People v. Fort

Illinois Appellate Court
Criminal Court
Identity Theft
Citation
Case Number: 
2019 IL App (1st) 170644
Decision Date: 
Friday, April 26, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Reversed and remanded.
Justice: 
HARRIS

Defendant was convicted, after bench trial, of Class 1 attempted identity theft, related to his attempt to use a social security number to lease a vehicle. Circumstantial evidence shows that Defendant may have, with knowledge, improperly used the CPN (credit profile number) in place of his social security number for credit purposes. The offense of identity theft does not punish a defendant's mere use of a number that he knows is not his own, but requires proof that defendant used the number, knowing it belonged to another person, and that knowledge is a required element of the offense. Remanded for sentencing hearing on forgery convictions, which court merged into the attempted identity theft conviction and thus court did not impose a sentence on those convictions. (CUNNINGHAM, concurring; CONNORS, concurring in part and dissenting in part.)