102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5789

 

Introduced 11/16/2022, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-2  from Ch. 38, par. 17-2
720 ILCS 5/26.5-3

    Amends the Criminal Code of 2012. Provides that a person also commits false personation when he or she knowingly and falsely represents himself or herself to be another actual person and does an act in such assumed character with intent to injure the reputation of (rather than injure) or to fraudulently represent himself or herself to the online contacts of another. Provides that a person also commits harassment through electronic communications when he or she uses electronic communication for: (1) making any comment, request, suggestion, or proposal with an intent to harass, annoy, alarm, abuse, torment, or embarrass any individual; or (2) creating a fictitious online persona or account without permission of another using another person's picture, name, or likeness with the intent to commit a fraud, emotional distress, injure the reputation of, or make contact with other personal online contacts of the non-consenting person.


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A BILL FOR

 

HB5789LRB102 28240 RJT 40110 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 17-2 and 26.5-3 as follows:
 
6    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
7    Sec. 17-2. False personation; solicitation.
8    (a) False personation; solicitation.
9        (1) A person commits a false personation when he or
10    she knowingly and falsely represents himself or herself to
11    be a member or representative of any veterans' or public
12    safety personnel organization or a representative of any
13    charitable organization, or when he or she knowingly
14    exhibits or uses in any manner any decal, badge or
15    insignia of any charitable, public safety personnel, or
16    veterans' organization when not authorized to do so by the
17    charitable, public safety personnel, or veterans'
18    organization. "Public safety personnel organization" has
19    the meaning ascribed to that term in Section 1 of the
20    Solicitation for Charity Act.
21        (2) A person commits a false personation when he or
22    she knowingly and falsely represents himself or herself to
23    be a veteran in seeking employment or public office. In

 

 

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1    this paragraph, "veteran" means a person who has served in
2    the Armed Services or Reserve Forces of the United States.
3        (2.1) A person commits a false personation when he or
4    she knowingly and falsely represents himself or herself to
5    be:
6            (A) an active-duty member of the Armed Services or
7        Reserve Forces of the United States or the National
8        Guard or a veteran of the Armed Services or Reserve
9        Forces of the United States or the National Guard; and
10            (B) obtains money, property, or another tangible
11        benefit through that false representation.
12        In this paragraph, "member of the Armed Services or
13    Reserve Forces of the United States" means a member of the
14    United States Navy, Army, Air Force, Marine Corps, or
15    Coast Guard; and "veteran" means a person who has served
16    in the Armed Services or Reserve Forces of the United
17    States or the National Guard.
18        (2.5) A person commits a false personation when he or
19    she knowingly and falsely represents himself or herself to
20    be:
21            (A) another actual person and does an act in such
22        assumed character with intent to intimidate, threaten,
23        injure the reputation of, defraud, fraudulently
24        represent himself or herself to the online contacts of
25        another, or to obtain a benefit from another; or
26            (B) a representative of an actual person or

 

 

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1        organization and does an act in such false capacity
2        with intent to obtain a benefit or to injure or defraud
3        another.
4        (3) No person shall knowingly use the words "Police",
5    "Police Department", "Patrolman", "Sergeant",
6    "Lieutenant", "Peace Officer", "Sheriff's Police",
7    "Sheriff", "Officer", "Law Enforcement", "Trooper",
8    "Deputy", "Deputy Sheriff", "State Police", or any other
9    words to the same effect (i) in the title of any
10    organization, magazine, or other publication without the
11    express approval of the named public safety personnel
12    organization's governing board or (ii) in combination with
13    the name of any state, state agency, public university, or
14    unit of local government without the express written
15    authorization of that state, state agency, public
16    university, or unit of local government.
17        (4) No person may knowingly claim or represent that he
18    or she is acting on behalf of any public safety personnel
19    organization when soliciting financial contributions or
20    selling or delivering or offering to sell or deliver any
21    merchandise, goods, services, memberships, or
22    advertisements unless the chief of the police department,
23    fire department, and the corporate or municipal authority
24    thereof, or the sheriff has first entered into a written
25    agreement with the person or with an organization with
26    which the person is affiliated and the agreement permits

