer", "police",
"law
enforcement", "trooper", 
21 "sheriff", "deputy", "deputy sheriff", "State police",
or 
22 any other word
or words which would reasonably be 
23 understood to imply that the organization is
composed of

24 law enforcement personnel unless:
25   (A) the person is actually representing or acting

26 on behalf of the
nongovernmental organization;
 
 
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1   (B) the nongovernmental organization is
controlled 
2 by and
governed by a membership of and represents a 
3 group or association of active
duty peace officers,

4 retired peace officers, or injured peace officers; and
5   (C) before commencing the
solicitation or the
sale 
6 or the offers to sell any merchandise, goods, services, 
7 memberships, or
advertisements, a
written contract 
8 between the soliciting or selling person and the

9 nongovernmental
organization, which specifies and 
10 states clearly and fully the purposes for which the 
11 proceeds of the solicitation, contribution, or sale 
12 will be used, has been entered into.

13  (6) No person, when soliciting financial contributions 
14 or selling or
delivering or
offering to sell or deliver any 
15 merchandise, goods, services, memberships, or

16 advertisements,
may knowingly claim or represent that he or 
17 she is representing or acting on behalf of
any 
18 nongovernmental
organization by any name which includes 
19 the term "fireman", "fire fighter",
"paramedic", or any

20 other word or words which would reasonably be understood to 
21 imply that the
organization is
composed of fire fighter or 
22 paramedic personnel unless:
23   (A) the person is actually
representing or
acting 
24 on behalf of the nongovernmental organization;
25   (B) the nongovernmental
organization is
controlled 
26 by and governed by a membership of and represents a 
 
 
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1 group or
association of active
duty, retired, or 
2 injured fire fighters (for the purposes of this 
3 Section,
"fire fighter" has the
meaning ascribed to 
4 that term in Section 2 of the Illinois Fire Protection

5 Training Act)
or active duty, retired, or injured 
6 emergency medical technicians - ambulance,
emergency

7 medical technicians - intermediate, emergency medical 
8 technicians - paramedic,
ambulance
drivers, or other 
9 medical assistance or first aid personnel; and
10   (C) before
commencing the solicitation
or the sale 
11 or delivery or the offers to sell or deliver any 
12 merchandise,
goods, services,
memberships, or 
13 advertisements, the soliciting or selling person and 
14 the nongovernmental organization have entered into a 
15 written contract that specifies and states clearly and 
16 fully the purposes for which the proceeds of the 
17 solicitation, contribution, or sale will be used.

18  (7) No person may knowingly claim or represent that he 
19 or she is an airman, airline employee, airport employee, or 
20 contractor at an airport in order to obtain the uniform, 
21 identification card, license, or other identification 
22 paraphernalia of an airman, airline employee, airport 
23 employee, or contractor at an airport.

24  (8) No person, firm,
copartnership, or corporation 
25 (except corporations organized and doing business
under 
26 the Pawners Societies Act)
shall knowingly use a name that 
 
 
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1 contains in it the words
"Pawners' Society". 
2 (b) False personation; public officials and employees. A 
3person commits a false personation if he or she knowingly and 
4falsely represents himself or herself to be any of the 
5following:
6  (1) An attorney authorized to practice law for purposes 
7 of compensation or consideration. This paragraph (b)(1) 
8 does not apply to a person who unintentionally fails to pay 
9 attorney registration fees established by Supreme Court 
10 Rule.
11  (2) A public officer or a public employee or an 
12 official or employee of the federal government.
13  (2.3) A public officer, a public employee, or an 
14 official or employee of the federal government, and the 
15 false representation is made in furtherance of the 
16 commission of felony.
17  (2.7) A public officer or a public employee, and the 
18 false representation is for the purpose of effectuating 
19 identity theft as defined in Section 16-30 of this Code. 
20  (3) A peace officer.
21  (4) A peace officer while carrying a deadly weapon.
22  (5) A peace officer in attempting or committing a 
23 felony.
24  (6) A peace officer in attempting or committing a 
25 forcible felony.
26  (7) The parent, legal guardian, or other relation of a 
 
 
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1 minor child to any public official, public employee, or 
2 elementary or secondary school employee or administrator.
3  (7.5) The legal guardian, including any representative 
4 of a State or public guardian, of a disabled person 
5 appointed under Article XIa of the Probate Act of 1975. 
6  (8) A fire fighter.
7  (9) A fire fighter while carrying a deadly weapon.
8  (10) A fire fighter in attempting or committing a 
9 felony.
10  (11) An emergency management worker of any 
11 jurisdiction in this State.
12  (12) An emergency management worker of any 
13 jurisdiction in this State in attempting or committing a 
14 felony.
For the purposes of this subsection (b), "emergency 
15 management worker" has the meaning provided under Section 
16 2-6.6 of this Code.
17 (b-5) The trier of fact may infer that a person falsely 
18represents himself or herself to be a public officer or a 
19public employee or an official or employee of the federal 
20government if the person:
21  (1) wears or displays without authority any uniform, 
22 badge, insignia, or facsimile thereof by which a public 
23 officer or public employee or official or employee of the 
24 federal government is lawfully distinguished; or
25  (2) falsely expresses by word or action that he or she 
26 is a public officer or public employee or official or 
 
