93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6877


 
Introduced 02/09/04, by Ron Stephens
 
SYNOPSIS AS INTRODUCED:
 		













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.
















LRB093 17969 RLC 43652 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6877

LRB093 17969 RLC 43652 b






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    AN ACT concerning criminal law. 

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


 
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    Section  5. The Criminal Code of 1961 is amended by adding

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Section 16D-5.1 as follows:


 
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    (720 ILCS 5/16D-5.1 new)

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    Sec. 16D-5.1. Facilitating theft of on-line services.


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    (a) A person commits the offense of facilitating theft of 
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on-line services
who knowingly:

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        (1) makes, obtains, possesses, or uses a computer or 
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    other electronic
device, or computer software with the 
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    capability to gain unauthorized access to
a commercial or 
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    non-commercial on-line service or computerized web 
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    intended to
gather and disseminate information by 
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    electronic means, and uses the electronic
machinery or 
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    computer software in his or her possession or use to gain

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    unauthorized access to an on-line service or information 
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    web; or

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        (2) sells, distributes, gives, or otherwise transfers 
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    to another, or
offers, promotes, or advertises a computer 
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    or electronic device or computer
software with the 
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    capability to gain unauthorized access to a commercial or

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    non-commercial on-line service or computerized web 
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    intended to gather and
disseminate information by 
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    electronic means, under circumstances evidencing an
intent 
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    to use or employ these items, or to allow them to be used 
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    or
employed, for the purpose of gaining unauthorized access 
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    to a commercial or
non-commercial on-line service or 
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    computerized web intended to gather and
disseminate 
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    information by electronic means.

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    (b) Sentence.  Facilitating theft of on-line services is a 
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Class A
misdemeanor when the aggregate value of service 
 


 






HB6877
- 2 -
LRB093 17969 RLC 43652 b




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obtained is less than $300 and
a Class 4 felony when the 
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aggregate value of service obtained is $300 or more.
For a 
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second or subsequent offense, or if the person convicted of the 
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offense
has been previously convicted of any similar crime in 
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this or any other state
or federal jurisdiction, facilitating 
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theft of on-line services is a Class 2
felony.