 

 

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1    the activity and specifies and states clearly and fully
2    the purpose for which the proceeds of the solicitation,
3    contribution, or sale will be used.
4        (5) No person, when soliciting financial contributions
5    or selling or delivering or offering to sell or deliver
6    any merchandise, goods, services, memberships, or
7    advertisements may claim or represent that he or she is
8    representing or acting on behalf of any nongovernmental
9    organization by any name which includes "officer", "peace
10    officer", "police", "law enforcement", "trooper",
11    "sheriff", "deputy", "deputy sheriff", "State police", or
12    any other word or words which would reasonably be
13    understood to imply that the organization is composed of
14    law enforcement personnel unless:
15            (A) the person is actually representing or acting
16        on behalf of the nongovernmental organization;
17            (B) the nongovernmental organization is controlled
18        by and governed by a membership of and represents a
19        group or association of active duty peace officers,
20        retired peace officers, or injured peace officers; and
21            (C) before commencing the solicitation or the sale
22        or the offers to sell any merchandise, goods,
23        services, memberships, or advertisements, a written
24        contract between the soliciting or selling person and
25        the nongovernmental organization, which specifies and
26        states clearly and fully the purposes for which the

 

 

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1        proceeds of the solicitation, contribution, or sale
2        will be used, has been entered into.
3        (6) No person, when soliciting financial contributions
4    or selling or delivering or offering to sell or deliver
5    any merchandise, goods, services, memberships, or
6    advertisements, may knowingly claim or represent that he
7    or she is representing or acting on behalf of any
8    nongovernmental organization by any name which includes
9    the term "fireman", "fire fighter", "paramedic", or any
10    other word or words which would reasonably be understood
11    to imply that the organization is composed of fire fighter
12    or paramedic personnel unless:
13            (A) the person is actually representing or acting
14        on behalf of the nongovernmental organization;
15            (B) the nongovernmental organization is controlled
16        by and governed by a membership of and represents a
17        group or association of active duty, retired, or
18        injured fire fighters (for the purposes of this
19        Section, "fire fighter" has the meaning ascribed to
20        that term in Section 2 of the Illinois Fire Protection
21        Training Act) or active duty, retired, or injured
22        emergency medical technicians - ambulance, emergency
23        medical technicians - intermediate, emergency medical
24        technicians - paramedic, ambulance drivers, or other
25        medical assistance or first aid personnel; and
26            (C) before commencing the solicitation or the sale

 

 

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1        or delivery or the offers to sell or deliver any
2        merchandise, goods, services, memberships, or
3        advertisements, the soliciting or selling person and
4        the nongovernmental organization have entered into a
5        written contract that specifies and states clearly and
6        fully the purposes for which the proceeds of the
7        solicitation, contribution, or sale will be used.
8        (7) No person may knowingly claim or represent that he
9    or she is an airman, airline employee, airport employee,
10    or contractor at an airport in order to obtain the
11    uniform, identification card, license, or other
12    identification paraphernalia of an airman, airline
13    employee, airport employee, or contractor at an airport.
14        (8) No person, firm, copartnership, or corporation
15    (except corporations organized and doing business under
16    the Pawners Societies Act) shall knowingly use a name that
17    contains in it the words "Pawners' Society".
18    (b) False personation; public officials and employees. A
19person commits a false personation if he or she knowingly and
20falsely represents himself or herself to be any of the
21following:
22        (1) An attorney authorized to practice law for
23    purposes of compensation or consideration. This paragraph
24    (b)(1) does not apply to a person who unintentionally
25    fails to pay attorney registration fees established by
26    Supreme Court Rule.

