93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2822


 
Introduced 2/5/2004, by Richard J. Winkel Jr.
 
SYNOPSIS AS INTRODUCED:
 		













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







    Amends the Criminal Code of 1961 relating to the offense of computer
tampering.
Increases the penalties for the offense of computer tampering by accessing a
computer
and damaging or destroying the computer or altering, deleting, or
removing a computer program or data; or by inserting or attempting to
insert a program into a computer knowing or having reason to believe
that the program contains information or commands that will or may
damage or destroy a computer, or that will or may alter, delete, or remove a
computer program or data from a computer.
















LRB093 20781 RLC 46692 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2822

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    AN ACT in relation to 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 changing

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Section 16D-3 as follows:


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

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    Sec. 16D-3. Computer Tampering.


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

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the authority granted to him:


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


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


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

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    part thereof, or a program or data, and damages or destroys 
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    the computer or
alters, deletes or removes a computer 
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    program or data;


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

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

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


 


 






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        (5) Falsifies or forges electronic mail transmission 
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    information or
other
routing information in any manner in 
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    connection with the transmission of
unsolicited bulk 
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    electronic mail through or into the computer network of an

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    electronic mail service provider or its subscribers;


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    (a-5) It shall be unlawful for any person knowingly to 
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sell, give, or
otherwise
distribute or possess with the intent 
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to sell, give, or distribute software
which
(1) is primarily 
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designed or produced for the purpose of facilitating or

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


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    (b) Sentence.


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        (1) A person who commits the offense of computer

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


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


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        (3) A person who commits the offense of computer 
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    tampering as set forth
in subsection (a)(3) or subsection 
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    (a)(4) of this Section, if the amount of
damage caused does 
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    not exceed $10,000, shall
be guilty of a Class 4 felony
and 
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    a Class 3 felony for the second or subsequent offense.
A 
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    person who commits the offense of computer tampering as set 
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    forth in
subsection (a)(3) or subsection (a)(4) of this 
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    Section, if the amount of damage
caused is
over $10,000 but 
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    does not exceed $50,000, shall be guilty of a Class 3 
 


 






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    felony
for the first
offense and a Class 2 felony for the 
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    second or subsequent offense. A person who
commits the 
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    offense of computer tampering as set forth in subsection 
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    (a)(3) or
subsection
(a)(4) of this Section, if the amount 
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    of damage caused is over $50,000 but does
not
exceed 
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    $100,000, shall be guilty of a Class 2 felony for the first 
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    offense and
a Class 1
felony for the second or subsequent 
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    offense. A person who commits the
offense of
computer 
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    tampering as set forth in subsection (a)(3) or subsection 
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    (a)(4) of
this Section,
if the amount of damage caused is 
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    over $100,000, shall be guilty of a Class 1
felony for
the 
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    first offense and a Class X felony for the second or 
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    subsequent offense.


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        (4) If the injury arises from the transmission of 
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    unsolicited bulk
electronic
mail, the injured person, 
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    other than an electronic mail service
provider, may also 
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    recover attorney's fees and costs, and may elect, in lieu 
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    of
actual damages, to recover the lesser of $10 for each 
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    and every unsolicited
bulk electronic mail message 
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    transmitted in violation of this Section, or
$25,000 per 
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    day.  The injured person shall not have a cause of action

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    against the electronic mail service provider that merely 
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    transmits the
unsolicited bulk electronic mail over its 
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    computer network.


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        (5) If the injury arises from the transmission of 
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    unsolicited bulk
electronic
mail,
an injured electronic 
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    mail service provider may also recover
attorney's fees and 
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    costs, and may elect, in lieu of actual damages, to recover

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    the greater of $10 for each and every unsolicited 
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    electronic mail
advertisement transmitted in violation of 
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    this Section, or $25,000 per day.


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


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    (c) Whoever suffers loss by reason of a violation of 
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subsection (a)(4)
of this Section may, in a civil action 
 


 






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against the violator, obtain
appropriate relief.  In
a civil 
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action under this Section, the court may award to the 
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prevailing
party reasonable attorney's fees and other 
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litigation expenses.


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(Source: P.A. 91-233, eff. 1-1-00.)