93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6877

 

Introduced 02/09/04, by Ron Stephens

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16D-5.1 new

    Amends the Criminal Code of 1961. Creates the offense of facilitating theft of on-line services. Penalty is a Class A misdemeanor when the aggregate value of service obtained is less than $300 and a Class 4 felony when the aggregate value of service obtained is $300 or more. A second or subsequent offense is a Class 2 felony.


LRB093 17969 RLC 43652 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6877 LRB093 17969 RLC 43652 b

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 adding
5 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 of
9 on-line services who knowingly:
10         (1) makes, obtains, possesses, or uses a computer or
11     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 transfers
20     to another, or offers, promotes, or advertises a computer
21     or electronic device or computer software with the
22     capability to gain unauthorized access to a commercial or
23     non-commercial on-line service or computerized web
24     intended to gather and disseminate information by
25     electronic means, under circumstances evidencing an intent
26     to use or employ these items, or to allow them to be used
27     or employed, for the purpose of gaining unauthorized access
28     to a commercial or non-commercial on-line service or
29     computerized web intended to gather and disseminate
30     information by electronic means.
31     (b) Sentence. Facilitating theft of on-line services is a
32 Class A misdemeanor when the aggregate value of service

 

 

HB6877 - 2 - LRB093 17969 RLC 43652 b

1 obtained is less than $300 and a Class 4 felony when the
2 aggregate value of service obtained is $300 or more. For a
3 second or subsequent offense, or if the person convicted of the
4 offense has been previously convicted of any similar crime in
5 this or any other state or federal jurisdiction, facilitating
6 theft of on-line services is a Class 2 felony.