 

 

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1        (2) A public officer or a public employee or an
2    official or employee of the federal government.
3        (2.3) A public officer, a public employee, or an
4    official or employee of the federal government, and the
5    false representation is made in furtherance of the
6    commission of felony.
7        (2.7) A public officer or a public employee, and the
8    false representation is for the purpose of effectuating
9    identity theft as defined in Section 16-30 of this Code.
10        (3) A peace officer.
11        (4) A peace officer while carrying a deadly weapon.
12        (5) A peace officer in attempting or committing a
13    felony.
14        (6) A peace officer in attempting or committing a
15    forcible felony.
16        (7) The parent, legal guardian, or other relation of a
17    minor child to any public official, public employee, or
18    elementary or secondary school employee or administrator.
19        (7.5) The legal guardian, including any representative
20    of a State or public guardian, of a person with a
21    disability appointed under Article XIa of the Probate Act
22    of 1975.
23        (8) A fire fighter.
24        (9) A fire fighter while carrying a deadly weapon.
25        (10) A fire fighter in attempting or committing a
26    felony.

 

 

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1        (11) An emergency management worker of any
2    jurisdiction in this State.
3        (12) An emergency management worker of any
4    jurisdiction in this State in attempting or committing a
5    felony. For the purposes of this subsection (b),
6    "emergency management worker" has the meaning provided
7    under Section 2-6.6 of this Code.
8    (b-5) The trier of fact may infer that a person falsely
9represents himself or herself to be a public officer or a
10public employee or an official or employee of the federal
11government if the person:
12        (1) wears or displays without authority any uniform,
13    badge, insignia, or facsimile thereof by which a public
14    officer or public employee or official or employee of the
15    federal government is lawfully distinguished; or
16        (2) falsely expresses by word or action that he or she
17    is a public officer or public employee or official or
18    employee of the federal government and is acting with
19    approval or authority of a public agency or department.
20    (c) Fraudulent advertisement of a corporate name.
21        (1) A company, association, or individual commits
22    fraudulent advertisement of a corporate name if he, she,
23    or it, not being incorporated, puts forth a sign or
24    advertisement and assumes, for the purpose of soliciting
25    business, a corporate name.
26        (2) Nothing contained in this subsection (c) prohibits

 

 

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1    a corporation, company, association, or person from using
2    a divisional designation or trade name in conjunction with
3    its corporate name or assumed name under Section 4.05 of
4    the Business Corporation Act of 1983 or, if it is a member
5    of a partnership or joint venture, from doing partnership
6    or joint venture business under the partnership or joint
7    venture name. The name under which the joint venture or
8    partnership does business may differ from the names of the
9    members. Business may not be conducted or transacted under
10    that joint venture or partnership name, however, unless
11    all provisions of the Assumed Business Name Act have been
12    complied with. Nothing in this subsection (c) permits a
13    foreign corporation to do business in this State without
14    complying with all Illinois laws regulating the doing of
15    business by foreign corporations. No foreign corporation
16    may conduct or transact business in this State as a member
17    of a partnership or joint venture that violates any
18    Illinois law regulating or pertaining to the doing of
19    business by foreign corporations in Illinois.
20        (3) The provisions of this subsection (c) do not apply
21    to limited partnerships formed under the Revised Uniform
22    Limited Partnership Act or under the Uniform Limited
23    Partnership Act (2001).
24    (d) False law enforcement badges.
25        (1) A person commits false law enforcement badges if
26    he or she knowingly produces, sells, or distributes a law

 

 

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1    enforcement badge without the express written consent of
2    the law enforcement agency represented on the badge or, in
3    case of a reorganized or defunct law enforcement agency,
4    its successor law enforcement agency.
5        (2) It is a defense to false law enforcement badges
6    that the law enforcement badge is used or is intended to be
7    used exclusively: (i) as a memento or in a collection or
8    exhibit; (ii) for decorative purposes; or (iii) for a
9    dramatic presentation, such as a theatrical, film, or
10    television production.
11    (e) False medals.
12        (1) A person commits a false personation if he or she
13    knowingly and falsely represents himself or herself to be
14    a recipient of, or wears on his or her person, any of the
15    following medals if that medal was not awarded to that
16    person by the United States Government, irrespective of
17    branch of service: The Congressional Medal of Honor, The
18    Distinguished Service Cross, The Navy Cross, The Air Force
19    Cross, The Silver Star, The Bronze Star, or the Purple
20    Heart.
21        (2) It is a defense to a prosecution under paragraph
22    (e)(1) that the medal is used, or is intended to be used,
23    exclusively:
24            (A) for a dramatic presentation, such as a
25        theatrical, film, or television production, or a
26        historical re-enactment; or

