People v. Bochenek

This case presents question as to whether special venue provision set forth in identity theft statute (720 ILCS 5/1-6(t)), which allows venue in county in which victim resides, is constitutional, where: (1) instant trial occurred in victim's county: and (2) defendant used victim's credit card in different county. While defendant argued that his conviction for identity theft must be reversed because trial occurred in county that was different from county in which offense occurred, Appellate Court, in affirming defendant's conviction, found that instant venue provision was constitutional, because offense of identify theft occurs both where physical acts giving rise to identity theft occur, as well as where intangible identification is located, i.e., in victim's residence.