| |||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Sections 17-51 and 17-55 as follows:
| ||||||
6 | (720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
| ||||||
7 | Sec. 17-51. Computer tampering.
| ||||||
8 | (a) A person commits
computer tampering when he or she | ||||||
9 | knowingly and without the authorization of a
computer's owner | ||||||
10 | or in excess of
the authority granted to him or her:
| ||||||
11 | (1) Accesses or causes to be accessed a computer or any | ||||||
12 | part thereof, a computer network, or
a program or data;
| ||||||
13 | (2) Accesses or causes to be accessed a computer or any | ||||||
14 | part thereof, a computer network, or
a program or data, and | ||||||
15 | obtains data or services;
| ||||||
16 | (3) Accesses or causes to be accessed a computer or any
| ||||||
17 | part thereof, a computer network, or a program or data, and | ||||||
18 | damages or destroys the computer or
alters, deletes, or | ||||||
19 | removes a computer program or data;
| ||||||
20 | (4) Inserts or attempts to insert a program into a | ||||||
21 | computer or
computer program knowing or having reason to | ||||||
22 | know that such program contains
information or commands | ||||||
23 | that will or may: |
| |||||||
| |||||||
1 | (A) damage or destroy that computer,
or any other | ||||||
2 | computer subsequently accessing or being accessed by | ||||||
3 | that
computer; | ||||||
4 | (B) alter, delete, or remove a computer program or
| ||||||
5 | data from that computer, or any other computer program | ||||||
6 | or data in a
computer subsequently accessing or being | ||||||
7 | accessed by that computer; or | ||||||
8 | (C) cause loss to the users of that computer or the | ||||||
9 | users of a
computer which accesses or which is accessed | ||||||
10 | by such program; or
| ||||||
11 | (5) Falsifies or forges electronic mail transmission | ||||||
12 | information or
other
routing information in any manner in | ||||||
13 | connection with the transmission of
unsolicited bulk | ||||||
14 | electronic mail through or into the computer network of an
| ||||||
15 | electronic mail service provider or its subscribers.
| ||||||
16 | (a-1) A person commits
computer tampering when he or she | ||||||
17 | knowingly and without the authorization of an account holder or | ||||||
18 | in excess
of the authority granted to him or to her: | ||||||
19 | (1) accesses or causes to be accessed by any means an
| ||||||
20 | electronic mail (e-mail), instant messaging, or social
| ||||||
21 | networking website account; | ||||||
22 | (2) accesses or causes to be accessed by any means an
| ||||||
23 | electronic mail (e-mail), instant messaging, or social
| ||||||
24 | networking website account, and views the content of an
| ||||||
25 | electronic communication; or | ||||||
26 | (3) accesses or causes to be accessed by any means a
|
| |||||||
| |||||||
1 | computer or any part thereof, a computer network,
| ||||||
2 | electronic mail (e-mail), instant messaging, or social
| ||||||
3 | networking website account, and: | ||||||
4 | (A) deletes an electronic communication; | ||||||
5 | (B) transmits an electronic communication | ||||||
6 | purporting
to be the account holder; or | ||||||
7 | (C) changes the password for the account; | ||||||
8 | (4) accesses or causes to be accessed by any means a | ||||||
9 | social
networking website account, and: | ||||||
10 | (A) alters the privacy settings for the account
| ||||||
11 | holder's account; or | ||||||
12 | (B) gives himself, herself, or another access to | ||||||
13 | view private
content on the account holder's social | ||||||
14 | networking
website account; or | ||||||
15 | (5) accesses or causes to be accessed by any means a
| ||||||
16 | computer or any part thereof, a computer network,
| ||||||
17 | electronic mail (e-mail) account, instant messaging
| ||||||
18 | account, social networking website account and
adds, | ||||||
19 | deletes, or alters content. | ||||||
20 | (a-5) Distributing software to falsify routing | ||||||
21 | information. It is unlawful for any person knowingly to sell, | ||||||
22 | give, or
otherwise
distribute or possess with the intent to | ||||||
23 | sell, give, or distribute software
which:
| ||||||
24 | (1) is primarily designed or produced for the purpose | ||||||
25 | of facilitating or
enabling the falsification of | ||||||
26 | electronic mail transmission information or
other routing |
| |||||||
| |||||||
1 | information; | ||||||
2 | (2) has only a limited commercially significant
| ||||||
3 | purpose or use other than to facilitate or enable the | ||||||
4 | falsification of
electronic
mail transmission information | ||||||
5 | or other routing information; or | ||||||
6 | (3) is
marketed by that person or another acting in | ||||||
7 | concert with that person with
that person's knowledge for | ||||||
8 | use in facilitating or enabling the falsification
of
| ||||||
9 | electronic mail transmission information or other routing | ||||||
10 | information.
