Full Text of HB5287 95th General Assembly
HB5287 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5287
Introduced , by Rep. Charles E. Jefferson SYNOPSIS AS INTRODUCED: |
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Amends the Harassing and Obscene Communications Act. Provides that harassment through electronic communications includes knowingly transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of deceiving another person who is under 18 years of age if the defendant is at least 18 years of age at the time of the commission of the offense.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5287 |
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LRB095 17293 RLC 43357 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 1-2 as follows:
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| (720 ILCS 135/1-2)
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| Sec. 1-2. Harassment through electronic communications.
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| (a) Harassment through electronic communications is the | 9 |
| use of electronic
communication for any of the following | 10 |
| purposes:
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| (1) Making any comment, request, suggestion or | 12 |
| proposal which is obscene
with an intent to offend;
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| (2) Interrupting, with the intent to harass, the | 14 |
| telephone service or the
electronic communication service | 15 |
| of any person;
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| (3) Transmitting to any person, with the intent to | 17 |
| harass and regardless
of whether the communication is read | 18 |
| in its entirety or at all, any file,
document, or other | 19 |
| communication which prevents that person from using his or
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| her telephone service or electronic communications device;
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| (3.1) Transmitting an electronic communication or | 22 |
| knowingly inducing a
person to transmit an electronic | 23 |
| communication for the purpose of harassing
another person |
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HB5287 |
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LRB095 17293 RLC 43357 b |
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| who is under 13 years of age, regardless of whether the | 2 |
| person
under 13 years of age consents to the harassment, if | 3 |
| the defendant is at least
16 years of age at the time of | 4 |
| the commission of the offense;
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| (3.2) Knowingly transmitting an electronic | 6 |
| communication or knowingly inducing a person to transmit an | 7 |
| electronic communication for the purpose of deceiving | 8 |
| another person who is under 18 years of age if the | 9 |
| defendant is at least 18 years of age at the time of the | 10 |
| commission of the offense;
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| (4) Threatening injury to the person or to the property | 12 |
| of the person to
whom an electronic communication is | 13 |
| directed or to any of his or her family or
household | 14 |
| members; or
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| (5) Knowingly permitting any electronic communications | 16 |
| device to be used
for any of the purposes mentioned in this | 17 |
| subsection (a).
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| (b) As used in this Act:
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| (1) "Electronic communication" means any transfer of | 20 |
| signs, signals,
writings, images, sounds, data or | 21 |
| intelligence of any nature transmitted in
whole or in part | 22 |
| by a wire, radio, electromagnetic, photoelectric or
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| photo-optical system.
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| (2) "Family or household member" includes spouses, | 25 |
| former spouses,
parents,
children, stepchildren and other | 26 |
| persons related by blood or by present or
prior
marriage, |
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HB5287 |
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LRB095 17293 RLC 43357 b |
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| persons who share or formerly shared a common dwelling, | 2 |
| persons who
have or allegedly share a blood relationship | 3 |
| through a child, persons who have
or have had a dating or | 4 |
| engagement relationship, and persons with disabilities
and | 5 |
| their personal assistants. For purposes of this Act, | 6 |
| neither a casual
acquaintanceship nor ordinary | 7 |
| fraternization between 2 individuals in
business or social | 8 |
| contexts shall be deemed to constitute a dating
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| relationship.
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| (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
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