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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/17-47

    (720 ILCS 5/17-47)
    Sec. 17-47. Failure to furnish items of value. A person who is authorized by an issuer to furnish money, goods, property, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty of a Class A misdemeanor if the difference between the value of all money, goods, property, services and anything else of value actually furnished and the value represented to the issuer to have been furnished does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if such difference exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-48

    (720 ILCS 5/17-48)
    Sec. 17-48. Repeat offenses. Any person convicted of a second or subsequent offense under this Subdivision 25 is guilty of a Class 3 felony.
    For purposes of this Section, an offense is considered a second or subsequent offense if, prior to his or her conviction of the offense, the offender has at any time been convicted under this Subdivision 25, or under any prior Act, or under any law of the United States or of any state relating to credit card or debit card offenses.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-49

    (720 ILCS 5/17-49)
    Sec. 17-49. Severability. If any provision of this Subdivision 25 or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Subdivision 25 which can be given effect without the invalid provision or application, and to this end the provisions of this Subdivision 25 are declared to be severable.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-49.5

    (720 ILCS 5/17-49.5)
    Sec. 17-49.5. Telephone Charge Fraud Act unaffected. Nothing contained in this Subdivision 25 shall be construed to repeal, amend, or otherwise affect the Telephone Charge Fraud Act.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 30

 
    (720 ILCS 5/Art. 17, Subdiv. 30 heading)
SUBDIVISION 30. COMPUTER FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-50

    (720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
    Sec. 17-50. Computer fraud.
    (a) A person commits computer fraud when he or she knowingly:
        (1) Accesses or causes to be accessed a computer or
    
any part thereof, or a program or data, with the intent of devising or executing any scheme or artifice to defraud, or as part of a deception;
        (2) Obtains use of, damages, or destroys a computer
    
or any part thereof, or alters, deletes, or removes any program or data contained therein, in connection with any scheme or artifice to defraud, or as part of a deception; or
        (3) Accesses or causes to be accessed a computer or
    
any part thereof, or a program or data, and obtains money or control over any such money, property, or services of another in connection with any scheme or artifice to defraud, or as part of a deception.
    (b) Sentence.
        (1) A violation of subdivision (a)(1) of this Section
    
is a Class 4 felony.
        (2) A violation of subdivision (a)(2) of this Section
    
is a Class 3 felony.
        (3) A violation of subdivision (a)(3) of this Section:
            (i) is a Class 4 felony if the value of the
        
money, property, or services is $1,000 or less; or
            (ii) is a Class 3 felony if the value of the
        
money, property, or services is more than $1,000 but less than $50,000; or
            (iii) is a Class 2 felony if the value of the
        
money, property, or services is $50,000 or more.
    (c) Forfeiture of property. Any person who commits computer fraud as set forth in subsection (a) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-51

    (720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
    Sec. 17-51. Computer tampering.
    (a) A person commits computer tampering when he or she knowingly and without the authorization of a computer's owner or in excess of the authority granted to him or her:
        (1) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data;
        (2) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data, and obtains data or services;
        (3) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data, and damages or destroys the computer or alters, deletes, or removes a computer program or data;
        (4) Inserts or attempts to insert a program into a
    
computer or computer program knowing or having reason to know that such program contains information or commands that will or may:
            (A) damage or destroy that computer, or any other
        
computer subsequently accessing or being accessed by that computer;
            (B) alter, delete, or remove a computer program
        
or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer; or
            (C) cause loss to the users of that computer or
        
the users of a computer which accesses or which is accessed by such program; or
        (5) Falsifies or forges electronic mail transmission
    
information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
    (a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software which:
        (1) is primarily designed or produced for the purpose
    
of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
        (2) has only a limited commercially significant
    
purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
        (3) is marketed by that person or another acting in
    
concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
    (a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a computer's owner if:
        (1) the owner authorizes patrons, customers, or
    
guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner;
        (2) the owner authorizes the public to access the
    
computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner; or
        (3) the person accesses the computer network in
    
compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
    (b) Sentence.
        (1) A person who commits computer tampering as set
    
forth in subdivision (a)(1) or (a)(5) or subsection (a-5) of this Section is guilty of a Class B misdemeanor.
        (2) A person who commits computer tampering as set
    
forth in subdivision (a)(2) of this Section is guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.
        (3) A person who commits computer tampering as set
    
forth in subdivision (a)(3) or (a)(4) of this Section is guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.
        (4) If an injury arises from the transmission of
    
unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
        (5) If an injury arises from the transmission of
    
unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.
        (6) The provisions of this Section shall not be
    
construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
    (c) Whoever suffers loss by reason of a violation of subdivision (a)(4) of this Section may, in a civil action against the violator, obtain appropriate relief. In a civil action under this Section, the court may award to the prevailing party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)