State of Illinois
90th General Assembly
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90_HB3314

      720 ILCS 5/12-9           from Ch. 38, par. 12-9
          Amends the Criminal Code  of  1961.   Provides  that  the
      offense  of  threatening a public official includes conveying
      the threat by radio or computer.
                                                     LRB9010432RCks
                                               LRB9010432RCks
 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 12-9.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    changing Section 12-9 as follows:
 7        (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
 8        Sec. 12-9.  Threatening public officials.
 9        (a)  A person commits the offense of threatening a public
10    official when:
11             (1) that  person knowingly and willfully delivers or
12        conveys, directly or indirectly, to a public official any
13        telephone communication,  radio  communication,  computer
14        transmission,  letter, paper, writing, print, missive, or
15        document containing a threat to take the life  of  or  to
16        inflict  great  bodily harm upon the public official or a
17        member of his immediate family and
18             (2) the  threat  was   conveyed   because   of   the
19        performance   or  nonperformance  of  some  public  duty,
20        because of hostility of  the  person  making  the  threat
21        toward  the status or position of the public official, or
22        because of some other factor related  to  the  official's
23        public existence.
24        (b)  For purposes of this Section:
25             (1)  "public official" means a person who is elected
26        to  office  in  accordance  with  a  statute  or  who  is
27        appointed to an office  which  is  established,  and  the
28        qualifications  and  duties  of  which are prescribed, by
29        statute, to discharge a public duty for the State or  any
30        of  its  political  subdivisions  or  in  the  case of an
31        elective office any person who  has  filed  the  required
                            -2-                LRB9010432RCks
 1        documents for nomination or election to such office;
 2             (2)  "Immediate  family"  means  a public official's
 3        spouse, child or children; .
 4             (3)  "Computer" has the meaning ascribed  to  it  in
 5        Section 16D-2 of this Code;
 6             (4)  "Computer transmission" includes a transmission
 7        made  through  the Internet, computer network, or on-line
 8        service;
 9             (5)  "Internet"  means   an   interactive   computer
10        service  or  system or an information service, system, or
11        access  software  provider  that  provides   or   enables
12        computer  access  by multiple users to a computer server,
13        and includes, but  is  not  limited  to,  an  information
14        service,   system,   or  access  software  provider  that
15        provides access to a network system commonly known as the
16        Internet, or any comparable system or  service  and  also
17        includes,  but  is not limited to, a World Wide Web page,
18        newsgroup, message board, electronic mail, mailing  list,
19        or  chat  area  on  any  interactive  computer service or
20        system or other on-line service.
21        (c)  Threatening a public official is a Class 4 felony.
22    (Source: P.A. 87-238.)

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