(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
Sec. 17-51. Computer tampering.
(a) A person commits
computer tampering when he or she knowingly and without the authorization of a
computer's owner or in excess of
the authority granted to him or her:
(1) Accesses or causes to be accessed a computer or |
| any part thereof, a computer network, or a program or data;
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(2) Accesses or causes to be accessed a computer or
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| any part thereof, a computer network, or a program or data, and obtains data or services;
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(3) Accesses or causes to be accessed a computer or
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| any part thereof, a computer network, or a program or data, and damages or destroys the computer or alters, deletes, or removes a computer program or data;
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(4) Inserts or attempts to insert a program into a
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| computer or computer program knowing or having reason to know that such program contains information or commands that will or may:
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(A) damage or destroy that computer, or any other
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| computer subsequently accessing or being accessed by that computer;
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(B) alter, delete, or remove a computer program
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| or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer; or
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(C) cause loss to the users of that computer or
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| the users of a computer which accesses or which is accessed by such program; or
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(5) Falsifies or forges electronic mail transmission
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| information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
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(a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or
otherwise
distribute or possess with the intent to sell, give, or distribute software
which:
(1) is primarily designed or produced for the purpose
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| of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
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(2) has only a limited commercially significant
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| purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
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(3) is marketed by that person or another acting in
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| concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
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(a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a
computer's owner if:
(1) the owner authorizes patrons, customers, or
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| guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner;
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(2) the owner authorizes the public to access the
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| computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner; or
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(3) the person accesses the computer network in
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| compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
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(b) Sentence.
(1) A person who commits computer tampering as set
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| forth in subdivision (a)(1) or (a)(5) or subsection (a-5) of this Section is guilty of a Class B misdemeanor.
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(2) A person who commits computer tampering as set
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| forth in subdivision (a)(2) of this Section is guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.
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(3) A person who commits computer tampering as set
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| forth in subdivision (a)(3) or (a)(4) of this Section is guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.
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(4) If an injury arises from the transmission of
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| unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
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(5) If an injury arises from the transmission of
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| unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.
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(6) The provisions of this Section shall not be
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| construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
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(c) Whoever suffers loss by reason of a violation of subdivision (a)(4)
of this Section may, in a civil action against the violator, obtain
appropriate relief. In
a civil action under this Section, the court may award to the prevailing
party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)
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(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) Sec. 17-52.5. Unlawful use of encryption. (a) For the purpose of this Section: "Computer" has the meaning ascribed to the term in |
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"Encryption" means the use of any protective or
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| disruptive measure, including, without limitation, cryptography, enciphering, encoding, or a computer contaminant, to: (1) prevent, impede, delay, or disrupt access to any data, information, image, program, signal, or sound; (2) cause or make any data, information, image, program, signal, or sound unintelligible or unusable; or (3) prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network.
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"Network" means a set of related, remotely connected
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| devices and facilities, including more than one system, with the capability to transmit data among any of the devices and facilities. The term includes, without limitation, a local, regional, or global computer network.
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"Program" means an ordered set of data representing
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| coded instructions or statements which can be executed by a computer and cause the computer to perform one or more tasks.
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"System" means a set of related equipment, whether or
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| not connected, which is used with or for a computer.
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(b) A person shall not knowingly use or attempt to use encryption, directly or indirectly, to:
(1) commit, facilitate, further, or promote any
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(2) aid, assist, or encourage another person to
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| commit any criminal offense;
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(3) conceal evidence of the commission of any
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(4) conceal or protect the identity of a person who
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| has committed any criminal offense.
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(c) Telecommunications carriers and information service providers are not liable under this Section, except for willful and wanton misconduct, for providing encryption services used by others in violation of this Section.
(d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, unless the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law. If the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law, the person shall be punished as prescribed by law for that offense.
(e) A person who violates this Section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted under this Section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this Section.
(Source: P.A. 101-87, eff. 1-1-20.)
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(720 ILCS 5/17-55) Sec. 17-55. Definitions. For the purposes of this subdivision 30: In addition to its meaning as defined in Section 15-1 of this Code,
"property" means: (1) electronic impulses;
(2) electronically produced data; (3) confidential, copyrighted, or proprietary
information; (4) private identification codes or numbers which permit access to
a computer by authorized computer users or generate billings to consumers
for purchase of goods and services, including but not limited to credit
card transactions and telecommunications services or permit electronic fund
transfers; (5) software or programs in either machine or human readable
form; or (6) any other tangible or intangible item relating to a computer
or any part thereof. "Access" means to use, instruct, communicate with, store data
in, retrieve or intercept data from, or otherwise utilize any services
of, a computer, a network, or data. "Services" includes but is not limited to computer time, data
manipulation, or storage functions. "Vital services or operations" means those services or operations
required to provide, operate, maintain, and repair network cabling,
transmission, distribution, or computer facilities necessary to ensure or
protect the public health, safety, or welfare. Those services or operations include, but are not limited to, services provided by medical
personnel or institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia personnel, private
and public utility companies, or law enforcement agencies.
(Source: P.A. 101-87, eff. 1-1-20.) |
(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3) Sec. 17-56. Financial exploitation of an elderly person or a person with a disability. (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly: (1) by deception or intimidation obtains control over |
| the property of an elderly person or a person with a disability; or
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(2) illegally uses the assets or resources of an
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| elderly person or a person with a disability.
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(b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is 70 years of age or older and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
(c) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age
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(2) "Person with a disability" means a person who
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| suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
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(3) "Intimidation" means the communication to an
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| elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment or conduct as provided in Section 12-6 of this Code.
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(4) "Deception" means, in addition to its meaning as
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| defined in Section 15-4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
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The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust.
(d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
(e) Good faith efforts. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
(f) Not a defense. It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent.
(g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability.
(h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.
(Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24.)
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(720 ILCS 5/17-57) (was 720 ILCS 5/17-28) Sec. 17-57. Defrauding drug and alcohol screening tests. (a) It is unlawful for a person to: (1) manufacture, sell, give away, distribute, or |
| market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test;
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(2) substitute or spike a sample or advertise a
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| sample substitution or other spiking device or measure, with the intent of attempting to foil or defeat a drug or alcohol screening test;
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(3) adulterate synthetic or human substances with the
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| intent to defraud a drug or alcohol screening test; or
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(4) manufacture, sell, or possess adulterants that
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| are intended to be used to adulterate synthetic or human substances with the intent of defrauding a drug or alcohol screening test.
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(b) The trier of fact may infer intent to violate this Section if a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products.
(c) Sentence. A violation of this Section is a Class 4 felony for which the court shall impose a minimum fine of $1,000.
(d) For the purposes of this Section, "drug or alcohol screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing.
(Source: P.A. 96-1551, eff. 7-1-11.)
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