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91_HB1111eng HB1111 Engrossed 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 HB1111 Engrossed -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.