You can still be charged with theft in Illinois, even if you intended to return the property. Illinois law generally requires only that you knowingly obtained or exerted unauthorized control over someone else’s property. It doesn’t necessarily require a permanent intent to keep it forever.
If you’re facing a theft charge in 2026 and intended to return the property, our Chicago criminal defense lawyer can help you understand how this factor might affect your case. Attorney Luisi is in Chicago criminal courts daily and brings over 25 years of experience to these cases.
What Does Illinois Law Actually Require for a Theft Charge?
Under 720 ILCS 5/16-1, you can commit theft if you knowingly obtain or exert unauthorized control over another person’s property. For this type of theft, the statute does not require the state to prove that you intended to keep the property forever. This means that simply planning to return an item does not automatically prevent a theft charge.