SB2822 93RD GENERAL ASSEMBLY

LRB093 20781 RLC 46692 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to 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, or a program or data;

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

(3) Accesses or causes to be accessed a computer or any part thereof, 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.

(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, if the amount of damage caused does not exceed $10,000, shall be guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense. A person who commits the offense of computer tampering as set forth in subsection (a)(3) or subsection (a)(4) of this Section, if the amount of damage caused is over $10,000 but does not exceed $50,000, shall be guilty of a Class 3 felony for the first offense and a Class 2 felony for the second or subsequent offense. A person who commits the offense of computer tampering as set forth in subsection (a)(3) or subsection (a)(4) of this Section, if the amount of damage caused is over $50,000 but does not exceed $100,000, shall be guilty of a Class 2 felony for the first offense and a Class 1 felony for the second or subsequent offense. A person who commits the offense of computer tampering as set forth in subsection (a)(3) or subsection (a)(4) of this Section, if the amount of damage caused is over $100,000, shall be guilty of a Class 1 felony for the first offense and a Class X 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.)