Full Text of HB4642 97th General Assembly
HB4642eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Sections 17-51 and 17-55 as follows:
| 6 | | (720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
| 7 | | Sec. 17-51. Computer tampering.
| 8 | | (a) A person commits
computer tampering when he or she | 9 | | knowingly and without the authorization of a
computer's owner | 10 | | or in excess of
the authority granted to him or her:
| 11 | | (1) Accesses or causes to be accessed a computer or any | 12 | | part thereof, a computer network, or
a program or data;
| 13 | | (2) Accesses or causes to be accessed a computer or any | 14 | | part thereof, a computer network, or
a program or data, and | 15 | | obtains data or services;
| 16 | | (3) Accesses or causes to be accessed a computer or any
| 17 | | part thereof, a computer network, or a program or data, and | 18 | | damages or destroys the computer or
alters, deletes, or | 19 | | removes a computer program or data;
| 20 | | (4) Inserts or attempts to insert a program into a | 21 | | computer or
computer program knowing or having reason to | 22 | | know that such program contains
information or commands | 23 | | that will or may: |
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| 1 | | (A) damage or destroy that computer,
or any other | 2 | | computer subsequently accessing or being accessed by | 3 | | that
computer; | 4 | | (B) alter, delete, or remove a computer program or
| 5 | | data from that computer, or any other computer program | 6 | | or data in a
computer subsequently accessing or being | 7 | | accessed by that computer; or | 8 | | (C) cause loss to the users of that computer or the | 9 | | users of a
computer which accesses or which is accessed | 10 | | by such program; or
| 11 | | (5) Falsifies or forges electronic mail transmission | 12 | | information or
other
routing information in any manner in | 13 | | connection with the transmission of
unsolicited bulk | 14 | | electronic mail through or into the computer network of an
| 15 | | electronic mail service provider or its subscribers.
| 16 | | (a-1) A person commits
computer tampering when he or she | 17 | | knowingly and without the authorization of an account holder or | 18 | | in excess
of the authority granted to him or to her: | 19 | | (1) accesses or causes to be accessed by any means an
| 20 | | electronic mail (e-mail), instant messaging, or social
| 21 | | networking website account; | 22 | | (2) accesses or causes to be accessed by any means an
| 23 | | electronic mail (e-mail), instant messaging, or social
| 24 | | networking website account, and views the content of an
| 25 | | electronic communication; or | 26 | | (3) accesses or causes to be accessed by any means a
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| 1 | | computer or any part thereof, a computer network,
| 2 | | electronic mail (e-mail), instant messaging, or social
| 3 | | networking website account, and: | 4 | | (A) deletes an electronic communication; | 5 | | (B) transmits an electronic communication | 6 | | purporting
to be the account holder; or | 7 | | (C) changes the password for the account; | 8 | | (4) accesses or causes to be accessed by any means a | 9 | | social
networking website account, and: | 10 | | (A) alters the privacy settings for the account
| 11 | | holder's account; or | 12 | | (B) gives himself, herself, or another access to | 13 | | view private
content on the account holder's social | 14 | | networking
website account; or | 15 | | (5) accesses or causes to be accessed by any means a
| 16 | | computer or any part thereof, a computer network,
| 17 | | electronic mail (e-mail) account, instant messaging
| 18 | | account, social networking website account and
adds, | 19 | | deletes, or alters content. | 20 | | (a-5) Distributing software to falsify routing | 21 | | information. It is unlawful for any person knowingly to sell, | 22 | | give, or
otherwise
distribute or possess with the intent to | 23 | | sell, give, or distribute software
which:
| 24 | | (1) is primarily designed or produced for the purpose | 25 | | of facilitating or
enabling the falsification of | 26 | | electronic mail transmission information or
other routing |
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| 1 | | information; | 2 | | (2) has only a limited commercially significant
| 3 | | purpose or use other than to facilitate or enable the | 4 | | falsification of
electronic
mail transmission information | 5 | | or other routing information; or | 6 | | (3) is
marketed by that person or another acting in | 7 | | concert with that person with
that person's knowledge for | 8 | | use in facilitating or enabling the falsification
of
| 9 | | electronic mail transmission information or other routing | 10 | | information.
