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Full Text of HB4642  97th General Assembly

HB4642eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB4642 EngrossedLRB097 13960 RLC 58571 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 17-51 and 17-55 as follows:
 
6    (720 ILCS 5/17-51)  (was 720 ILCS 5/16D-3)
7    Sec. 17-51. Computer tampering.
8    (a) A person commits computer tampering when he or she
9knowingly and without the authorization of a computer's owner
10or in excess of the authority granted to him or her:
11        (1) Accesses or causes to be accessed a computer or any
12    part thereof, a computer network, or a program or data;
13        (2) Accesses or causes to be accessed a computer or any
14    part thereof, a computer network, or a program or data, and
15    obtains data or services;
16        (3) Accesses or causes to be accessed a computer or any
17    part thereof, a computer network, or a program or data, and
18    damages or destroys the computer or alters, deletes, or
19    removes a computer program or data;
20        (4) Inserts or attempts to insert a program into a
21    computer or computer program knowing or having reason to
22    know that such program contains information or commands
23    that will or may:

 

 

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1            (A) damage or destroy that computer, or any other
2        computer subsequently accessing or being accessed by
3        that computer;
4            (B) alter, delete, or remove a computer program or
5        data from that computer, or any other computer program
6        or data in a computer subsequently accessing or being
7        accessed by that computer; or
8            (C) cause loss to the users of that computer or the
9        users of a computer which accesses or which is accessed
10        by such program; or
11        (5) Falsifies or forges electronic mail transmission
12    information or other routing information in any manner in
13    connection with the transmission of unsolicited bulk
14    electronic mail through or into the computer network of an
15    electronic mail service provider or its subscribers.
16    (a-1) A person commits computer tampering when he or she
17knowingly and without the authorization of an account holder or
18in excess of the authority granted to him or to her:
19        (1) accesses or causes to be accessed by any means an
20    electronic mail (e-mail), instant messaging, or social
21    networking website account;
22        (2) accesses or causes to be accessed by any means an
23    electronic mail (e-mail), instant messaging, or social
24    networking website account, and views the content of an
25    electronic communication; or
26        (3) accesses or causes to be accessed by any means a

 

 

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1    computer or any part thereof, a computer network,
2    electronic mail (e-mail), instant messaging, or social
3    networking website account, and:
4            (A) deletes an electronic communication;
5            (B) transmits an electronic communication
6        purporting to be the account holder; or
7            (C) changes the password for the account;
8        (4) accesses or causes to be accessed by any means a
9    social networking website account, and:
10            (A) alters the privacy settings for the account
11        holder's account; or
12            (B) gives himself, herself, or another access to
13        view private content on the account holder's social
14        networking website account; or
15        (5) accesses or causes to be accessed by any means a
16    computer or any part thereof, a computer network,
17    electronic mail (e-mail) account, instant messaging
18    account, social networking website account and adds,
19    deletes, or alters content.
20    (a-5) Distributing software to falsify routing
21information. It is unlawful for any person knowingly to sell,
22give, or otherwise distribute or possess with the intent to
23sell, give, or distribute software which:
24        (1) is primarily designed or produced for the purpose
25    of facilitating or enabling the falsification of
26    electronic mail transmission information or other routing

 

 

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1    information;
2        (2) has only a limited commercially significant
3    purpose or use other than to facilitate or enable the
4    falsification of electronic mail transmission information
5    or other routing information; or
6        (3) is marketed by that person or another acting in
7    concert with that person with that person's knowledge for
8    use in facilitating or enabling the falsification of
9    electronic mail transmission information or other routing
10    information.
11    (a-10) For purposes of subsection (a), accessing a computer
12network is deemed to be with the authorization of a computer's
13owner if:
14        (1) the owner authorizes patrons, customers, or guests
15    to access the computer network and the person accessing the
16    computer network is an authorized patron, customer, or
17    guest and complies with all terms or conditions for use of
18    the computer network that are imposed by the owner; or
19        (2) the owner authorizes the public to access the
20    computer network and the person accessing the computer
21    network complies with all terms or conditions for use of
22    the computer network that are imposed by the owner.
23    (b) Sentence.
24        (1) A person who commits computer tampering as set
25    forth in subdivision (a)(1) or (a)(5) or subsection (a-5)
26    of this Section is guilty of a Class B misdemeanor.

