State of Illinois
91st General Assembly
Legislation

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91_HB2898

 
                                               LRB9108881RCks

 1        AN  ACT to amend the Harassing and Obscene Communications
 2    Act by changing Section 1-2.

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

 5        Section  5.  The Harassing and Obscene Communications Act
 6    is amended by changing Section 1-2 as follows:

 7        (720 ILCS 135/1-2)
 8        Sec. 1-2.  Harassment through electronic communications.
 9        (a)  Harassment through electronic communications is  the
10    use  of  electronic  communication  for  any of the following
11    purposes:
12             (1)  Making  any  comment,  request,  suggestion  or
13        proposal which is obscene  with an intent to offend;
14             (2)  Interrupting, with the intent  to  harass,  the
15        telephone service or the electronic communication service
16        of any person;
17             (3)  Transmitting  to any person, with the intent to
18        harass and regardless of  whether  the  communication  is
19        read  in  its  entirety or at all, any file, document, or
20        other communication which prevents that person from using
21        his or her telephone service or electronic communications
22        device;
23             (4)  Threatening injury to  the  person  or  to  the
24        property   of   the   person   to   whom   an  electronic
25        communication is directed or to any of his or her  family
26        or household members; or
27             (4.5)  Repeatedly     activating    an    electronic
28        communications device with the intent to harass a person;
29        or
30             (5)  Knowingly     permitting     any     electronic
31        communications device to be used for any of the  purposes
 
                            -2-                LRB9108881RCks
 1        mentioned in this subsection (a).
 2        (b)  As used in this Act:
 3             (1)  "Electronic  communication"  means any transfer
 4        of signs, signals,  writings,  images,  sounds,  data  or
 5        intelligence  of  any  nature  transmitted in whole or in
 6        part by a wire, radio, electromagnetic, photoelectric  or
 7        photo-optical system.
 8             (2)  "Family  or household member" includes spouses,
 9        former spouses, parents, children, stepchildren and other
10        persons related by blood or by present or prior marriage,
11        persons who share or formerly shared a  common  dwelling,
12        persons  who have or allegedly share a blood relationship
13        through a child, persons who have or have had a dating or
14        engagement relationship, and  persons  with  disabilities
15        and their personal assistants.  For purposes of this Act,
16        neither    a   casual   acquaintanceship   nor   ordinary
17        fraternization  between  2  individuals  in  business  or
18        social contexts shall be deemed to  constitute  a  dating
19        relationship.
20    (Source: P.A. 90-578, eff. 6-1-98.)

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