{"data":{"id":"us-il/720-ilcs-5-16-26","jurisdiction":"us-il","citation":"720 ILCS 5/16-26","heading":"Detention; affirmative defense.","body":"(a) Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain the person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:\n(1) To request identification;\n(2) To verify such identification;\n(3) To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;\n(4) To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;\n(5) In the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person.\nA merchant may make a detention as permitted in this Section off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.\nA merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this Section if the merchant detains a person because such person has in his or her possession either a theft detection shielding device or a theft detection device remover.\n(b) Affirmative defense. A detention as permitted in this Section does not constitute an arrest or an unlawful restraint, as defined in Section 10-3 of this Code, nor shall it render the merchant liable to the person so detained.\n(c) For the purposes of this Section, \"minor\" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.","path":["CHAPTER 720 CRIMINAL OFFENSES","Criminal Code of 2012."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=1876\u0026ChapterID=53\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:41Z","sha256":"f6413cce3d844271f900a31a458a0e7391f09038f12c212896ee1938654f3fbc","source_id":"us-il","stale":false,"prev":"us-il/720-ilcs-5-16-25.2","next":"us-il/720-ilcs-5-16-27"},"notice":"GroundRules: Original legal text. Not legal advice."}