Full Text of SB3359 96th General Assembly
SB3359ham001 96TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 4/15/2010
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| AMENDMENT TO SENATE BILL 3359
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| AMENDMENT NO. ______. Amend Senate Bill 3359 on page 1, by | 3 |
| replacing lines 4 and 5 with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 12-7.5 and by adding Section 12-10.3 as | 6 |
| follows: | 7 |
| (720 ILCS 5/12-7.5) | 8 |
| Sec. 12-7.5. Cyberstalking. | 9 |
| (a) A person commits cyberstalking when he or she engages | 10 |
| in a course of conduct using electronic communication directed | 11 |
| at a specific person, and he or she knows or should know that | 12 |
| would cause a reasonable person to: | 13 |
| (1) fear for his or her safety or the safety of a third | 14 |
| person; or | 15 |
| (2) suffer other emotional distress. | 16 |
| (a-3) A person commits cyberstalking when he or she, |
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| knowingly and without
lawful justification, on at least 2 | 2 |
| separate occasions, harasses another person
through the use of | 3 |
| electronic communication and: | 4 |
| (1) at any time transmits a threat of immediate or | 5 |
| future bodily harm,
sexual assault, confinement, or | 6 |
| restraint and the threat is directed towards
that person or | 7 |
| a family member of that person; or | 8 |
| (2) places that person or a family member of that | 9 |
| person in reasonable
apprehension of immediate or future | 10 |
| bodily harm, sexual assault, confinement,
or restraint; or | 11 |
| (3) at any time knowingly solicits the commission of an | 12 |
| act by any person which would be a violation of this Code | 13 |
| directed towards that person or a family member of that | 14 |
| person. | 15 |
| (a-5) A person commits cyberstalking when he or she, | 16 |
| knowingly and without lawful justification, creates and | 17 |
| maintains an Internet website or webpage which is accessible to | 18 |
| one or more third parties for a period of at least 24 hours, | 19 |
| and which contains statements harassing another person and: | 20 |
| (1) which communicates a threat of immediate or future | 21 |
| bodily harm, sexual assault, confinement, or restraint, | 22 |
| where the threat is directed towards that person or a | 23 |
| family member of that person, or | 24 |
| (2) which places that person or a family member of that | 25 |
| person in reasonable apprehension of immediate or future | 26 |
| bodily harm, sexual assault, confinement, or restraint, or |
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| (3) which knowingly solicits the commission of an act | 2 |
| by any person which would be a violation of this Code | 3 |
| directed towards that person or a family member of that | 4 |
| person. | 5 |
| (b) Sentence. Cyberstalking is a Class 4 felony. A second | 6 |
| or subsequent
conviction for cyberstalking is a Class 3 felony. | 7 |
| (c) For purposes of this Section: | 8 |
| (1) "Course of conduct" means 2 or more acts, including | 9 |
| but not limited to acts in which a defendant directly, | 10 |
| indirectly, or through third parties, by any action, | 11 |
| method, device, or means follows, monitors, observes, | 12 |
| surveils, threatens, or communicates to or about, a person, | 13 |
| engages in other non-consensual contact, or interferes | 14 |
| with or damages a person's property or pet. The | 15 |
| incarceration in a penal institution of a person who | 16 |
| commits the course of conduct is not a bar to prosecution | 17 |
| under this Section. | 18 |
| (2) "Electronic communication" means any transfer of | 19 |
| signs, signals, writings, sounds, data, or intelligence of | 20 |
| any nature transmitted in whole or in part by a wire, | 21 |
| radio, electromagnetic, photoelectric, or photo-optical | 22 |
| system. "Electronic communication" includes transmissions | 23 |
| through an electronic device including, but not limited to, | 24 |
| a telephone, cellular phone, computer, or pager, which | 25 |
| communication includes, but is not limited to, e-mail, | 26 |
| instant message, text message, or voice mail by a computer |
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| through the Internet to another computer . | 2 |
| (3) "Emotional distress" means significant mental | 3 |
| suffering, anxiety or alarm. | 4 |
| (4) "Harass"
means to engage in a knowing and willful | 5 |
| course of conduct directed at a
specific person
that | 6 |
| alarms, torments, or terrorizes that person. | 7 |
| (5) "Non-consensual contact" means any contact with | 8 |
| the victim that is initiated or continued without the | 9 |
| victim's consent, including but not limited to being in the | 10 |
| physical presence of the victim; appearing within the sight | 11 |
| of the victim; approaching or confronting the victim in a | 12 |
| public place or on private property; appearing at the | 13 |
| workplace or residence of the victim; entering onto or | 14 |
| remaining on property owned, leased, or occupied by the | 15 |
| victim; or placing an object on, or delivering an object | 16 |
| to, property owned, leased, or occupied by the victim. | 17 |
| (6) "Reasonable person" means a person in the victim's | 18 |
| circumstances, with the victim's knowledge of the | 19 |
| defendant and the defendant's prior acts. | 20 |
| (7) "Third party" means any person other than the | 21 |
| person violating these provisions and the person or persons | 22 |
| towards whom the violator's actions are directed. | 23 |
