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Public Act 096-0497
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| HB4066 Enrolled |
LRB096 03029 RLC 13043 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 Criminal Code of 1961 is amended by changing |
Section 16-20 as follows:
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(720 ILCS 5/16-20)
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Sec. 16-20. Criminal penalties.
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(a) Except for violations of Section 16-19 as provided for |
in subsection
(b)
or (c) of this Section, a person
who violates |
Section 16-19 is guilty of a Class A misdemeanor.
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(b) An offense under Section 16-19 is a Class 4 felony if:
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(1) the defendant has been convicted previously under |
Section 16-19
or
convicted of any
similar crime in this or |
any federal or other state jurisdiction; or
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(2) the violation of Section 16-19 involves at least |
10, but not more
than
50, unlawful
communication or access |
devices; or
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(3) a person engages in conduct identified in |
subdivision (3) of Section
16-19 for the purpose of, and |
with the intention of, substantially disrupting
and |
impairing the ability of a communication service provider |
to deliver
communication services to its lawful customers |
or subscribers; or .
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(4) the defendant at the time of the commission of the |
offense is a pre-trial detainee at a penal institution or |
is serving a sentence at a penal institution; or |
(5) the defendant at the time of the commission of the |
offense is a pre-trial detainee at a penal institution or |
is serving a sentence at a penal institution and uses any |
means of electronic communication as defined in the |
Harassing and Obscene Communications Act for fraud, theft, |
theft by deception, identity theft, or any other unlawful |
purpose. |
(c) An offense under Section 16-19 is a Class 3 felony if:
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(1) the defendant has been convicted previously on 2 or |
more occasions
for
offenses under
Section 16-19 or for any |
similar crime in this or any federal or other state
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jurisdiction; or
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(2) the violation of Section 16-19 involves more than |
50 unlawful
communication or access
devices; or |
(3) the defendant at the time of the commission of the |
offense is a pre-trial detainee at a penal institution or |
is serving a sentence at a penal institution and has been |
convicted previously of an offense under Section 16-19 |
committed by the defendant while serving as a pre-trial |
detainee in a penal institution or while serving a sentence |
at a penal institution; or |
(4) the defendant at the time of the commission of the |
offense is a pre-trial detainee at a penal institution or |
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is serving a sentence at a penal institution and has been |
convicted previously of an offense under Section 16-19 |
committed by the defendant while serving as a pre-trial |
detainee in a penal institution or while serving a sentence |
at a penal institution and uses any means of electronic |
communication as defined in the Harassing and Obscene |
Communications Act for fraud, theft, theft by deception, |
identity theft, or any other unlawful purpose.
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(d) For purposes of grading an offense based upon a prior |
conviction under
Section 16-19 or for any
similar crime under |
subdivisions (b)(1) and (c)(1) of this Section, a prior
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conviction shall consist of convictions
upon separate |
indictments or criminal complaints for offenses under Section
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16-19 or any similar crime in this or any
federal or other |
state jurisdiction.
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(e) As provided for in subdivisions (b)(1) and (c)(1) of |
this Section, in
grading an offense under Section
16-19 based |
upon a prior conviction, the term "any similar crime" shall
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include, but not be limited to, offenses
involving theft of |
service or fraud, including violations of the Cable
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Communications Policy Act of 1984 (Public
Law 98-549, 98 Stat. |
2779).
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(f) Separate offenses. For purposes of all criminal |
penalties or fines
established for violations of Section
16-19, |
the prohibited activity established in Section 16-19 as it |
applies to
each
unlawful communication or access device shall
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be deemed a separate offense.
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(g) Fines. For purposes of imposing fines upon conviction |
of a defendant
for
an offense under Section 16-19, all fines |
shall be imposed in accordance with
Article 9 of Chapter V of |
the
Unified Code
of Corrections.
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(h) Restitution. The court shall, in addition to any other |
sentence
authorized by law, sentence a person
convicted of |
violating Section 16-19 to make restitution in the manner |
provided
in Article 5 of Chapter V of the Unified Code of
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Corrections.
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(i) Forfeiture of unlawful communication or access |
devices. Upon conviction
of
a defendant under Section
16-19, |
the court may, in addition to any other sentence authorized by |
law,
direct that the defendant forfeit any
unlawful |
communication or access devices in the defendant's possession |
or
control which were involved in the
violation for which the |
defendant was convicted.
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(j) Venue. An offense under Section 16-19 may be deemed to |
have been
committed
at either the place where
the defendant |
manufactured or assembled an unlawful communication or access
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device, or assisted others in doing so,
or the place where the |
unlawful communication or access device was sold or
delivered |
to a purchaser or recipient. It is not a
defense to a violation |
of Section 16-19 that some of the acts constituting the
offense |
occurred outside of the State of
Illinois.
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(Source: P.A. 92-728, eff. 1-1-03; 93-701, eff. 7-9-04.)
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