State of Illinois
91st General Assembly
Legislation

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91_HB1111

 
                                               LRB9103656RCks

 1        AN  ACT  to  amend  the  Criminal  Code of 1961 by adding
 2    Section 16D-5.1.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section   5.   The  Criminal  Code  of 1961 is amended by
 6    adding Section 16D-5.1 as follows:

 7        (720 ILCS 5/16D-5.1 new)
 8        Sec. 16D-5.1.  Facilitating theft of on-line services.
 9        (a)  A person commits the offense of  facilitating  theft
10    of on-line services who knowingly:
11             (1)  Makes,  obtains,  possesses, or uses a computer
12        or other electronic device, or computer software with the
13        capability  to   gain   access   to   a   commercial   or
14        non-commercial  on-line  service  not  authorized  by the
15        on-line  service  provider   intended   to   gather   and
16        disseminate information by electronic means, and uses the
17        electronic  machinery  or computer software in his or her
18        possession or use to gain access to  an  on-line  service
19        not authorized by the on-line service provider; or
20             (2)  Sells,   distributes,   gives,   or   otherwise
21        transfers  to another, or offers, promotes, or advertises
22        a computer or electronic device or computer software with
23        the  capability  to  gain  access  to  a  commercial   or
24        non-commercial  on-line  service  not  authorized  by the
25        on-line  service  provider   intended   to   gather   and
26        disseminate   information   by  electronic  means,  under
27        circumstances evidencing an intent to use or employ these
28        items, or to allow them to be used or employed,  for  the
29        purpose   of   gaining   access   to   a   commercial  or
30        non-commercial on-line  service  not  authorized  by  the
31        on-line   service   provider   intended   to  gather  and
 
                            -2-                LRB9103656RCks
 1        disseminate information by electronic means.
 2        (b)  Sentence.  Facilitating theft of on-line services is
 3    a Class A misdemeanor when the  aggregate  value  of  service
 4    obtained  is  less  than  $300  and a Class 4 felony when the
 5    aggregate value of service obtained is $300 or more.   For  a
 6    second  or  subsequent offense, or if the person convicted of
 7    the offense has been  previously  convicted  of  any  similar
 8    crime  in  this  or  any other state or federal jurisdiction,
 9    facilitating theft of on-line services is a Class 2 felony.

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