Retail theft in Illinois is a Class A misdemeanor when the goods are worth $300 or less ($150 or less for motor fuel), punishable by less than a year in jail and a fine of up to $2,500. Above $300 it is a Class 3 felony with 2 to 5 years in prison, and a prior theft-type conviction can make even a small retail theft a felony.
This guide reflects the Illinois Compiled Statutes as of October 2026. Laws change, so check the current statute or ask an Illinois criminal defense attorney or public defender about your case.
What retail theft means in Illinois
Illinois's retail theft law, 720 ILCS 5/16-25, covers taking merchandise from a store with intent to keep it without paying the full retail price, along with other listed acts. It is separate from Illinois's general theft statute, 720 ILCS 5/16-1.
Is retail theft a felony in Illinois?
As of 2026, the grade depends on value and record:
- Class A misdemeanor: $300 or less ($150 or less for motor fuel). Less than 1 year in jail and a fine of up to $2,500 (730 ILCS 5/5-4.5-55).
- Class 4 felony: $300 or less, but with a prior conviction for theft, robbery, armed robbery, burglary or certain other listed offenses. 1 to 3 years in prison (5-4.5-45).
- Class 3 felony: more than $300 ($150 for motor fuel) in a single transaction, or in a continuing course of conduct at one or more stores over one year. 2 to 5 years in prison (5-4.5-40).
- Using an emergency exit: a Class 4 felony at $300 or less, and a Class 2 felony (3 to 7 years) above $300.
Felony fines can reach $25,000 (5-4.5-50). These are the most the law allows; the actual sentence depends on the facts, your record, and the court. Our guide to when shoplifting is a felony compares other states.
Store civil claims for retail theft
Separately from the criminal case, 720 ILCS 5/16-27 makes a person who commits retail theft civilly liable to the store for:
- Actual damages equal to the full retail value of the merchandise.
- An additional amount of at least $100 and no more than $1,000.
- Attorney's fees and court costs.
Parents can be liable for a minor under 19, and a store does not need a conviction to sue. Read our guide to shoplifting civil demand letters before paying or responding, and talk to an attorney.
First-offense options for retail theft
- Court supervision (730 ILCS 5/5-6-1): for misdemeanors, when the court finds the defendant and the public are best served without a criminal record. It is not available for retail theft if, in the last 5 years, the person was convicted of or given supervision for retail theft. Supervision lasts up to 2 years, and on success the court dismisses the charge. The record can be sealed or expunged 5 years after that dismissal.
- Offender Initiative Program (5-6-3.3): for a probationable felony theft or retail theft by someone with no prior felony, with the consent of the defendant and the State's Attorney. It runs at least 12 months, with conditions such as restitution, 30 hours of community service or a job, and educational courses. On completion the case is dismissed. It can be used once every 4 years.
- Second Chance Probation (5-6-3.4): for felony retail theft by someone with no prior felony, when both sides agree. The court sentences the person to probation of at least 24 months without entering a judgment, and dismisses the case on completion.
Courts and these programs may require a theft or shoplifting class as a condition. Your court order or program sets the class and the hours.
Taking a theft class online in Illinois
If you have been ordered to complete a theft, retail theft or shoplifting class, confirm before you enroll that a self-paced online class meets the requirement. Our Illinois theft class page lists the options, and our page on court ordered shoplifting classes online explains how the class works.