Illinois High Court Condemns ID Theft Statute

An Illinois identity-theft statute that outlaws using another’s personal identification information for the purpose of gaining access to any record of the actions or communications of that person, 720 Ill. Comp. Stat. 5/16G-15(a)(7), violates state and federal substantive due process guarantees by virtue of its failure to require a culpable mental state, the Illinois Supreme Court ruled March 24. (People v. Madrigal, Ill., 110194, 3/24/11)

Justice Robert R. Thomas, writing for a unanimous court, explained that the lack of a culpable mental state means that the statute could be used to impose felony punishment for a substantial ...