| 11 | | (a-10) For purposes of subsection (a), accessing a computer | 12 | | network is deemed to be with the authorization of a
computer's | 13 | | owner if: | 14 | | (1) the owner authorizes patrons, customers, or guests | 15 | | to access the computer network and the person accessing the | 16 | | computer network is an authorized patron, customer, or | 17 | | guest and complies with all terms or conditions for use of | 18 | | the computer network that are imposed by the owner; or | 19 | | (2) the owner authorizes the public to access the | 20 | | computer network and the person accessing the computer | 21 | | network complies with all terms or conditions for use of | 22 | | the computer network that are imposed by the owner.
| 23 | | (b) Sentence.
| 24 | | (1) A person who commits computer
tampering as set | 25 | | forth in subdivision (a)(1) or (a)(5) or subsection (a-5) | 26 | | of this
Section is guilty
of a Class B misdemeanor.
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| 1 | | (2) A person who commits computer tampering as set | 2 | | forth
in subdivision (a)(2) of this Section is guilty of a | 3 | | Class A misdemeanor
and a Class 4 felony for the second or | 4 | | subsequent offense.
| 5 | | (3) A person who commits computer tampering as set | 6 | | forth
in subdivision (a)(3) or (a)(4) of this Section is | 7 | | guilty of a Class 4 felony
and a Class 3 felony for the | 8 | | second or subsequent offense.
| 9 | | (3.1) A person who commits computer tampering as set | 10 | | forth
in subdivision (a-1)(1) of this Section is guilty of | 11 | | a Class B misdemeanor for which
the court shall impose a | 12 | | minimum fine of $500 or, if public or
community service is | 13 | | established in the county in which the
offender was | 14 | | convicted, 30 hours of public or community
service. | 15 | | (3.2) A person who commits computer tampering as set | 16 | | forth
in subdivision (a-1)(2) or (a-1)(4) of this Section | 17 | | is guilty of a Class A misdemeanor for a first violation | 18 | | for which the court shall impose a minimum fine of $1,000 | 19 | | or,
if public or community service is established in the | 20 | | county in
which the offender was convicted, 80 hours of | 21 | | public or
community service and a Class 4 felony for a | 22 | | second or subsequent
violation. | 23 | | (3.3) A person who commits computer tampering as set | 24 | | forth
in subdivision (a-1)(3) or (a-1)(5) of this Section | 25 | | is guilty of a Class 4 felony.
| 26 | | (4) If an injury arises from the transmission of |
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| 1 | | unsolicited bulk
electronic
mail, the injured person, | 2 | | other than an electronic mail service
provider, may also | 3 | | recover attorney's fees and costs, and may elect, in lieu | 4 | | of
actual damages, to recover the lesser of $10 for each | 5 | | unsolicited
bulk electronic mail message transmitted in | 6 | | violation of this Section, or
$25,000 per day. The injured | 7 | | person shall not have a cause of action
against the | 8 | | electronic mail service provider that merely transmits the
| 9 | | unsolicited bulk electronic mail over its computer | 10 | | network.
| 11 | | (5) If an injury arises from the transmission of | 12 | | unsolicited bulk
electronic
mail,
an injured electronic | 13 | | mail service provider may also recover
attorney's fees and | 14 | | costs, and may elect, in lieu of actual damages, to recover
| 15 | | the greater of $10 for each unsolicited electronic mail
| 16 | | advertisement transmitted in violation of this Section, or | 17 | | $25,000 per day.
| 18 | | (6) The provisions of this Section shall not be | 19 | | construed to limit any
person's
right to pursue any | 20 | | additional civil remedy otherwise allowed by law.
| 21 | | (c) Whoever suffers loss by reason of a violation of | 22 | | subdivision (a)(4)
of this Section may, in a civil action | 23 | | against the violator, obtain
appropriate relief. In
a civil | 24 | | action under this Section, the court may award to the | 25 | | prevailing
party reasonable attorney's fees and other | 26 | | litigation expenses.
