State of Illinois
91st General Assembly
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Public Act 91-0228

HB1099 Enrolled                                LRB9101087RCks

    AN ACT to amend the  Criminal  Code  of  1961  by  adding
Section 17-23.

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

    Section 5.  The Criminal  Code  of  1961  is  amended  by
adding Section 17-23 as follows:

    (720 ILCS 5/17-23 new)
    Sec. 17-23.  Fraudulent schemes and artifices.
    (a)  Fraud by wire, radio, or television.
         (1)  A person commits wire fraud when he or she:
              (A)  devises  or  intends to devise a scheme or
         artifice to defraud or to obtain money  or  property
         by  means  of  false  pretenses, representations, or
         promises; and
              (B)  (i)  transmits or causes to be transmitted
              from within this State; or
                   (ii)  transmits   or    causes    to    be
              transmitted  so that it is received by a person
              within this State; or
                   (iii)  transmits   or   causes    to    be
              transmitted    so   that   it   is   reasonably
              foreseeable that  it  will  be  accessed  by  a
              person within this State:
    any writings, signals, pictures, sounds, or electronic or
    electric  impulses by means of wire, radio, or television
    communications for the purpose of executing the scheme or
    artifice.
         (2)  A  scheme  or   artifice   to   defraud   using
    electronic transmissions is deemed to occur in the county
    from which a transmission is sent, if the transmission is
    sent from within this State, the county in which a person
    within  this  State  receives  the  transmission, and the
    county in which a person who  is  within  this  State  is
    located when the person accesses a transmission.
         (3)  Wire fraud is a Class 3 felony.
    (b)  Mail fraud.
         (1) A person commits mail fraud when he or she:
              (A)  devises or intends to devise any scheme or
         artifice  to  defraud or to obtain money or property
         by  means  of   false   or   fraudulent   pretenses,
         representations or promises, or to sell, dispose of,
         loan,   exchange,   alter,  give  away,  distribute,
         supply, or furnish or procure for unlawful  use  any
         counterfeit  obligation, security, or other article,
         or anything represented to be or intimidated or held
         out to be such counterfeit or spurious article; and
              (B)  for the purpose of executing  such  scheme
         or  artifice  or  attempting so to do, places in any
         post office or authorized depository for mail matter
         within this State, any matter or thing  whatever  to
         be  delivered  by the Postal Service, or deposits or
         causes to be deposited in this State by mail  or  by
         private  or  commercial  carrier  according  to  the
         direction on the matter or thing, or at the place at
         which  it  is directed to be delivered by the person
         to whom it is addressed, any such matter or thing.
         (2)  A  scheme  or  artifice  to  defraud  using   a
    government  or  private carrier is deemed to occur in the
    county in which mail or other matter  is  deposited  with
    the  Postal  Service  or a private commercial carrier for
    delivery, if deposited  with  the  Postal  Service  or  a
    private  or  commercial carrier within this State and the
    county in which a person within this State  receives  the
    mail or other matter from the Postal Service or a private
    or commercial carrier.
         (3)  Mail fraud is a Class 3 felony.
    (c)  Financial institution fraud.
         (1)  A  person  is  guilty  of financial institution
    fraud who knowingly executes or  attempts  to  execute  a
    scheme or artifice:
              (i)  to defraud a financial institution; or
              (ii)  to  obtain  any  of  the  moneys,  funds,
         credits, assets, securities, or other property owned
         by,  or  under the custody or control of a financial
         institution, by means of pretenses, representations,
         or promises he or she knows to be false.
         (2)  Financial  institution  fraud  is  a  Class   3
    felony.
    (d)  The  period  of  limitations  for prosecution of any
offense defined in this Section begins at the time  when  the
last  act  in  furtherance  of  the  scheme  or  artifice  is
committed.
    (e)  In this Section:
         (1)  "Scheme  or  artifice  to  defraud"  includes a
    scheme or artifice to deprive another of  the  intangible
    right to honest services.
         (2)  "Financial   institution"   has   the   meaning
    ascribed  to  it  in  paragraph  (i) of subsection (A) of
    Section 17-1 of this Code.

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