Full Text of HB4791 95th General Assembly
HB4791eng 95TH GENERAL ASSEMBLY
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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 Criminal Code of 1961 is amended by changing | 5 |
| Section 16D-3 as follows:
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| (720 ILCS 5/16D-3) (from Ch. 38, par. 16D-3)
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| Sec. 16D-3. Computer Tampering.
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| (a) A person commits the offense of
computer tampering when | 9 |
| he knowingly and without the authorization of a
computer's | 10 |
| owner, as defined in Section 15-2 of this Code, or in excess of
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| the authority granted to him:
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| (1) Accesses or causes to be accessed a computer or any | 13 |
| part thereof, a computer network, or
a program or data;
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| (2) Accesses or causes to be accessed a computer or any | 15 |
| part thereof, a computer network, or
a program or data, and | 16 |
| obtains data or services;
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| (3) Accesses or causes to be accessed a computer or any
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| part thereof, a computer network, or a program or data, and | 19 |
| damages or destroys the computer or
alters, deletes or | 20 |
| removes a computer program or data;
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| (4) Inserts or attempts to insert a "program" into a | 22 |
| computer or
computer program knowing or having reason to | 23 |
| believe that such "program" contains
information or |
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| commands that will or may damage or destroy that computer,
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| or any other computer subsequently accessing or being | 3 |
| accessed by that
computer, or that will or may alter, | 4 |
| delete or remove a computer program or
data from that | 5 |
| computer, or any other computer program or data in a
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| computer subsequently accessing or being accessed by that | 7 |
| computer, or that
will or may cause loss to the users of | 8 |
| that computer or the users of a
computer which accesses or | 9 |
| which is accessed by such "program";
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| (5) Falsifies or forges electronic mail transmission | 11 |
| information or
other
routing information in any manner in | 12 |
| connection with the transmission of
unsolicited bulk | 13 |
| electronic mail through or into the computer network of an
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| electronic mail service provider or its subscribers;
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| (a-5) It shall be unlawful for any person knowingly to | 16 |
| sell, give, or
otherwise
distribute or possess with the intent | 17 |
| to sell, give, or distribute software
which
(1) is primarily | 18 |
| designed or produced for the purpose of facilitating or
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| enabling the falsification of electronic mail transmission | 20 |
| information or
other routing information; (2) has only a | 21 |
| limited commercially significant
purpose or use other than to | 22 |
| facilitate or enable the falsification of
electronic
mail | 23 |
| transmission information or other routing information; or (3) | 24 |
| is
marketed by that person or another acting in concert with | 25 |
| that person with
that person's knowledge for use in | 26 |
| facilitating or enabling the falsification
of
electronic mail |
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| transmission information or other routing information.
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| (a-7) It is unlawful for any person knowingly to sell, | 3 |
| give, possess, use, or
otherwise
distribute or possess with the | 4 |
| intent to sell, give, or distribute software
that is primarily | 5 |
| designed or produced for the purpose of interfering with the | 6 |
| operations of any person or entity that sells, over the | 7 |
| Internet, tickets of
admission to a sporting event, theater, | 8 |
| musical performance, or place of public entertainment or | 9 |
| amusement of any kind by circumventing any security measures on | 10 |
| the ticket seller's website, circumventing any access control | 11 |
| systems of the ticket seller's website, or circumventing any | 12 |
| controls or measures that are instituted by the ticket seller | 13 |
| on its website to ensure an equitable ticket buying process. | 14 |
| (a-8) Telecommunications carriers, commercial mobile | 15 |
| service providers, and providers of information services, | 16 |
| including, but not limited to, Internet service providers and | 17 |
| hosting service providers, are not liable under this Section, | 18 |
| except for willful and wanton misconduct, by virtue of the | 19 |
| transmission, storage, or caching of electronic communications | 20 |
| or messages of others or by virtue of the provisions of other | 21 |
| related telecommunications, commercial mobile services, or | 22 |
| information services used by others in violation of this | 23 |
| Section. | 24 |
| (a-10) For purposes of subsection (a), accessing a computer | 25 |
| network is deemed to be with the authorization of a
computer's | 26 |
| owner if: |
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| (1) the owner authorizes patrons, customers, or guests | 2 |
| to access the computer network and the person accessing the | 3 |
| computer network is an authorized patron, customer, or | 4 |
| guest and complies with all terms or conditions for use of | 5 |
| the computer network that are imposed by the owner; or | 6 |
| (2) the owner authorizes the public to access the | 7 |
| computer network and the person accessing the computer | 8 |
| network complies with all terms or conditions for use of | 9 |
| the computer network that are imposed by the owner.
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| (b) Sentence.
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| (1) A person who commits the offense of computer
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| tampering as set forth in subsection (a)(1), (a)(5), or | 13 |
| (a-5) , or (a-7) of this
Section shall be guilty
of a Class | 14 |
| B misdemeanor.
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| (2) A person who commits the offense of computer | 16 |
| tampering as set forth
in subsection (a)(2) of this Section | 17 |
| shall be guilty of a Class A misdemeanor
and a Class 4 | 18 |
| felony for the second or subsequent offense.
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| (3) A person who commits the offense of computer | 20 |
| tampering as set forth
in subsection (a)(3) or subsection | 21 |
| (a)(4) of this Section
shall
be guilty of a Class 4 felony
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| and a Class 3 felony for the second or subsequent offense.
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| (4) If the injury arises from the transmission of | 24 |
| unsolicited bulk
electronic
mail, the injured person, | 25 |
| other than an electronic mail service
provider, may also | 26 |
| recover attorney's fees and costs, and may elect, in lieu |
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| of
actual damages, to recover the lesser of $10 for each | 2 |
| and every unsolicited
bulk electronic mail message | 3 |
| transmitted in violation of this Section, or
$25,000 per | 4 |
| day. The injured person shall not have a cause of action
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| against the electronic mail service provider that merely | 6 |
| transmits the
unsolicited bulk electronic mail over its | 7 |
| computer network.
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| (5) If the injury arises from the transmission of | 9 |
| unsolicited bulk
electronic
mail,
an injured electronic | 10 |
| mail service provider may also recover
attorney's fees and | 11 |
| costs, and may elect, in lieu of actual damages, to recover
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| the greater of $10 for each and every unsolicited | 13 |
| electronic mail
advertisement transmitted in violation of | 14 |
| this Section, or $25,000 per day.
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| (6) The provisions of this Section shall not be | 16 |
| construed to limit any
person's
right to pursue any | 17 |
| additional civil remedy otherwise allowed by law.
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| (c) Whoever suffers loss by reason of a violation of | 19 |
| subsection (a)(4)
of this Section may, in a civil action | 20 |
| against the violator, obtain
appropriate relief. In
a civil | 21 |
| action under this Section, the court may award to the | 22 |
| prevailing
party reasonable attorney's fees and other | 23 |
| litigation expenses.
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| (Source: P.A. 95-326, eff. 1-1-08.)
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