Part of identity theft law unconstitutional

When was the last time you went on the Internet to look up a person’s address and phone number?

Or poked around to find out how much your neighbor paid in property taxes last year?

Under part of the state’s Identity Theft Law, you could be charged with a felony punishable by up to five years in prison.

An instance in which a person can be charged with identity theft is when a person “knowingly uses any personal identification information or personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the express permission of that person.”

That’s a pretty broad definition — and one the Illinois Supreme Court recently declared unconstitutional.

The entire matter started in January 2009 when a 34-year-old Aurora woman was picked up by Batavia police on an identity theft charge.

The woman’s attorney successfully argued to a Kane County judge the next month that one of the three sections under which she was accused of identity theft — the one stated above — was unconstitutional.

Part of the argument was that a person could be punished for innocent conduct and violate a person’s due process.

Prosecutors appealed directly to the state’s Supreme Court — which agreed that a section of the law is unconstitutional.

The court wrote that the section “lacks a culpable mental state, as it does not require a criminal purpose for a person to be convicted of a felony. Because the statute potentially punishes a significant amount of wholly innocent conduct not related to the statute’s purpose, we simply do not believe that this is a rational way of addressing the problem of Identity Theft.”

‘No refusal’ net is wide

In 2008, the Kane County state’s attorney’s office started holding “No Refusal” weekends, where authorities set up roadside checkpoints and prosecutors help obtain search warrants for drivers who refused breath tests.

If someone refuses, a warrant is issued. If the person still resists, they can be charged with felony obstruction of justice.

The first time this was done was in Geneva during Memorial Day weekend in 2008.

Last year, authorities did it on July 4 with officers from Carpentersville, East Dundee, Elgin, Geneva, Montgomery, Sugar Grove, South Elgin, state police and the sheriff’s department participating. A second event was held New Year’s Eve weekend and officers from Batavia, Elgin, Geneva, Montgomery, St. Charles and the sheriff’s department worked.

Just a few more reasons to get a cab or designated driver if you want to celebrate.

Ÿ hhitzeman@dailyherald.com