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| 1 | | (Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10; | 2 | | 96-1551, eff. 7-1-11.)
| 3 | | (720 ILCS 5/17-55) | 4 | | Sec. 17-55. Definitions. For the purposes of Sections 17-50 | 5 | | through 17-53: | 6 | | In addition to its meaning as defined in Section 15-1 of | 7 | | this Code,
"property" means: (1) electronic impulses;
(2) | 8 | | electronically produced data; (3) confidential, copyrighted, | 9 | | or proprietary
information; (4) private identification codes | 10 | | or numbers which permit access to
a computer by authorized | 11 | | computer users or generate billings to consumers
for purchase | 12 | | of goods and services, including but not limited to credit
card | 13 | | transactions and telecommunications services or permit | 14 | | electronic fund
transfers; (5) software or programs in either | 15 | | machine or human readable
form; or (6) any other tangible or | 16 | | intangible item relating to a computer
or any part thereof. | 17 | | "Access" means to use, instruct, communicate with, store | 18 | | data
in, retrieve or intercept data from, or otherwise utilize | 19 | | any services
of, a computer, a network, or data. | 20 | | "Account holder" means the person or entity to whom or
to | 21 | | which an electronic mail or instant message service
account, | 22 | | social networking website profile, or other
virtual identity is | 23 | | registered. | 24 | | "Services" includes but is not limited to computer time, | 25 | | data
manipulation, or storage functions. |
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| 1 | | "Vital services or operations" means those services or | 2 | | operations
required to provide, operate, maintain, and repair | 3 | | network cabling,
transmission, distribution, or computer | 4 | | facilities necessary to ensure or
protect the public health, | 5 | | safety, or welfare. Those services or operations include, but | 6 | | are not limited to, services provided by medical
personnel or | 7 | | institutions, fire departments, emergency services agencies,
| 8 | | national defense contractors, armed forces or militia | 9 | | personnel, private
and public utility companies, or law | 10 | | enforcement agencies.
| 11 | | (Source: P.A. 96-1551, eff. 7-1-11.) | 12 | | Section 10. The Harassing and Obscene Communications Act is | 13 | | amended by changing Sections 1-2 and 2 as follows: | 14 | | (720 ILCS 135/1-2) | 15 | | Sec. 1-2. Harassment through electronic communications. | 16 | | (a) Harassment through electronic communications is the | 17 | | use of electronic
communication for any of the following | 18 | | purposes: | 19 | | (1) Transmitting Making any comment, request, | 20 | | suggestion or proposal which is obscene
with an intent to | 21 | | offend; | 22 | | (2) Interrupting, with the intent to harass, the | 23 | | telephone service or the
electronic communication service | 24 | | of any person; |
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| 1 | | (3) Transmitting to any person, with the intent to | 2 | | harass and regardless
of whether the communication is read | 3 | | in its entirety or at all, any file,
document, or other | 4 | | communication which prevents that person from using his or
| 5 | | her telephone service or electronic communications device; | 6 | | (3.1) Transmitting an electronic communication or | 7 | | knowingly inducing a
person to transmit an electronic | 8 | | communication for the purpose of harassing
another person | 9 | | who is under 13 years of age, regardless of whether the | 10 | | person
under 13 years of age consents to the harassment, if | 11 | | the defendant is at least
16 years of age at the time of | 12 | | the commission of the offense; | 13 | | (4) Threatening injury to the person or to the property | 14 | | of the person to
whom an electronic communication is | 15 | | directed or to any of his or her family or
household | 16 | | members; or | 17 | | (4.1) Knowingly and by any means making repeated,
| 18 | | unwanted, and harassing communication to another person | 19 | | within one week by transmitting any comment, request, | 20 | | suggestion, or proposal which is obscene with an intent to | 21 | | offend; or | 22 | | (5) Knowingly permitting any electronic communications | 23 | | device to be used
for any of the purposes mentioned in this | 24 | | subsection (a). | 25 | | (b) As used in this Act: | 26 | | (1) "Electronic communication" means any transfer of |
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| 1 | | signs, signals,
writings, images, sounds, data or | 2 | | intelligence of any nature transmitted in