| (d) Telecommunications carriers, commercial mobile service | 24 |
| providers, and providers of information services, including, | 25 |
| but not limited to, Internet service providers and hosting | 26 |
| service providers, are not liable under this Section, except |
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| for willful and wanton misconduct, by virtue of the | 2 |
| transmission, storage, or caching of electronic communications | 3 |
| or messages of others or by virtue of the provision of other | 4 |
| related telecommunications, commercial mobile services, or | 5 |
| information services used by others in violation of this | 6 |
| Section. | 7 |
| (Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09; | 8 |
| 96-686, eff. 1-1-10; revised 10-20-09.)"; and | 9 |
| on page 1, by inserting immediately below line 21 the | 10 |
| following: | 11 |
| "Section 10. The Harassing and Obscene Communications Act | 12 |
| is amended by changing Section 1-2 as follows: | 13 |
| (720 ILCS 135/1-2) | 14 |
| Sec. 1-2. Harassment through electronic communications. | 15 |
| (a) Harassment through electronic communications is the | 16 |
| use of electronic
communication for any of the following | 17 |
| purposes: | 18 |
| (1) Making any comment, request, suggestion or | 19 |
| proposal which is obscene
with an intent to offend; | 20 |
| (1.5) Transmitting an electronic communication which | 21 |
| is obscene with an intent to offend that is motivated by | 22 |
| the actual or perceived race, color, creed, religion, | 23 |
| ancestry, gender, sexual orientation, physical or mental |
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| disability, or national origin of another individual or | 2 |
| group of individuals, or other distinguishing personal | 3 |
| characteristics; | 4 |
| (2) Interrupting, with the intent to harass, the | 5 |
| telephone service or the
electronic communication service | 6 |
| of any person; | 7 |
| (3) Transmitting to any person, with the intent to | 8 |
| harass and regardless
of whether the communication is read | 9 |
| in its entirety or at all, any file,
document, or other | 10 |
| communication which prevents that person from using his or
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| her telephone service or electronic communications device; | 12 |
| (3.1) Transmitting an electronic communication or | 13 |
| knowingly inducing a
person to transmit an electronic | 14 |
| communication for the purpose of harassing
another person | 15 |
| who is under 13 years of age, regardless of whether the | 16 |
| person
under 13 years of age consents to the harassment, if | 17 |
| the defendant is at least
16 years of age at the time of | 18 |
| the commission of the offense; | 19 |
| (4) Threatening injury to the person or to the property | 20 |
| of the person to
whom an electronic communication is | 21 |
| directed or to any of his or her family or
household | 22 |
| members; or | 23 |
| (5) Knowingly permitting any electronic communications | 24 |
| device to be used
for any of the purposes mentioned in this | 25 |
| subsection (a). | 26 |
| (b) As used in this Act: |
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| (1) "Electronic communication" means any transfer of | 2 |
| signs, signals,
writings, images, sounds, data or | 3 |
| intelligence of any nature transmitted in
whole or in part | 4 |
| by a wire, radio, electromagnetic, photoelectric or
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| photo-optical system. "Electronic communication" includes | 6 |
| transmissions through an electronic device including, but | 7 |
| not limited to, a telephone, cellular phone, computer, or | 8 |
| pager, which communication includes, but is not limited to, | 9 |
| e-mail, instant message, text message, or voice mail by a | 10 |
| computer through the Internet to another computer . | 11 |
| (2) "Family or household member" includes spouses, | 12 |
| former spouses,
parents,
children, stepchildren and other | 13 |
| persons related by blood or by present or
prior
marriage, | 14 |
| persons who share or formerly shared a common dwelling, | 15 |
| persons who
have or allegedly share a blood relationship | 16 |
| through a child, persons who have
or have had a dating or | 17 |
| engagement relationship, and persons with disabilities
and | 18 |
| their personal assistants. For purposes of this Act, | 19 |
| neither a casual
acquaintanceship nor ordinary | 20 |
| fraternization between 2 individuals in
business or social | 21 |
| contexts shall be deemed to constitute a dating
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| relationship. | 23 |
| (c) Telecommunications carriers, commercial mobile service | 24 |
| providers, and providers of information services, including, | 25 |
| but not limited to, Internet service providers and hosting | 26 |
| service providers, are not liable under this Section, except |
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09600SB3359ham001 |
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LRB096 20511 RLC 40055 a |
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| for willful and wanton misconduct, by virtue of the | 2 |
| transmission, storage, or caching of electronic communications | 3 |
| or messages of others or by virtue of the provision of other | 4 |
| related telecommunications, commercial mobile services, or | 5 |
| information services used by others in violation of this | 6 |
| Section. | 7 |
| (Source: P.A. 95-849, eff. 1-1-09; 95-984, eff. 6-1-09; 96-328, | 8 |
| eff. 8-11-09.)".
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