 

 

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1        (2) A person who commits computer tampering as set
2    forth in subdivision (a)(2) of this Section is guilty of a
3    Class A misdemeanor and a Class 4 felony for the second or
4    subsequent offense.
5        (3) A person who commits computer tampering as set
6    forth in subdivision (a)(3) or (a)(4) of this Section is
7    guilty of a Class 4 felony and a Class 3 felony for the
8    second or subsequent offense.
9        (3.1) A person who commits computer tampering as set
10    forth in subdivision (a-1)(1) of this Section is guilty of
11    a Class B misdemeanor for which the court shall impose a
12    minimum fine of $500 or, if public or community service is
13    established in the county in which the offender was
14    convicted, 30 hours of public or community service.
15        (3.2) A person who commits computer tampering as set
16    forth in subdivision (a-1)(2) or (a-1)(4) of this Section
17    is guilty of a Class A misdemeanor for a first violation
18    for which the court shall impose a minimum fine of $1,000
19    or, if public or community service is established in the
20    county in which the offender was convicted, 80 hours of
21    public or community service and a Class 4 felony for a
22    second or subsequent violation.
23        (3.3) A person who commits computer tampering as set
24    forth in subdivision (a-1)(3) or (a-1)(5) of this Section
25    is guilty of a Class 4 felony.
26        (4) If an injury arises from the transmission of

 

 

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1    unsolicited bulk electronic mail, the injured person,
2    other than an electronic mail service provider, may also
3    recover attorney's fees and costs, and may elect, in lieu
4    of actual damages, to recover the lesser of $10 for each
5    unsolicited bulk electronic mail message transmitted in
6    violation of this Section, or $25,000 per day. The injured
7    person shall not have a cause of action against the
8    electronic mail service provider that merely transmits the
9    unsolicited bulk electronic mail over its computer
10    network.
11        (5) If an injury arises from the transmission of
12    unsolicited bulk electronic mail, an injured electronic
13    mail service provider may also recover attorney's fees and
14    costs, and may elect, in lieu of actual damages, to recover
15    the greater of $10 for each unsolicited electronic mail
16    advertisement transmitted in violation of this Section, or
17    $25,000 per day.
18        (6) The provisions of this Section shall not be
19    construed to limit any person's right to pursue any
20    additional civil remedy otherwise allowed by law.
21    (c) Whoever suffers loss by reason of a violation of
22subdivision (a)(4) of this Section may, in a civil action
23against the violator, obtain appropriate relief. In a civil
24action under this Section, the court may award to the
25prevailing party reasonable attorney's fees and other
26litigation expenses.

 

 

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1(Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10;
296-1551, eff. 7-1-11.)
 
3    (720 ILCS 5/17-55)
4    Sec. 17-55. Definitions. For the purposes of Sections 17-50
5through 17-53:
6    In addition to its meaning as defined in Section 15-1 of
7this Code, "property" means: (1) electronic impulses; (2)
8electronically produced data; (3) confidential, copyrighted,
9or proprietary information; (4) private identification codes
10or numbers which permit access to a computer by authorized
11computer users or generate billings to consumers for purchase
12of goods and services, including but not limited to credit card
13transactions and telecommunications services or permit
14electronic fund transfers; (5) software or programs in either
15machine or human readable form; or (6) any other tangible or
16intangible item relating to a computer or any part thereof.
17    "Access" means to use, instruct, communicate with, store
18data in, retrieve or intercept data from, or otherwise utilize
19any services of, a computer, a network, or data.
20    "Account holder" means the person or entity to whom or to
21which an electronic mail or instant message service account,
22social networking website profile, or other virtual identity is
23registered.
24    "Services" includes but is not limited to computer time,
25data manipulation, or storage functions.

 

 

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1    "Vital services or operations" means those services or
2operations required to provide, operate, maintain, and repair
3network cabling, transmission, distribution, or computer
4facilities necessary to ensure or protect the public health,
5safety, or welfare. Those services or operations include, but
6are not limited to, services provided by medical personnel or
7institutions, fire departments, emergency services agencies,
8national defense contractors, armed forces or militia
9personnel, private and public utility companies, or law
10enforcement agencies.
11(Source: P.A. 96-1551, eff. 7-1-11.)
 
12    Section 10. The Harassing and Obscene Communications Act is
13amended by changing Sections 1-2 and 2 as follows:
 
14    (720 ILCS 135/1-2)
15    Sec. 1-2. Harassment through electronic communications.
16    (a) Harassment through electronic communications is the
17use of electronic communication for any of the following
18purposes:
19        (1) Transmitting Making any comment, request,
20    suggestion or proposal which is obscene with an intent to
21    offend;
22        (2) Interrupting, with the intent to harass, the
23    telephone service or the electronic communication service
24    of any person;

 

 

