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92_HB0230 LRB9202519RCdv 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 1961 is amended by 5 adding Section 16D-5.1 as follows: 6 (720 ILCS 5/16D-5.1 new) 7 Sec. 16D-5.1. Facilitating theft of on-line services. 8 (a) A person commits the offense of facilitating theft 9 of on-line services who knowingly: 10 (1) Makes, obtains, possesses, or uses a computer 11 or other electronic device, or computer software with the 12 capability to gain unauthorized access to a commercial or 13 non-commercial on-line service or computerized web 14 intended to gather and disseminate information by 15 electronic means, and uses the electronic machinery or 16 computer software in his or her possession or use to gain 17 unauthorized access to an on-line service or information 18 web; or 19 (2) Sells, distributes, gives, or otherwise 20 transfers to another, or offers, promotes, or advertises 21 a computer or electronic device or computer software with 22 the capability to gain unauthorized access to a 23 commercial or non-commercial on-line service or 24 computerized web intended to gather and disseminate 25 information by electronic means, under circumstances 26 evidencing an intent to use or employ these items, or to 27 allow them to be used or employed, for the purpose of 28 gaining unauthorized access to a commercial or 29 non-commercial on-line service or computerized web 30 intended to gather and disseminate information by 31 electronic means. -2- LRB9202519RCdv 1 (b) Sentence. Facilitating theft of on-line services is 2 a Class A misdemeanor when the aggregate value of service 3 obtained is less than $300 and a Class 4 felony when the 4 aggregate value of service obtained is $300 or more. For a 5 second or subsequent offense, or if the person convicted of 6 the offense has been previously convicted of any similar 7 crime in this or any other state or federal jurisdiction, 8 facilitating theft of on-line services is a Class 2 felony.