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Public Act 100-0166


 

Public Act 0166 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0166
 
HB3251 EnrolledLRB100 10504 RLC 20719 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 12-7.5 as follows:
 
    (720 ILCS 5/12-7.5)
    Sec. 12-7.5. Cyberstalking.
    (a) A person commits cyberstalking when he or she engages
in a course of conduct using electronic communication directed
at a specific person, and he or she knows or should know that
would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a third
    person; or
        (2) suffer other emotional distress.
    (a-3) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement, or
    restraint and the threat is directed towards that person or
    a family member of that person; or
        (2) places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint; or
        (3) at any time knowingly solicits the commission of an
    act by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (a-4) A person commits cyberstalking when he or she
knowingly, surreptitiously, and without lawful justification,
installs or otherwise places electronic monitoring software or
spyware on an electronic communication device as a means to
harass another person and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement, or
    restraint and the threat is directed towards that person or
    a family member of that person;
        (2) places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint; or
        (3) at any time knowingly solicits the commission of an
    act by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    For purposes of this Section, an installation or placement
is not surreptitious if:
        (1) with respect to electronic software, hardware, or
    computer applications, clear notice regarding the use of
    the specific type of tracking software or spyware is
    provided by the installer in advance to the owners and
    primary users of the electronic software, hardware, or
    computer application; or
        (2) written or electronic consent of all owners and
    primary users of the electronic software, hardware, or
    computer application on which the tracking software or
    spyware will be installed has been sought and obtained
    through a mechanism that does not seek to obtain any other
    approvals or acknowledgement from the owners and primary
    users.
    (a-5) A person commits cyberstalking when he or she,
knowingly and without lawful justification, creates and
maintains an Internet website or webpage which is accessible to
one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:
        (1) which communicates a threat of immediate or future
    bodily harm, sexual assault, confinement, or restraint,
    where the threat is directed towards that person or a
    family member of that person, or
        (2) which places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint, or
        (3) which knowingly solicits the commission of an act
    by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (b) Sentence. Cyberstalking is a Class 4 felony; a second
or subsequent conviction is a Class 3 felony.
    (c) For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts, including
    but not limited to acts in which a defendant directly,
    indirectly, or through third parties, by any action,
    method, device, or means follows, monitors, observes,
    surveils, threatens, or communicates to or about, a person,
    engages in other non-consensual contact, or interferes
    with or damages a person's property or pet. The
    incarceration in a penal institution of a person who
    commits the course of conduct is not a bar to prosecution
    under this Section.
        (2) "Electronic communication" means any transfer of
    signs, signals, writings, sounds, data, or intelligence of
    any nature transmitted in whole or in part by a wire,
    radio, electromagnetic, photoelectric, or photo-optical
    system. "Electronic communication" includes transmissions
    through an electronic device including, but not limited to,
    a telephone, cellular phone, computer, or pager, which
    communication includes, but is not limited to, e-mail,
    instant message, text message, or voice mail.
        (2.1) "Electronic communication device" means an
    electronic device, including, but not limited to, a
    wireless telephone, personal digital assistant, or a
    portable or mobile computer.
        (2.2) "Electronic monitoring software or spyware"
    means software or an application that surreptitiously
    tracks computer activity on a device and records and
    transmits the information to third parties with the intent
    to cause injury or harm. For the purposes of this paragraph
    (2.2), "intent to cause injury or harm" does not include
    activities carried out in furtherance of the prevention of
    fraud or crime or of protecting the security of networks,
    online services, applications, software, other computer
    programs, users, or electronic communication devices or
    similar devices.
        (3) "Emotional distress" means significant mental
    suffering, anxiety or alarm.
        (4) "Harass" means to engage in a knowing and willful
    course of conduct directed at a specific person that
    alarms, torments, or terrorizes that person.
        (5) "Non-consensual contact" means any contact with
    the victim that is initiated or continued without the
    victim's consent, including but not limited to being in the
    physical presence of the victim; appearing within the sight
    of the victim; approaching or confronting the victim in a
    public place or on private property; appearing at the
    workplace or residence of the victim; entering onto or
    remaining on property owned, leased, or occupied by the
    victim; or placing an object on, or delivering an object
    to, property owned, leased, or occupied by the victim.
        (6) "Reasonable person" means a person in the victim's
    circumstances, with the victim's knowledge of the
    defendant and the defendant's prior acts.
        (7) "Third party" means any person other than the
    person violating these provisions and the person or persons
    towards whom the violator's actions are directed.
    (d) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
    (e) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
    (f) It is not a violation of this Section to:
        (1) provide, protect, maintain, update, or upgrade
    networks, online services, applications, software, other
    computer programs, electronic communication devices, or
    similar devices under the terms of use applicable to those
    networks, services, applications, software, programs, or
    devices;
        (2) interfere with or prohibit terms or conditions in a
    contract or license related to networks, online services,
    applications, software, other computer programs,
    electronic communication devices, or similar devices; or
        (3) create any liability by reason of terms or
    conditions adopted, or technical measures implemented, to
    prevent the transmission of unsolicited electronic mail or
    communications.
(Source: P.A. 96-328, eff. 8-11-09; 96-686, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-303, eff.
8-11-11; 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)

Effective Date: 1/1/2018