| ||||||
11 | (a-10) For purposes of subsection (a), accessing a computer | ||||||
12 | network is deemed to be with the authorization of a
computer's | ||||||
13 | owner if: | ||||||
14 | (1) the owner authorizes patrons, customers, or guests | ||||||
15 | to access the computer network and the person accessing the | ||||||
16 | computer network is an authorized patron, customer, or | ||||||
17 | guest and complies with all terms or conditions for use of | ||||||
18 | the computer network that are imposed by the owner; or | ||||||
19 | (2) the owner authorizes the public to access the | ||||||
20 | computer network and the person accessing the computer | ||||||
21 | network complies with all terms or conditions for use of | ||||||
22 | the computer network that are imposed by the owner.
| ||||||
23 | (b) Sentence.
| ||||||
24 | (1) A person who commits computer
tampering as set | ||||||
25 | forth in subdivision (a)(1) or (a)(5) or subsection (a-5) | ||||||
26 | of this
Section is guilty
of a Class B misdemeanor.
|
| |||||||
| |||||||
1 | (2) A person who commits computer tampering as set | ||||||
2 | forth
in subdivision (a)(2) of this Section is guilty of a | ||||||
3 | Class A misdemeanor
and a Class 4 felony for the second or | ||||||
4 | subsequent offense.
| ||||||
5 | (3) A person who commits computer tampering as set | ||||||
6 | forth
in subdivision (a)(3) or (a)(4) of this Section is | ||||||
7 | guilty of a Class 4 felony
and a Class 3 felony for the | ||||||
8 | second or subsequent offense.
| ||||||
9 | (3.1) A person who commits computer tampering as set | ||||||
10 | forth
in subdivision (a-1)(1) of this Section is guilty of | ||||||
11 | a Class B misdemeanor for which
the court shall impose a | ||||||
12 | minimum fine of $500 or, if public or
community service is | ||||||
13 | established in the county in which the
offender was | ||||||
14 | convicted, 30 hours of public or community
service. | ||||||
15 | (3.2) A person who commits computer tampering as set | ||||||
16 | forth
in subdivision (a-1)(2) or (a-1)(4) of this Section | ||||||
17 | is guilty of a Class A misdemeanor for a first violation | ||||||
18 | for which the court shall impose a minimum fine of $1,000 | ||||||
19 | or,
if public or community service is established in the | ||||||
20 | county in
which the offender was convicted, 80 hours of | ||||||
21 | public or
community service and a Class 4 felony for a | ||||||
22 | second or subsequent
violation. | ||||||
23 | (3.3) A person who commits computer tampering as set | ||||||
24 | forth
in subdivision (a-1)(3) or (a-1)(5) of this Section | ||||||
25 | is guilty of a Class 4 felony.
| ||||||
26 | (4) If an injury arises from the transmission of |
| |||||||
| |||||||
1 | unsolicited bulk
electronic
mail, the injured person, | ||||||
2 | other than an electronic mail service
provider, may also | ||||||
3 | recover attorney's fees and costs, and may elect, in lieu | ||||||
4 | of
actual damages, to recover the lesser of $10 for each | ||||||
5 | unsolicited
bulk electronic mail message transmitted in | ||||||
6 | violation of this Section, or
$25,000 per day. The injured | ||||||
7 | person shall not have a cause of action
against the | ||||||
8 | electronic mail service provider that merely transmits the
| ||||||
9 | unsolicited bulk electronic mail over its computer | ||||||
10 | network.
| ||||||
11 | (5) If an injury arises from the transmission of | ||||||
12 | unsolicited bulk
electronic
mail,
an injured electronic | ||||||
13 | mail service provider may also recover
attorney's fees and | ||||||
14 | costs, and may elect, in lieu of actual damages, to recover
| ||||||
15 | the greater of $10 for each unsolicited electronic mail
| ||||||
16 | advertisement transmitted in violation of this Section, or | ||||||
17 | $25,000 per day.
| ||||||
18 | (6) The provisions of this Section shall not be | ||||||
19 | construed to limit any
person's
right to pursue any | ||||||
20 | additional civil remedy otherwise allowed by law.
| ||||||
21 | (c) Whoever suffers loss by reason of a violation of | ||||||
22 | subdivision (a)(4)
of this Section may, in a civil action | ||||||
23 | against the violator, obtain
appropriate relief. In
a civil | ||||||
24 | action under this Section, the court may award to the | ||||||
25 | prevailing
party reasonable attorney's fees and other | ||||||
26 | litigation expenses.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10; | ||||||
2 | 96-1551, eff. 7-1-11.)
