State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

90_HB3034eng

      720 ILCS 5/16D-5.1 new
          Amends the Criminal Code of 1961.  Creates the offense of
      facilitating theft of on-line services.  Penalty is a Class A
      misdemeanor when the aggregate value of service  obtained  is
      less  than $300 and a Class 4 felony when the aggregate value
      of service obtained is $300 or more.  A second or  subsequent
      offense is a Class 2 felony.
                                                     LRB9010811RCcd
HB3034 Engrossed                               LRB9010811RCcd
 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
HB3034 Engrossed            -2-                LRB9010811RCcd
 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.

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