 
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1 employee of the federal government and is acting with 
2 approval or authority of a public agency or department.
3 (c) Fraudulent advertisement of a corporate name.
4  (1) A company, association, or individual commits 
5 fraudulent advertisement of a corporate name if he, she, or 
6 it, not being incorporated, puts forth a sign or 
7 advertisement and assumes, for the purpose of soliciting 
8 business, a corporate name.
9  (2) Nothing contained in this subsection (c) prohibits 
10 a corporation, company, association, or person from using a 
11 divisional designation or trade name in conjunction with 
12 its corporate name or assumed name under Section 4.05 of 
13 the Business Corporation Act of 1983 or, if it is a member 
14 of a partnership or joint venture, from doing partnership 
15 or joint venture business under the partnership or joint 
16 venture name. The name under which the joint venture or 
17 partnership does business may differ from the names of the 
18 members. Business may not be conducted or transacted under 
19 that joint venture or partnership name, however, unless all 
20 provisions of the Assumed Business Name Act have been 
21 complied with. Nothing in this subsection (c) permits a 
22 foreign corporation to do business in this State without 
23 complying with all Illinois laws regulating the doing of 
24 business by foreign corporations. No foreign corporation 
25 may conduct or transact business in this State as a member 
26 of a partnership or joint venture that violates any 
 
 
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1 Illinois law regulating or pertaining to the doing of 
2 business by foreign corporations in Illinois.
3  (3) The provisions of this subsection (c) do not apply 
4 to limited partnerships formed under the Revised Uniform 
5 Limited Partnership Act or under the Uniform Limited 
6 Partnership Act (2001).
7 (d) False law enforcement badges.
8  (1) A person commits false law enforcement badges if he 
9 or she knowingly produces, sells, or distributes a law 
10 enforcement badge without the express written consent of 
11 the law enforcement agency represented on the badge or, in 
12 case of a reorganized or defunct law enforcement agency, 
13 its successor law enforcement agency.
14  (2) It is a defense to false law enforcement badges 
15 that the law enforcement badge is used or is intended to be 
16 used exclusively: (i) as a memento or in a collection or 
17 exhibit; (ii) for decorative purposes; or (iii) for a 
18 dramatic presentation, such as a theatrical, film, or 
19 television production.
20 (e) False medals.
21  (1) A person commits a false personation if he or she 
22 knowingly and falsely represents himself or herself to be a 
23 recipient of, or wears on his or her person, any of the 
24 following medals if that medal was not awarded to that 
25 person by the United States Government, irrespective of 
26 branch of service: The Congressional Medal of Honor, The 
 
 
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1 Distinguished Service Cross, The Navy Cross, The Air Force 
2 Cross, The Silver Star, The Bronze Star, or the Purple 
3 Heart.
4  (2) It is a defense to a prosecution under paragraph 
5 (e)(1) that the medal is used, or is intended to be used, 
6 exclusively:
7   (A) for a dramatic presentation, such as a 
8 theatrical, film, or television production, or a 
9 historical re-enactment; or
10   (B) for a costume worn, or intended to be worn, by 
11 a person under 18 years of age.
12 (f) Sentence.
13  (1) A violation of paragraph (a)(8) is a petty offense 
14 subject to a fine of not less than $5 nor more than $100, 
15 and the person, firm, copartnership, or corporation 
16 commits an additional petty offense for each day he, she, 
17 or it continues to commit the violation. A violation of 
18 paragraph (c)(1) is a petty offense, and the company, 
19 association, or person commits an additional petty offense 
20 for each day he, she, or it continues to commit the 
21 violation. A violation of subsection (e) is a petty offense 
22 for which the offender shall be fined at least $100 and not 
23 more than $200.
24  (2) A violation of paragraph (a)(1), or (a)(3), or 
25 (b)(7.5) is a Class C misdemeanor.
26  (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), 
 
 
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1 (b)(2), or (b)(7) or subsection (d) is a Class A 
2 misdemeanor. A second or subsequent violation of 
3 subsection (d) is a Class 3 felony.
4  (4) A violation of paragraph (a)(4), (a)(5), (a)(6), 
5 (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a 
6 Class 4 felony.
7  (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) 
8 is a Class 3 felony.
9  (6) A violation of paragraph (b)(5) or (b)(10) is a 
10 Class 2 felony.
11  (7) A violation of paragraph (b)(6) is a Class 1 
12 felony. 

13 (g) A violation of subsection (a)(1) through (a)(7) or 
14subsection (e) of this Section may be accomplished in person or 
15by any means of communication, including but not limited to the 
16use of an Internet website or any form of electronic 
17communication.
18(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; 
1997-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change 
20to Sec. 32-5 from 97-219; 97-1109, eff. 1-1-13.)