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1        (3) Transmitting to any person, with the intent to
2    harass and regardless of whether the communication is read
3    in its entirety or at all, any file, document, or other
4    communication which prevents that person from using his or
5    her telephone service or electronic communications device;
6        (3.1) Transmitting an electronic communication or
7    knowingly inducing a person to transmit an electronic
8    communication for the purpose of harassing another person
9    who is under 13 years of age, regardless of whether the
10    person under 13 years of age consents to the harassment, if
11    the defendant is at least 16 years of age at the time of
12    the commission of the offense;
13        (4) Threatening injury to the person or to the property
14    of the person to whom an electronic communication is
15    directed or to any of his or her family or household
16    members; or
17        (4.1) Knowingly and by any means making repeated,
18    unwanted, and harassing communication to another person
19    within one week by transmitting any comment, request,
20    suggestion, or proposal which is obscene with an intent to
21    offend; or
22        (5) Knowingly permitting any electronic communications
23    device to be used for any of the purposes mentioned in this
24    subsection (a).
25    (b) As used in this Act:
26        (1) "Electronic communication" means any transfer of

 

 

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1    signs, signals, writings, images, sounds, data or
2    intelligence of any nature transmitted in whole or in part
3    by a wire, radio, electromagnetic, photoelectric or
4    photo-optical system. "Electronic communication" includes
5    transmissions through an electronic device including, but
6    not limited to, a telephone, cellular phone, computer, or
7    pager, which communication includes, but is not limited to,
8    e-mail, instant message, text message, or voice mail.
9        (2) "Family or household member" includes spouses,
10    former spouses, parents, children, stepchildren and other
11    persons related by blood or by present or prior marriage,
12    persons who share or formerly shared a common dwelling,
13    persons who have or allegedly share a blood relationship
14    through a child, persons who have or have had a dating or
15    engagement relationship, and persons with disabilities and
16    their personal assistants. For purposes of this Act,
17    neither a casual acquaintanceship nor ordinary
18    fraternization between 2 individuals in business or social
19    contexts shall be deemed to constitute a dating
20    relationship.
21    (c) Telecommunications carriers, commercial mobile service
22providers, and providers of information services, including,
23but not limited to, Internet service providers and hosting
24service providers, are not liable under this Section, except
25for willful and wanton misconduct, by virtue of the
26transmission, storage, or caching of electronic communications

 

 

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1or messages of others or by virtue of the provision of other
2related telecommunications, commercial mobile services, or
3information services used by others in violation of this
4Section.
5(Source: P.A. 96-328, eff. 8-11-09; 97-303, eff. 8-11-11.)
 
6    (720 ILCS 135/2)  (from Ch. 134, par. 16.5)
7    Sec. 2. Sentence.
8    (a) Except as provided in subsection (b), a person who
9violates any of the provisions of Section 1, 1-1, or 1-2, other
10than paragraph (4.1) of subsection (a) of Section 1-2, of this
11Act is guilty of a Class B misdemeanor. Except as provided in
12subsection (b), a violation of paragraph (4.1) of subsection
13(a) of Section 1-2 is a Class A misdemeanor. Except as provided
14in subsection (b), a second or subsequent violation of Section
151, 1-1, or 1-2 of this Act is a Class A misdemeanor, for which
16the court shall impose a minimum of 14 days in jail or, if
17public or community service is established in the county in
18which the offender was convicted, 240 hours of public or
19community service.
20    (b) In any of the following circumstances, a person who
21violates Section 1, 1-1, or 1-2 of this Act shall be guilty of
22a Class 4 felony:
23        (1) The person has 3 or more prior violations in the
24    last 10 years of harassment by telephone under Section 1-1
25    of this Act, harassment through electronic communications

 

 

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1    under Section 1-2 of this Act, or any similar offense of
2    any state;
3        (2) The person has previously violated the harassment
4    by telephone provisions of Section 1-1 of this Act or the
5    harassment through electronic communications provisions of
6    Section 1-2 of this Act or committed any similar offense in
7    any state with the same victim or a member of the victim's
8    family or household;
9        (3) At the time of the offense, the offender was under
10    conditions of bail, probation, mandatory supervised
11    release or was the subject of an order of protection, in
12    this or any other state, prohibiting contact with the
13    victim or any member of the victim's family or household;
14        (4) In the course of the offense, the offender
15    threatened to kill the victim or any member of the victim's
16    family or household;
17        (5) The person has been convicted in the last 10 years
18    of a forcible felony as defined in Section 2-8 of the
19    Criminal Code of 1961;
20        (6) The person violates paragraph (4.1) of Section 1-1
21    or paragraph (3.1) of subsection (a) of Section 1-2; or
22        (7) The person was at least 18 years of age at the time
23    of the commission of the offense and the victim was under
24    18 years of age at the time of the commission of the
25    offense.
26(Source: P.A. 95-984, eff. 6-1-09.)