Retail Theft and Parental Responsibility, 720 ILCS 5/16a

[Tomil]

My question involves criminal law for the state of: Illinois. My daughter was charged under a local ordinance for retail theft, not charged as a state misdemeaner. She has recived a letter from the company demanding a payment for civil liabilities. Under ILCS 5/16a-7 it is permissable. My question is since she was only charged under a local ordinance is this request for payment still valid under the ILCS?

[viol8te]

As they paent you are civilly responsible for her transgression. It's a criminal statute that legally holds you responsible for her shoplifting rather than hold her criminally responsible. It is very valid.


(720 ILCS 5/16A‑7) (from Ch. 38, par. 16A‑7)
Sec. 16A‑7. Civil Liability.
(a) A person who commits the offense of retail theft as defined in Section 16A‑3 paragraphs (a), (b), (c), or (h) of this Code, 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 as defined herein; 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 said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or 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", approved October 6, 1969, as now or hereafter amended.
(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 hereunder.
(d) Judgments arising under this Section may be assigned.
(Source: P.A. 93‑329, eff. 7‑24‑03.)

[Tomil]

I appreciate the response. My daughter is 21. the question arises is a technicality over the charge being a local ordinance not a state charge.

[viol8te]

It's classified as a local ordinance. However, it's in the book of compiled statutes. The company has a legal right to demand recompense for her offense. The ordinance just stipulates that they chose to use that statute rather than a criminal code.

[Tomil]

Also to add. the local ordinance has its own set of punishments that are not the same as a state conviction or plea. IE. such as a state charge can carry up to 365 in county jail. a local ordinance charge for same crime has no jail time, its a fine only charge. so there is a difference. Im just wondering if the difference applies to the civil side as described in 16a-7.

[Security Consultant]

Also to add. the local ordinance has its own set of punishments that are not the same as a state conviction or plea. IE. such as a state charge can carry up to 365 in county jail. a local ordinance charge for same crime has no jail time, its a fine only charge. so there is a difference. Im just wondering if the difference applies to the civil side as described in 16a-7.

No it does not. The Civil statute is not affected because it was a local charge.