State of Illinois
91st General Assembly
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Public Act 91-0878

SB1273 Enrolled                                LRB9109312RCks

    AN ACT to amend the Harassing and Obscene  Communications
Act by changing Sections 1-1, 1-2, and 2.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Harassing and Obscene Communications  Act
is amended by changing Sections 1-1, 1-2, and 2 as follows:

    (720 ILCS 135/1-1) (from Ch. 134, par. 16.4-1)
    Sec.   1-1.  Harassment  by  telephone).   Harassment  by
telephone is use of telephone communication for  any  of  the
following purposes:
    (1)  Making  any comment, request, suggestion or proposal
which is obscene, lewd, lascivious, filthy or  indecent  with
an intent to offend; or
    (2)  Making a telephone call, whether or not conversation
ensues,  with  intent to abuse, threaten or harass any person
at the called number; or
    (3)  Making  or  causing   the   telephone   of   another
repeatedly  to  ring, with intent to harass any person at the
called number; or
    (4)  Making  repeated  telephone  calls,   during   which
conversation  ensues,  solely  to  harass  any  person at the
called number; or
    (4.1)  Making a telephone call or  knowingly  inducing  a
person  to make a telephone call 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; or
    (5)  Knowingly   permitting  any  telephone  under  one's
control to be used for any of the purposes mentioned herein.
    Every telephone directory published for  distribution  to
members  of the general public shall contain a notice setting
forth a summary of the  provisions  of  this  Section.   Such
notice  shall be printed in type which is no smaller than any
other type on the same page and shall be preceded by the word
"WARNING".  All  telephone  companies  in  this  State  shall
cooperate  with  law  enforcement  agencies  in  using  their
facilities  and personnel to detect and prevent violations of
this Act.
(Source: P.A. 80-795.)

    (720 ILCS 135/1-2)
    Sec. 1-2.  Harassment through electronic communications.
    (a)  Harassment through electronic communications is  the
use  of  electronic  communication  for  any of the following
purposes:
         (1)  Making  any  comment,  request,  suggestion  or
    proposal which is obscene  with an intent to offend;
         (2)  Interrupting, with the intent  to  harass,  the
    telephone service or the electronic communication service
    of any person;
         (3)  Transmitting  to any person, with the intent to
    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;
         (3.1)  Transmitting an electronic  communication  or
    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;
         (4)  Threatening  injury  to  the  person  or to the
    property  of   the   person   to   whom   an   electronic
    communication  is directed or to any of his or her family
    or household members; or
         (5)  Knowingly     permitting     any     electronic
    communications device to be used for any of the  purposes
    mentioned in this subsection (a).
    (b)  As used in this Act:
         (1)  "Electronic  communication"  means any transfer
    of signs, signals,  writings,  images,  sounds,  data  or
    intelligence  of  any  nature  transmitted in whole or in
    part by a wire, radio, electromagnetic, photoelectric  or
    photo-optical system.
         (2)  "Family  or household member" includes spouses,
    former spouses, parents, children, stepchildren and other
    persons related by blood or by present or prior marriage,
    persons who share or formerly shared a  common  dwelling,
    persons  who have or allegedly share a blood relationship
    through a child, persons who have or have had a dating or
    engagement relationship, and  persons  with  disabilities
    and their personal assistants.  For purposes of this Act,
    neither    a   casual   acquaintanceship   nor   ordinary
    fraternization  between  2  individuals  in  business  or
    social contexts shall be deemed to  constitute  a  dating
    relationship.
(Source: P.A. 90-578, eff. 6-1-98.)

    (720 ILCS 135/2) (from Ch. 134, par. 16.5)
    Sec. 2. Sentence.
    (a)  Except  as provided in subsection (b), a  person who
violates any of the provisions of Section 1, 1-1, or  1-2  of
this  Act  is  guilty  of  a  Class  B misdemeanor. Except as
provided in subsection (b), a second or subsequent  violation
of  Section  1,  1-1,  or  1-2  of  this  Act  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  1, 1-1, or 1-2 of this Act 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 under
    Section 1-1 of this Act,  harassment  through  electronic
    communications  under  Section  1-2  of  this Act, or any
    similar offense of any state;
         (2)  The  person   has   previously   violated   the
    harassment by telephone provisions of Section 1-1 of this
    Act  or  the harassment through electronic communications
    provisions of Section 1-2 of this Act  or  committed  any
    similar  offense  in  any state with the same victim or a
    member of the victim's family or household;
         (3)  At the time of the offense,  the  offender  was
    under conditions of bail, probation, 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;
         (4)  In  the  course  of  the  offense, the offender
    threatened to kill  the  victim  or  any  member  of  the
    victim's family or household; or
         (5)  The  person  has  been convicted in the last 10
    years of a forcible felony as defined in Section  2-8  of
    the Criminal Code of 1961; or .
         (6)  The  person violates paragraph (4.1) of Section
    1-1 or paragraph (3.1) of subsection (a) of Section 1-2.
(Source: P.A. 89-547, eff. 1-1-97; 90-578, eff. 6-1-98.)

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