| ||||||
3 | (720 ILCS 5/17-55) | ||||||
4 | Sec. 17-55. Definitions. For the purposes of Sections 17-50 | ||||||
5 | through 17-53: | ||||||
6 | In addition to its meaning as defined in Section 15-1 of | ||||||
7 | this Code,
"property" means: (1) electronic impulses;
(2) | ||||||
8 | electronically produced data; (3) confidential, copyrighted, | ||||||
9 | or proprietary
information; (4) private identification codes | ||||||
10 | or numbers which permit access to
a computer by authorized | ||||||
11 | computer users or generate billings to consumers
for purchase | ||||||
12 | of goods and services, including but not limited to credit
card | ||||||
13 | transactions and telecommunications services or permit | ||||||
14 | electronic fund
transfers; (5) software or programs in either | ||||||
15 | machine or human readable
form; or (6) any other tangible or | ||||||
16 | intangible item relating to a computer
or any part thereof. | ||||||
17 | "Access" means to use, instruct, communicate with, store | ||||||
18 | data
in, retrieve or intercept data from, or otherwise utilize | ||||||
19 | any services
of, a computer, a network, or data. | ||||||
20 | "Account holder" means the person or entity to whom or
to | ||||||
21 | which an electronic mail or instant message service
account, | ||||||
22 | social networking website profile, or other
virtual identity is | ||||||
23 | registered. | ||||||
24 | "Services" includes but is not limited to computer time, | ||||||
25 | data
manipulation, or storage functions. |
| |||||||
| |||||||
1 | "Vital services or operations" means those services or | ||||||
2 | operations
required to provide, operate, maintain, and repair | ||||||
3 | network cabling,
transmission, distribution, or computer | ||||||
4 | facilities necessary to ensure or
protect the public health, | ||||||
5 | safety, or welfare. Those services or operations include, but | ||||||
6 | are not limited to, services provided by medical
personnel or | ||||||
7 | institutions, fire departments, emergency services agencies,
| ||||||
8 | national defense contractors, armed forces or militia | ||||||
9 | personnel, private
and public utility companies, or law | ||||||
10 | enforcement agencies.
| ||||||
11 | (Source: P.A. 96-1551, eff. 7-1-11.) | ||||||
12 | Section 10. The Harassing and Obscene Communications Act is | ||||||
13 | amended by changing Sections 1-2 and 2 as follows: | ||||||
14 | (720 ILCS 135/1-2) | ||||||
15 | Sec. 1-2. Harassment through electronic communications. | ||||||
16 | (a) Harassment through electronic communications is the | ||||||
17 | use of electronic
communication for any of the following | ||||||
18 | purposes: | ||||||
19 | (1) Transmitting Making any comment, request, | ||||||
20 | suggestion or proposal which is obscene
with an intent to | ||||||
21 | offend; | ||||||
22 | (2) Interrupting, with the intent to harass, the | ||||||
23 | telephone service or the
electronic communication service | ||||||
24 | of any person; |
| |||||||
| |||||||
1 | (3) Transmitting to any person, with the intent to | ||||||
2 | harass and regardless
of whether the communication is read | ||||||
3 | in its entirety or at all, any file,
document, or other | ||||||
4 | communication which prevents that person from using his or
| ||||||
5 | her telephone service or electronic communications device; | ||||||
6 | (3.1) Transmitting an electronic communication or | ||||||
7 | knowingly inducing a
person to transmit an electronic | ||||||
8 | communication for the purpose of harassing
another person | ||||||
9 | who is under 13 years of age, regardless of whether the | ||||||
10 | person
under 13 years of age consents to the harassment, if | ||||||
11 | the defendant is at least
16 years of age at the time of | ||||||
12 | the commission of the offense; | ||||||
13 | (4) Threatening injury to the person or to the property | ||||||
14 | of the person to
whom an electronic communication is | ||||||
15 | directed or to any of his or her family or
household | ||||||
16 | members; or | ||||||
17 | (4.1) Knowingly and by any means making repeated,
| ||||||
18 | unwanted, and harassing communication to another person | ||||||
19 | within one week by transmitting any comment, request, | ||||||
20 | suggestion, or proposal which is obscene with an intent to | ||||||
21 | offend; or | ||||||
22 | (5) Knowingly permitting any electronic communications | ||||||
23 | device to be used
for any of the purposes mentioned in this | ||||||
24 | subsection (a). | ||||||
25 | (b) As used in this Act: | ||||||
26 | (1) "Electronic communication" means any transfer of |
| |||||||
| |||||||
1 | signs, signals,
writings, images, sounds, data or | ||||||
2 | intelligence of any nature transmitted in
whole or in part | ||||||
3 | by a wire, radio, electromagnetic, photoelectric or
