Full Text of HB1281 98th General Assembly
HB1281 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1281 Introduced , by Rep. Darlene J. Senger SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/17-51 | was 720 ILCS 5/16D-3 | 720 ILCS 5/17-55 | | 720 ILCS 5/26.5-3 | | 720 ILCS 5/26.5-5 | |
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Amends the Criminal Code of 2012 relating to computer tampering. In addition to other elements of the offense, provides that a person commits the offense when he or she knowingly and without the authorization of an account holder or in excess
of the authority granted to him or to her accesses or causes to be accessed by any means an
e-mail, instant messaging, or social
networking website account. Defines "account holder". Establishes penalties. Includes in the offense of harassment through electronic communications, knowingly and by any means making repeated,
unwanted, and harassing communication to another person.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 2012 is amended by changing | 5 | | Sections 17-51, 17-55, 26.5-3 and 26.5-5 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: |
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| 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
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| 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 |
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| 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.
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| 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 |
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| 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.
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| 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. |
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| 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 | | (720 ILCS 5/26.5-3) | 13 | | Sec. 26.5-3. Harassment through electronic communications. | 14 | | (a) A person commits harassment through electronic
| 15 | | communications when he or she uses electronic
communication for | 16 | | any of the following purposes: | 17 | | (1) Transmitting Making any comment, request, | 18 | | suggestion or proposal which is obscene
with an intent to | 19 | | offend; | 20 | | (2) Interrupting, with the intent to harass, the | 21 | | telephone service or the
electronic communication service | 22 | | of any person; | 23 | | (3) Transmitting to any person, with the intent to | 24 | | harass and regardless
of whether the communication is read | 25 | | in its entirety or at all, any file,
document, or other |
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| 1 | | communication which prevents that person from using his or
| 2 | | her telephone service or electronic communications device; | 3 | | (4) Transmitting an electronic communication or | 4 | | knowingly inducing a
person to transmit an electronic | 5 | | communication for the purpose of harassing
another person | 6 | | who is under 13 years of age, regardless of whether the | 7 | | person
under 13 years of age consents to the harassment, if | 8 | | the defendant is at least
16 years of age at the time of | 9 | | the commission of the offense; | 10 | | (4.1) Knowingly and by any means making repeated,
| 11 | | unwanted, and harassing communication to another person | 12 | | within one week by transmitting any comment, request, | 13 | | suggestion, or proposal which is obscene with an intent to | 14 | | offend; | 15 | | (5) Threatening injury to the person or to the property | 16 | | of the person to
whom an electronic communication is | 17 | | directed or to any of his or her family or
household | 18 | | members; or | 19 | | (6) Knowingly permitting any electronic communications | 20 | | device to be used
for any of the purposes mentioned in this | 21 | | subsection (a). | 22 | | (b) Telecommunications carriers, commercial mobile service | 23 | | providers, and providers of information services, including, | 24 | | but not limited to, Internet service providers and hosting | 25 | | service providers, are not liable under this Section, except | 26 | | for willful and wanton misconduct, by virtue of the |
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| 1 | | transmission, storage, or caching of electronic communications | 2 | | or messages of others or by virtue of the provision of other | 3 | | related telecommunications, commercial mobile services, or | 4 | | information services used by others in violation of this | 5 | | Section.
| 6 | | (Source: P.A. 97-1108, eff. 1-1-13.) | 7 | | (720 ILCS 5/26.5-5) | 8 | | Sec. 26.5-5. Sentence. | 9 | | (a) Except as provided in
subsection (b), a
person who | 10 | | violates any of the provisions of
Section 26.5-1, 26.5-2, or | 11 | | 26.5-3 , other than paragraph (4.1) of subsection (a) of Section | 12 | | 26.5-3, of this Article
is guilty of a Class B misdemeanor.
| 13 | | Except as provided
in subsection (b), a violation of paragraph | 14 | | (4.1) of subsection (a) of Section 26.5-3 is a Class A | 15 | | misdemeanor. Except as provided in
subsection (b), a second or | 16 | | subsequent
violation of Section 26.5-1, 26.5-2, or 26.5-3 of | 17 | | this
Article is a Class A
misdemeanor, for which the
court
| 18 | | shall impose a minimum of 14 days in
jail or, if public or
| 19 | | community service is established in the county in which the | 20 | | offender was
convicted, 240 hours of public or community | 21 | | service. | 22 | | (b) In any of the following circumstances, a person who | 23 | | violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | 24 | | shall be guilty of a Class 4 felony: | 25 | | (1) The person has 3 or more prior violations in the |
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| 1 | | last 10 years of
harassment
by
telephone, harassment | 2 | | through electronic
communications, or any similar offense | 3 | | of any
other state; | 4 | | (2) The person has previously violated the harassment | 5 | | by telephone
provisions, or the harassment through | 6 | | electronic
communications provisions, or committed any | 7 | | similar
offense in any other state with the same victim or | 8 | | a member of the victim's family or
household; | 9 | | (3) At the time of the offense, the offender was under | 10 | | conditions of bail,
probation, conditional discharge, | 11 | | mandatory supervised release or was the subject of an order | 12 | | of
protection, in this or any other state, prohibiting | 13 | | contact with the victim or
any member of the victim's | 14 | | family or household; | 15 | | (4) In the course of the offense, the offender | 16 | | threatened to kill the
victim or any member of the victim's | 17 | | family or household; | 18 | | (5) The person has been convicted in the last 10 years | 19 | | of a forcible
felony
as defined in Section 2-8 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012 ; | 21 | | (6) The person violates paragraph (5) of Section 26.5-2 | 22 | | or paragraph
(4) of Section 26.5-3; or | 23 | | (7) The person was at least 18 years of age at the time | 24 | | of the commission of the offense and the victim was under | 25 | | 18 years of age at the time of the commission of the | 26 | | offense. |
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| 1 | | (c) The court may order any person
convicted under this | 2 | | Article to submit to a psychiatric examination.
| 3 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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