Public Act 095-0326
 		





SB0142 Enrolled
LRB095 06386 RLC 26483 b






    AN ACT concerning criminal law.

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


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 16D-3 as follows:
 



    (720 ILCS 5/16D-3)  (from Ch. 38, par. 16D-3)


    Sec. 16D-3. Computer Tampering. 

    (a) A person commits the offense of
computer tampering when 
he knowingly and without the authorization of a
computer's 
owner, as defined in Section 15-2 of this Code, or in excess of

the authority granted to him:


        (1) Accesses or causes to be accessed a computer or any 
    part thereof, a computer network, or
a program or data;


        (2) Accesses or causes to be accessed a computer or any 
    part thereof, a computer network, or
a program or data, and 
    obtains data or services;


        (3) Accesses or causes to be accessed a computer or 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;


        (4) Inserts or attempts to insert a "program" into a 
    computer or
computer program knowing or having reason to 
    believe that such "program" contains
information or 
    commands that will or may damage or destroy that computer,

    or any other computer subsequently accessing or being 
    accessed by that
computer, or that will or may alter, 
    delete or remove a computer program or
data from that 
    computer, or any other computer program or data in a

    computer subsequently accessing or being accessed by that 
    computer, or that
will or may cause loss to the users of 
    that computer or the users of a
computer which accesses or 
    which is accessed by such "program";


        (5) Falsifies or forges electronic mail transmission 
    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;

    (a-5) It shall be 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 of facilitating or

enabling the falsification of electronic mail transmission 
information or
other routing information; (2) has only a 
limited commercially significant
purpose or use other than to 
facilitate or enable the falsification of
electronic
mail 
transmission information or other routing information; or (3) 
is
marketed by that person or another acting in 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.

    (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 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; or
        (2) the owner authorizes the public to access the 
    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.

    (b) Sentence.


        (1) A person who commits the offense of computer

    tampering as set forth in subsection (a)(1), (a)(5), or 
    (a-5) of this
Section shall be guilty
of a Class B 
    misdemeanor.


        (2) A person who commits the offense of computer 
    tampering as set forth
in subsection (a)(2) of this Section 
    shall be guilty of a Class A misdemeanor
and a Class 4 
    felony for the second or subsequent offense.


        (3) A person who commits the offense of computer 
    tampering as set forth
in subsection (a)(3) or subsection 
    (a)(4) of this Section
 shall
be guilty of a Class 4 felony

    and a Class 3 felony for the second or subsequent offense.


        (4) If the injury arises from the transmission of 
    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 
    and every 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.


        (5) If the injury arises from the transmission of 
    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 and every unsolicited 
    electronic mail
advertisement transmitted in violation of 
    this Section, or $25,000 per day.


        (6) The provisions of this Section shall not be 
    construed to limit any
person's
right to pursue any 
    additional civil remedy otherwise allowed by law.

    (c) Whoever suffers loss by reason of a violation of 
subsection (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. 91-233, eff. 1-1-00.)