whole or in part | 3 | | by a wire, radio, electromagnetic, photoelectric or
| 4 | | photo-optical system. "Electronic communication" includes | 5 | | transmissions through an electronic device including, but | 6 | | not limited to, a telephone, cellular phone, computer, or | 7 | | pager, which communication includes, but is not limited to, | 8 | | e-mail, instant message, text message, or voice mail. | 9 | | (2) "Family or household member" includes spouses, | 10 | | former spouses,
parents,
children, stepchildren and other | 11 | | persons related by blood or by present or
prior
marriage, | 12 | | persons who share or formerly shared a common dwelling, | 13 | | persons who
have or allegedly share a blood relationship | 14 | | through a child, persons who have
or have had a dating or | 15 | | engagement relationship, and persons with disabilities
and | 16 | | their personal assistants. For purposes of this Act, | 17 | | neither a casual
acquaintanceship nor ordinary | 18 | | fraternization between 2 individuals in
business or social | 19 | | contexts shall be deemed to constitute a dating
| 20 | | relationship. | 21 | | (c) Telecommunications carriers, commercial mobile service | 22 | | providers, and providers of information services, including, | 23 | | but not limited to, Internet service providers and hosting | 24 | | service providers, are not liable under this Section, except | 25 | | for willful and wanton misconduct, by virtue of the | 26 | | transmission, storage, or caching of electronic communications |
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| 1 | | or messages of others or by virtue of the provision of other | 2 | | related telecommunications, commercial mobile services, or | 3 | | information services used by others in violation of this | 4 | | Section. | 5 | | (Source: P.A. 96-328, eff. 8-11-09; 97-303, eff. 8-11-11.)
| 6 | | (720 ILCS 135/2) (from Ch. 134, par. 16.5)
| 7 | | Sec. 2. Sentence.
| 8 | | (a) Except as provided in
subsection (b), a
person who | 9 | | violates any of the provisions of
Section 1, 1-1, or 1-2 , other | 10 | | than paragraph (4.1) of subsection (a) of Section 1-2, of this | 11 | | Act
is guilty of a Class B misdemeanor.
Except as provided
in | 12 | | subsection (b), a violation of paragraph (4.1) of subsection | 13 | | (a) of Section 1-2 is a Class A misdemeanor. Except as provided | 14 | | in
subsection (b), a second or subsequent
violation of Section | 15 | | 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which | 16 | | the
court
shall impose a minimum of 14 days in
jail or, if | 17 | | public or
community service is established in the county in | 18 | | which the offender was
convicted, 240 hours of public or | 19 | | community service.
| 20 | | (b) In any of the following circumstances, a person who | 21 | | violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | 22 | | a Class 4 felony:
| 23 | | (1) The person has 3 or more prior violations in the | 24 | | last 10 years of
harassment
by
telephone under Section 1-1 | 25 | | of this Act, harassment through electronic
communications |
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| 1 | | under Section 1-2 of this Act, or any similar offense of | 2 | | any
state;
| 3 | | (2) The person has previously violated the harassment | 4 | | by telephone
provisions of Section 1-1 of this Act or the | 5 | | harassment through electronic
communications provisions of | 6 | | Section 1-2 of this Act or committed any similar
offense in | 7 | | any state with the same victim or a member of the victim's | 8 | | family or
household;
| 9 | | (3) At the time of the offense, the offender was under | 10 | | conditions of bail,
probation, mandatory supervised | 11 | | release or was the subject of an order of
protection, in | 12 | | this or any other state, prohibiting contact with the | 13 | | victim or
any member of the victim's family or household;
| 14 | | (4) In the course of the offense, the offender | 15 | | threatened to kill the
victim or any member of the victim's | 16 | | family or household;
| 17 | | (5) The person has been convicted in the last 10 years | 18 | | of a forcible
felony
as defined in Section 2-8 of the | 19 | | Criminal Code of 1961;
| 20 | | (6) The person violates paragraph (4.1) of Section 1-1 | 21 | | or paragraph
(3.1) of subsection (a) of Section 1-2; or | 22 | | (7) The person was at least 18 years of age at the time | 23 | | of the commission of the offense and the victim was under | 24 | | 18 years of age at the time of the commission of the | 25 | | offense.
| 26 | | (Source: P.A. 95-984, eff. 6-1-09 .)
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