Full Text of HB4755 95th General Assembly
HB4755 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4755
Introduced , by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
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720 ILCS 135/1-2.5 new |
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720 ILCS 135/2 |
from Ch. 134, par. 16.5 |
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Amends the Harassing and Obscene Communications Act. Creates the offense of harassment by Internet. Prohibits various forms of obscene, lewd, lascivious, filthy, or indecent communications with the intent to offend by use of the Internet or any abusive, threatening, or harassing communications by use of the Internet. Establishes penalties.
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A BILL FOR
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HB4755 |
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LRB095 14848 RLC 40788 b |
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| AN ACT concerning 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 Harassing and Obscene Communications Act is | 5 |
| amended by changing Section 2 and by adding Section 1-2.5 as | 6 |
| follows: | 7 |
| (720 ILCS 135/1-2.5 new) | 8 |
| Sec. 1-2.5. Harassment by Internet. | 9 |
| (a) Harassment by Internet is use of Internet communication | 10 |
| for any of the following purposes: | 11 |
| (1) making by spoken or written word any comment, | 12 |
| request, suggestion, or
proposal which is obscene, lewd, | 13 |
| lascivious, filthy, or indecent with an intent to offend; | 14 |
| or | 15 |
| (2) making an Internet communication, whether or not
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| conversation ensues, with intent to abuse, threaten, or | 17 |
| harass any person; or | 18 |
| (3) making or causing the Internet or its services | 19 |
| repeatedly to accept messages, with intent to harass any | 20 |
| person; or | 21 |
| (4) sending repeated Internet messages, during which
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| conversation ensues, solely to harass any person; or | 23 |
| (5) making an Internet communication or knowingly |
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HB4755 |
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LRB095 14848 RLC 40788 b |
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| inducing
a person to make an Internet communication for the | 2 |
| purpose of harassing another person who is under 13 years | 3 |
| of age, regardless of whether the person under 13 years of | 4 |
| age consents to the harassment, if the defendant is at | 5 |
| least 16 years of age at the time of the commission of the | 6 |
| offense; or | 7 |
| (6) knowingly permitting any Internet access under | 8 |
| one's
control to be used for any of the purposes mentioned
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| in this Section. | 10 |
| (b) For purposes of this Section, "Internet" means an | 11 |
| interactive computer service or
system or an information | 12 |
| service, system, or access
software provider that provides or | 13 |
| enables computer access
by multiple users to a computer server, | 14 |
| and includes, but
is not limited to, an information service, | 15 |
| system, or
access software provider that provides access to a | 16 |
| network
system commonly known as the Internet, or any | 17 |
| comparable
system or service and also includes, but is not | 18 |
| limited to,
a World Wide Web page, newsgroup, message board, | 19 |
| mailing
list, chat area, or social networking website on any | 20 |
| interactive computer service or
system or other online service.
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| (720 ILCS 135/2) (from Ch. 134, par. 16.5)
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| Sec. 2. Sentence.
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| (a) Except as provided in
subsection (b), a
person who | 24 |
| violates any of the provisions of
Section 1, 1-1, or 1-2 , or | 25 |
| 1-2.5 of this Act
is guilty of a Class B misdemeanor.
Except as |
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HB4755 |
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LRB095 14848 RLC 40788 b |
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| provided
in subsection (b), a second or subsequent
violation of | 2 |
| Section 1, 1-1, or 1-2 , or 1-2.5 of this
Act is a Class A
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| misdemeanor, for which the
court
shall impose a minimum of 14 | 4 |
| days in
jail or, if public or
community service is established | 5 |
| in the county in which the offender was
convicted, 240 hours of | 6 |
| public or community service.
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| (b) In any of the following circumstances, a person who | 8 |
| violates Section 1,
1-1, or
1-2 , or 1-2.5 of this Act shall be | 9 |
| guilty of a Class 4 felony:
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| (1) The person has 3 or more prior violations in the | 11 |
| last 10 years of
harassment
by
telephone under Section 1-1 | 12 |
| of this Act, harassment through electronic
communications | 13 |
| under Section 1-2 of this Act, harassment by Internet under | 14 |
| Section 1-2.5 of this Act, or any similar offense of any
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| state;
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| (2) The person has previously violated the harassment | 17 |
| by telephone
provisions of Section 1-1 of this Act or the | 18 |
| harassment through electronic
communications provisions of | 19 |
| Section 1-2 of this Act or harassment by Internet under | 20 |
| Section 1-2.5 of this Act, or committed any similar
offense | 21 |
| in any state with the same victim or a member of the | 22 |
| victim's family or
household;
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| (3) At the time of the offense, the offender was under | 24 |
| conditions of bail,
probation, mandatory supervised | 25 |
| release or was the subject of an order of
protection, in | 26 |
| this or any other state, prohibiting contact with the |
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LRB095 14848 RLC 40788 b |
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| victim or
any member of the victim's family or household;
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| (4) In the course of the offense, the offender | 3 |
| threatened to kill the
victim or any member of the victim's | 4 |
| family or household;
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| (5) The person has been convicted in the last 10 years | 6 |
| of a forcible
felony
as defined in Section 2-8 of the | 7 |
| Criminal Code of 1961; or
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| (6) The person violates paragraph (4.1) of Section 1-1 | 9 |
| or paragraph
(3.1) of subsection (a) of Section 1-2 or | 10 |
| paragraph (5) of subsection (a) of Section 1-2.5 .
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| (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
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