 

 

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1            (B) for a costume worn, or intended to be worn, by
2        a person under 18 years of age.
3    (f) Sentence.
4        (1) A violation of paragraph (a)(8) is a petty offense
5    subject to a fine of not less than $5 nor more than $100,
6    and the person, firm, copartnership, or corporation
7    commits an additional petty offense for each day he, she,
8    or it continues to commit the violation. A violation of
9    paragraph (c)(1) is a petty offense, and the company,
10    association, or person commits an additional petty offense
11    for each day he, she, or it continues to commit the
12    violation. A violation of paragraph (a)(2.1) or subsection
13    (e) is a petty offense for which the offender shall be
14    fined at least $100 and not more than $200.
15        (2) A violation of paragraph (a)(1), (a)(3), or
16    (b)(7.5) is a Class C misdemeanor.
17        (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
18    (b)(2), or (b)(7) or subsection (d) is a Class A
19    misdemeanor. A second or subsequent violation of
20    subsection (d) is a Class 3 felony.
21        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
22    (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is
23    a Class 4 felony.
24        (5) A violation of paragraph (b)(4), (b)(9), or
25    (b)(12) is a Class 3 felony.
26        (6) A violation of paragraph (b)(5) or (b)(10) is a

 

 

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1    Class 2 felony.
2        (7) A violation of paragraph (b)(6) is a Class 1
3    felony.
4    (g) A violation of subsection (a)(1) through (a)(7) or
5subsection (e) of this Section may be accomplished in person
6or by any means of communication, including but not limited to
7the use of an Internet website or any form of electronic
8communication.
9(Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16;
10100-201, eff. 8-18-17.)
 
11    (720 ILCS 5/26.5-3)
12    Sec. 26.5-3. Harassment through electronic communications.
13    (a) A person commits harassment through electronic
14communications when he or she uses electronic communication
15for any of the following purposes:
16        (1) making Making any comment, request, suggestion, or
17    proposal with an intent to harass, annoy, alarm, abuse,
18    torment, or embarrass any individual;
19        (1.1) creating a fictitious online persona or account
20    without permission of another using another person's
21    picture, name, or likeness with the intent to commit a
22    fraud, cause emotional distress, injure the reputation of,
23    or make contact with other personal online contacts of the
24    nonconsenting person; which is obscene with an intent to
25    offend;

 

 

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1        (2) interrupting Interrupting, with the intent to
2    harass, the telephone service or the electronic
3    communication service of any person;
4        (3) transmitting Transmitting to any person, with the
5    intent to harass and regardless of whether the
6    communication is read in its entirety or at all, any file,
7    document, or other communication which prevents that
8    person from using his or her telephone service or
9    electronic communications device;
10        (4) transmitting Transmitting an electronic
11    communication or knowingly inducing a person to transmit
12    an electronic communication for the purpose of harassing
13    another person who is under 13 years of age, regardless of
14    whether the person under 13 years of age consents to the
15    harassment, if the defendant is at least 16 years of age at
16    the time of the commission of the offense;
17        (5) threatening Threatening injury to the person or to
18    the property of the person to whom an electronic
19    communication is directed or to any of his or her family or
20    household members; or
21        (6) knowingly Knowingly permitting any electronic
22    communications device to be used for any of the purposes
23    mentioned in this subsection (a).
24    (b) Telecommunications carriers, commercial mobile service
25providers, and providers of information services, including,
26but not limited to, Internet service providers and hosting

 

 

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1service providers, are not liable under this Section, except
2for willful and wanton misconduct, by virtue of the
3transmission, storage, or caching of electronic communications
4or messages of others or by virtue of the provision of other
5related telecommunications, commercial mobile services, or
6information services used by others in violation of this
7Section.
8(Source: P.A. 97-1108, eff. 1-1-13.)