§ 70-97. Civil liability.

(a)

A person who commits the offense of retail theft as defined in 720 ILCS 5/16A-3(a), (b) or (c) shall be civilly liable to the merchant of the merchandise in an amount consisting of:

(1)

Actual damages equal to the full retail value of the merchandise; plus

(2)

An amount not less than $100.00 nor more than $1,000.00; plus

(3)

Attorney's fees and court costs.

(b)

If a minor commits the offense of retail theft, the parents or guardian of the minor shall be civilly liable as provided in this section; provided, however, that a guardian appointed pursuant to the Juvenile Court Act of 1987, 705 ILCS 405/1-1 et seq., shall not be liable under this section. Total recovery under this section shall not exceed the maximum recovery permitted under section 5 of the Parental Responsibility Law, approved October 6, 1969, as now or hereafter amended, 740 ILCS 115/5.

(c)

A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit under this section.

(d)

Judgments arising under this section may be assigned.

(Code 1996, § 132.21)

State law reference

Similar provisions, 720 ILCS 5/16A-7.