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91_HB0791eng HB0791 Engrossed LRB9104584RCks 1 AN ACT to amend the Criminal Code of 1961 by adding 2 Section 16D-5.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 adding Section 16D-5.1 as follows: 7 (720 ILCS 5/16D-5.1 new) 8 Sec. 16D-5.1. Facilitating theft of on-line services. 9 (a) A person commits the offense of facilitating theft 10 of on-line services who knowingly: 11 (1) Makes, obtains, possesses, or uses a computer 12 or other electronic device, or computer software with the 13 capability to gain unauthorized access to a commercial or 14 non-commercial on-line service or computerized web 15 intended to gather and disseminate information by 16 electronic means, and uses the electronic machinery or 17 computer software in his or her possession or use to gain 18 unauthorized access to an on-line service or information 19 web; or 20 (2) Sells, distributes, gives, or otherwise 21 transfers to another, or offers, promotes, or advertises 22 a computer or electronic device or computer software with 23 the capability to gain unauthorized access to a 24 commercial or non-commercial on-line service or 25 computerized web intended to gather and disseminate 26 information by electronic means, under circumstances 27 evidencing an intent to use or employ these items, or to 28 allow them to be used or employed, for the purpose of 29 gaining unauthorized access to a commercial or 30 non-commercial on-line service or computerized web 31 intended to gather and disseminate information by HB0791 Engrossed -2- LRB9104584RCks 1 electronic means. 2 (b) Sentence. Facilitating theft of on-line services is 3 a Class A misdemeanor when the aggregate value of service 4 obtained is less than $300 and a Class 4 felony when the 5 aggregate value of service obtained is $300 or more. For a 6 second or subsequent offense, or if the person convicted of 7 the offense has been previously convicted of any similar 8 crime in this or any other state or federal jurisdiction, 9 facilitating theft of on-line services is a Class 2 felony.