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Public Act 095-0326 |
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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 | ||||
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 | ||||
he knowingly and without the authorization of a
computer's | ||||
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 | ||||
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 | ||||
part thereof, a computer network, or
a program or data, and | ||||
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 | ||||
damages or destroys the computer or
alters, deletes or | ||||
removes a computer program or data;
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(4) Inserts or attempts to insert a "program" into a | ||||
computer or
computer program knowing or having reason to | ||||
believe that such "program" contains
information or |
commands that will or may damage or destroy that computer,
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or any other computer subsequently accessing or being | ||
accessed by that
computer, or that will or may alter, | ||
delete or remove a computer program or
data from that | ||
computer, or any other computer program or data in a
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computer subsequently accessing or being accessed by that | ||
computer, or that
will or may cause loss to the users of | ||
that computer or the users of a
computer which accesses or | ||
which is accessed by such "program";
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(5) Falsifies or forges electronic mail transmission | ||
information or
other
routing information in any manner in | ||
connection with the transmission of
unsolicited bulk | ||
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 | ||
sell, give, or
otherwise
distribute or possess with the intent | ||
to sell, give, or distribute software
which
(1) is primarily | ||
designed or produced for the purpose of facilitating or
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enabling the falsification of electronic mail transmission | ||
information or
other routing information; (2) has only a | ||
limited commercially significant
purpose or use other than to | ||
facilitate or enable the falsification of
electronic
mail | ||
transmission information or other routing information; or (3) | ||
is
marketed by that person or another acting in concert with | ||
that person with
that person's knowledge for use in | ||
facilitating or enabling the falsification
of
electronic mail |
transmission information or other routing information.
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(a-10) For purposes of subsection (a), accessing a computer | ||
network is deemed to be with the authorization of a
computer's | ||
owner if: | ||
(1) the owner authorizes patrons, customers, or guests | ||
to access the computer network and the person accessing the | ||
computer network is an authorized patron, customer, or | ||
guest and complies with all terms or conditions for use of | ||
the computer network that are imposed by the owner; or | ||
(2) the owner authorizes the public to access the | ||
computer network and the person accessing the computer | ||
network complies with all terms or conditions for use of | ||
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 | ||
(a-5) of this
Section shall be guilty
of a Class B | ||
misdemeanor.
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(2) A person who commits the offense of computer | ||
tampering as set forth
in subsection (a)(2) of this Section | ||
shall be guilty of a Class A misdemeanor
and a Class 4 | ||
felony for the second or subsequent offense.
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(3) A person who commits the offense of computer | ||
tampering as set forth
in subsection (a)(3) or subsection | ||
(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 | ||
unsolicited bulk
electronic
mail, the injured person, | ||
other than an electronic mail service
provider, may also | ||
recover attorney's fees and costs, and may elect, in lieu | ||
of
actual damages, to recover the lesser of $10 for each | ||
and every unsolicited
bulk electronic mail message | ||
transmitted in violation of this Section, or
$25,000 per | ||
day. The injured person shall not have a cause of action
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against the electronic mail service provider that merely | ||
transmits the
unsolicited bulk electronic mail over its | ||
computer network.
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(5) If the injury arises from the transmission of | ||
unsolicited bulk
electronic
mail,
an injured electronic | ||
mail service provider may also recover
attorney's fees and | ||
costs, and may elect, in lieu of actual damages, to recover
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the greater of $10 for each and every unsolicited | ||
electronic mail
advertisement transmitted in violation of | ||
this Section, or $25,000 per day.
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(6) The provisions of this Section shall not be | ||
construed to limit any
person's
right to pursue any | ||
additional civil remedy otherwise allowed by law.
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(c) Whoever suffers loss by reason of a violation of | ||
subsection (a)(4)
of this Section may, in a civil action | ||
against the violator, obtain
appropriate relief. In
a civil | ||
action under this Section, the court may award to the | ||
prevailing
party reasonable attorney's fees and other |
litigation expenses.
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(Source: P.A. 91-233, eff. 1-1-00.)
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