(720 ILCS 5/26.5-3) Sec. 26.5-3. Harassment through electronic communications. (a) A person commits harassment through electronic
communications when he or she uses electronic
communication for any of the following purposes: (1) Making any comment, request, suggestion or |
| proposal which is obscene with an intent to offend;
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(2) Interrupting, with the intent to harass, the
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| telephone service or the electronic communication service of any person;
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(3) Transmitting to any person, with the intent to
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| harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;
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(4) Transmitting an electronic communication or
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| knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;
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(5) Threatening injury to the person or to the
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| property of the person to whom an electronic communication is directed or to any of his or her family or household members; or
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(6) Knowingly permitting any electronic
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| communications device to be used for any of the purposes mentioned in this subsection (a).
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(b) 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.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/26.5-5) Sec. 26.5-5. Sentence. (a) Except as provided in
subsection (b), a
person who violates any of the provisions of
Section 26.5-1, 26.5-2, or 26.5-3 of this Article
is guilty of a Class B misdemeanor.
Except as provided
in subsection (b), a second or subsequent
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article is a Class A
misdemeanor, for which the
court
shall impose a minimum of 14 days in
jail or, if public or
community service is established in the county in which the offender was
convicted, 240 hours of public or community service. (b) In any of the following circumstances, a person who violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article shall be guilty of a Class 4 felony: (1) The person has 3 or more prior violations in the |
| last 10 years of harassment by telephone, harassment through electronic communications, or any similar offense of any other state;
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(2) The person has previously violated the harassment
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| by telephone provisions, or the harassment through electronic communications provisions, or committed any similar offense in any other state with the same victim or a member of the victim's family or household;
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(3) At the time of the offense, the offender was
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| under conditions of pretrial release, probation, conditional discharge, mandatory supervised release or was the subject of an order of protection, in this or any other state, prohibiting contact with the victim or any member of the victim's family or household;
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(4) In the course of the offense, the offender
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| threatened to kill the victim or any member of the victim's family or household;
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(5) The person has been convicted in the last 10
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| years of a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012;
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(6) The person violates paragraph (5) of Section
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| 26.5-2 or paragraph (4) of Section 26.5-3; or
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(7) The person was at least 18 years of age at the
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| time of the commission of the offense and the victim was under 18 years of age at the time of the commission of the offense.
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(c) The court may order any person
convicted under this Article to submit to a psychiatric examination.
(Source: P.A. 101-652, eff. 1-1-23 .)
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(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:
(1) knowingly plays a game of chance or skill for |
| money or other thing of value, unless excepted in subsection (b) of this Section;
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(2) knowingly makes a wager upon the result of any
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| game, contest, or any political nomination, appointment or election;
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(3) knowingly operates, keeps, owns, uses, purchases,
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| exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
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(4) contracts to have or give himself or herself or
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| another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);
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(5) knowingly owns or possesses any book, instrument
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| or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;
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(6) knowingly sells pools upon the result of any game
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| or contest of skill or chance, political nomination, appointment or election;
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(7) knowingly sets up or promotes any lottery or
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| sells, offers to sell or transfers any ticket or share for any lottery;
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(8) knowingly sets up or promotes any policy game or
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| sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
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(9) knowingly drafts, prints or publishes any lottery
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| ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
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(10) knowingly advertises any lottery or policy game,
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| except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
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(11) knowingly transmits information as to wagers,
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| betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
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(12) knowingly establishes, maintains, or operates an
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| Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6), (6.1), (8), (8.1), and (15) of subsection (b) of this Section.
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(b) Participants in any of the following activities shall not be
convicted of gambling:
(1) Agreements to compensate for loss caused by the
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| happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.
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(2) Offers of prizes, award or compensation to the
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| actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.
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(3) Pari-mutuel betting as authorized by the law of
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(4) Manufacture of gambling devices, including the
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| acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
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(5) The game commonly known as "bingo", when
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| conducted in accordance with the Bingo License and Tax Act.
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(6) Lotteries when conducted by the State of Illinois
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| in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
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(6.1) The purchase of lottery tickets through the
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| Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.
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(7) Possession of an antique slot machine that is
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| neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.
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(8) Raffles and poker runs when conducted in
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| accordance with the Raffles and Poker Runs Act.
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(8.1) The purchase of raffle chances for a raffle
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| conducted in accordance with the Raffles and Poker Runs Act.
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(9) Charitable games when conducted in accordance
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| with the Charitable Games Act.
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(10) Pull tabs and jar games when conducted under the
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| Illinois Pull Tabs and Jar Games Act.
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(11) Gambling games when authorized by the Illinois
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(12) Video gaming terminal games at a licensed
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| establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
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(13) Games of skill or chance where money or other
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| things of value can be won but no payment or purchase is required to participate.
