Can I Go to Jail for Failing to Return a Library Book?

 Posted on September 11, 2024 in Criminal Defense

Failing to return library books is a fairly common mistake. People sometimes misplace books they checked out, lose them on trips, or forget they borrowed library materials altogether. Overdue library books have even become the subject of jokes on sitcoms. One Seinfeld episode involves an investigator who launches a criminal probe into the disappearance of a past-due library book.

While it surely earned some laughs, failure to return library materials such as books or videos can be considered theft in Illinois. Since public libraries are taxpayer-funded, library items are considered property of the local government. This article will discuss when failure to return a library book becomes a criminal offense and its penalties. If you have been accused of theft or have questions about how your overdue library books may be viewed by the law, consult an Illinois criminal defense attorney.

When Does Failure to Return Library Books Become a Criminal Offense?

One of the main factors that makes failure to return a library book a crime is intent. Under Illinois law, a person has committed a criminal offense if he or she:

• Borrowed library materials worth $50 or more
• Intentionally and without good cause failed to return them
• Refused to return them after receiving a demand letter from the library

The operative phrase used by Illinois law is "knowingly and without good cause." Your child leaving the book at a friend’s house, in other words, does not constitute criminal activity. A prosecutor must be able to show that you knowingly and without good cause neglected to return it.

What Are the Penalties for Refusing to Return Library Materials?

Someone who satisfies the criteria above can be charged with a Class 4 felony. This carries a prison sentence of one to three years and/or a fine of up to $25,000. In some cases, a judge may order the defendant to return the materials or reimburse the library and perform community service.

Are Theft Charges for Overdue Library Books Common?

There are documented cases of cities bringing criminal theft charges against people who failed to return materials to libraries. These typically involve rare or high-value items. Libraries often try to work with patrons to repossess the missing object before pursuing criminal charges. This may include sending a demand letter by certified mail to the person’s home. If the item still is not returned and the library considers it valuable, charges may be brought.

Contact a Will County, IL Theft Defense Attorney

Library books may seem trivial, but they are considered local government property. Theft or perceived theft of any government property can be treated harshly in court. Make sure your rights are protected by contacting the Law Office of Patricia Magaña, LLC. We are highly experienced in criminal law and are ready to create a smart legal defense against any criminal charge. Schedule a free consultation with a DuPage County, IL theft defense lawyer by calling 630-448-2001 today. We speak English and Spanish.