Legal Question in Criminal Law in Illinois

What is the definition of theft? i was terminated by my employer of 12 years because my employer felt that i had unauthorized possesion of a package. 2 months later the costumer filed charges agains't me. i made a delivery to a costumer on march either 17th or 18th. about 5 to 7 days later after the delivery was signed and excepted they called and said that they didn't recieve all of thier packages. i told my employer that as far as i know all packages were delivered and if they didn't recieve all of thier packages then it would have to be back in the station.


Asked on 7/06/10, 10:08 am

1 Answer from Attorneys

The following is from the Illinois Criminal Code. My question was how was the delivery made? By company van/truck? By your own vehicle? Was the "final package" ever located? Where? On company property? In a company van/truck? Do you have any records of its ever being in your care and custody? You should have had some paperwork showing how many packages there were to be delivered -- and if you were short one it may have been your responsibility to let your company know and report it. Once you figure out some of those questions (and there may be others that are relevant) then see if the facts fit any of the following "definitions" of theft. If you still think they don't, you should stick up for yourself because maybe the issue wasn't "theft" per se but being negligent about a package your company thought you had, or something else is going on, like they were trying to find a way to get rid of you for other reasons. If you had say 5 packages and have a receipt for 5 packages, then why is your employer sticking it to you? Is this the first time you were involved in a missing package allegation? What was delivered -- what was the relative value of each package and why were there multiple packages..... Good luck.

Sec. 16-1. Theft.

(a) A person commits theft when he knowingly:

(1) Obtains or exerts unauthorized control over

property of the owner; or

(2) Obtains by deception control over property of

the owner; or

(3) Obtains by threat control over property of the

owner; or

(4) Obtains control over stolen property knowing the

property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; or

(5) Obtains or exerts control over property in the

custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen, and

(A) Intends to deprive the owner permanently of

the use or benefit of the property; or

(B) Knowingly uses, conceals or abandons the

property in such manner as to deprive the owner permanently of such use or benefit; or

(C) Uses, conceals, or abandons the property

knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

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Answered on 7/07/10, 9:18 am


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