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(14) Savings promotion raffles authorized under
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| Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
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(15) Sports wagering when conducted in accordance
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| with the Sports Wagering Act.
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(c) Sentence.
Gambling is a
Class A misdemeanor. A second or
subsequent conviction under subsections (a)(3) through (a)(12),
is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under
this
Section circumstantial evidence shall have the same validity and weight as
in any criminal prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
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(720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
Sec. 28-1.1. Syndicated gambling.
(a) Declaration of Purpose. Recognizing the close relationship between
professional gambling and other organized crime, it is declared to be the
policy of the legislature to restrain persons from engaging in the business
of gambling for profit in this State. This Section shall be liberally
construed and administered with a view to carrying out this policy.
(b) A person commits syndicated gambling when he or she operates a "policy
game" or engages in the business of bookmaking.
(c) A person "operates a policy game" when he or she knowingly uses any
premises or property for the purpose of receiving or knowingly does
receive from what is commonly called "policy":
(1) money from a person other than the bettor or |
| player whose bets or plays are represented by the money; or
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(2) written "policy game" records, made or used over
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| any period of time, from a person other than the bettor or player whose bets or plays are represented by the written record.
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(d) A person engages in bookmaking when he or she knowingly receives or accepts more
than five bets or wagers upon the result of any trials or contests of
skill, speed or power of endurance or upon any lot, chance, casualty,
unknown or contingent event whatsoever, which bets or wagers shall be of
such size that the total of the amounts of money paid or promised to be
paid to the bookmaker on account thereof shall exceed $2,000.
Bookmaking is the receiving or accepting of bets or wagers
regardless of the form or manner in which the bookmaker records them.
(e) Participants in any of the following activities shall not be
convicted of syndicated gambling:
(1) Agreements to compensate for loss caused by the
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| happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;
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(2) Offers of prizes, award or compensation to the
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| actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in the contest;
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(3) Pari-mutuel betting as authorized by law of this
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(4) Manufacture of gambling devices, including the
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| acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when the transportation is not prohibited by any applicable Federal law;
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(5) Raffles and poker runs when conducted in
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| accordance with the Raffles and Poker Runs Act;
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(6) Gambling games conducted on riverboats, in
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| casinos, or at organization gaming facilities when authorized by the Illinois Gambling Act;
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(7) Video gaming terminal games at a licensed
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| establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act; and
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(8) Savings promotion raffles authorized under
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| Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
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(f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 101-31, eff. 6-28-19.)
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(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is any clock, tape machine, slot machine or
other machines or device for the reception of money or other thing of value
on chance or skill or upon the action of which money or other thing of
value is staked, hazarded, bet, won, or lost; or any mechanism, furniture,
fixture, equipment, or other device designed primarily for use in a gambling
place. A "gambling device" does not include:
(1) A coin-in-the-slot operated mechanical device |
| played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property, or right to receive money or property.
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(2) Vending machines by which full and adequate
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| return is made for the money invested and in which there is no element of chance or hazard.
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(3) A crane game. For the purposes of this paragraph
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| (3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties, and prizes other than currency, each having a wholesale value which is not more than $25.
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(4) A redemption machine. For the purposes of this
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| paragraph (4), a "redemption machine" is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
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(A) The outcome of the game is predominantly
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| determined by the skill of the player.
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(B) The award of the prize is based solely upon
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| the player's achieving the object of the game or otherwise upon the player's score.
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(C) Only merchandise prizes are awarded.
(D) The wholesale value of prizes awarded in lieu
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| of tickets or tokens for single play of the device does not exceed $25.
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(E) The redemption value of tickets, tokens, and
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| other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
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(5) Video gaming terminals at a licensed
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| establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
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(a-5) "Internet" means an interactive computer service or system or an
information service, system, or access software provider that provides or
enables computer access by multiple users to a computer server, and includes,
but is not limited to, an information service, system, or access software
provider that provides access to a network system commonly known as the
Internet, or any comparable system or service and also includes, but is not
limited to, a World Wide Web page, newsgroup, message board, mailing list, or
chat area on any interactive computer service or system or other online
service.
(a-6) "Access" has the meaning ascribed to the term in Section 17-55.
(a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5.
(b) A "lottery" is any scheme or procedure whereby one or more prizes
are distributed by chance among persons who have paid or promised
consideration for a chance to win such prizes, whether such scheme or
procedure is called a lottery, raffle, gift, sale, or some other name, excluding savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
(c) A "policy game" is any scheme or procedure whereby a person promises
or guarantees by any instrument, bill, certificate, writing, token, or other
device that any particular number, character, ticket, or certificate shall
in the event of any contingency in the nature of a lottery entitle the
purchaser or holder to receive money, property, or evidence of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)
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