| ||||||
4 | photo-optical system. "Electronic communication" includes | ||||||
5 | transmissions through an electronic device including, but | ||||||
6 | not limited to, a telephone, cellular phone, computer, or | ||||||
7 | pager, which communication includes, but is not limited to, | ||||||
8 | e-mail, instant message, text message, or voice mail. | ||||||
9 | (2) "Family or household member" includes spouses, | ||||||
10 | former spouses,
parents,
children, stepchildren and other | ||||||
11 | persons related by blood or by present or
prior
marriage, | ||||||
12 | persons who share or formerly shared a common dwelling, | ||||||
13 | persons who
have or allegedly share a blood relationship | ||||||
14 | through a child, persons who have
or have had a dating or | ||||||
15 | engagement relationship, and persons with disabilities
and | ||||||
16 | their personal assistants. For purposes of this Act, | ||||||
17 | neither a casual
acquaintanceship nor ordinary | ||||||
18 | fraternization between 2 individuals in
business or social | ||||||
19 | contexts shall be deemed to constitute a dating
| ||||||
20 | relationship. | ||||||
21 | (c) Telecommunications carriers, commercial mobile service | ||||||
22 | providers, and providers of information services, including, | ||||||
23 | but not limited to, Internet service providers and hosting | ||||||
24 | service providers, are not liable under this Section, except | ||||||
25 | for willful and wanton misconduct, by virtue of the | ||||||
26 | transmission, storage, or caching of electronic communications |
| |||||||
| |||||||
1 | or messages of others or by virtue of the provision of other | ||||||
2 | related telecommunications, commercial mobile services, or | ||||||
3 | information services used by others in violation of this | ||||||
4 | Section. | ||||||
5 | (Source: P.A. 96-328, eff. 8-11-09; 97-303, eff. 8-11-11.)
| ||||||
6 | (720 ILCS 135/2) (from Ch. 134, par. 16.5)
| ||||||
7 | Sec. 2. Sentence.
| ||||||
8 | (a) Except as provided in
subsection (b), a
person who | ||||||
9 | violates any of the provisions of
Section 1, 1-1, or 1-2 , other | ||||||
10 | than paragraph (4.1) of subsection (a) of Section 1-2, of this | ||||||
11 | Act
is guilty of a Class B misdemeanor.
Except as provided
in | ||||||
12 | subsection (b), a violation of paragraph (4.1) of subsection | ||||||
13 | (a) of Section 1-2 is a Class A misdemeanor. Except as provided | ||||||
14 | in
subsection (b), a second or subsequent
violation of Section | ||||||
15 | 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which | ||||||
16 | the
court
shall impose a minimum of 14 days in
jail or, if | ||||||
17 | public or
community service is established in the county in | ||||||
18 | which the offender was
convicted, 240 hours of public or | ||||||
19 | community service.
| ||||||
20 | (b) In any of the following circumstances, a person who | ||||||
21 | violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | ||||||
22 | a Class 4 felony:
| ||||||
23 | (1) The person has 3 or more prior violations in the | ||||||
24 | last 10 years of
harassment
by
telephone under Section 1-1 | ||||||
25 | of this Act, harassment through electronic
communications |
| |||||||
| |||||||
1 | under Section 1-2 of this Act, or any similar offense of | ||||||
2 | any
state;
| ||||||
3 | (2) The person has previously violated the harassment | ||||||
4 | by telephone
provisions of Section 1-1 of this Act or the | ||||||
5 | harassment through electronic
communications provisions of | ||||||
6 | Section 1-2 of this Act or committed any similar
offense in | ||||||
7 | any state with the same victim or a member of the victim's | ||||||
8 | family or
household;
| ||||||
9 | (3) At the time of the offense, the offender was under | ||||||
10 | conditions of bail,
probation, mandatory supervised | ||||||
11 | release or was the subject of an order of
protection, in | ||||||
12 | this or any other state, prohibiting contact with the | ||||||
13 | victim or
any member of the victim's family or household;
| ||||||
14 | (4) In the course of the offense, the offender | ||||||
15 | threatened to kill the
victim or any member of the victim's | ||||||
16 | family or household;
| ||||||
17 | (5) The person has been convicted in the last 10 years | ||||||
18 | of a forcible
felony
as defined in Section 2-8 of the | ||||||
19 | Criminal Code of 1961;
| ||||||
20 | (6) The person violates paragraph (4.1) of Section 1-1 | ||||||
21 | or paragraph
(3.1) of subsection (a) of Section 1-2; or | ||||||
22 | (7) The person was at least 18 years of age at the time | ||||||
23 | of the commission of the offense and the victim was under | ||||||
24 | 18 years of age at the time of the commission of the | ||||||
25 | offense.
| ||||||
26 | (Source: P.A. 95-984, eff. 6-1-09 .)
|