Rep. Keith R. Wheeler

Filed: 3/5/2019

 

 


 

 


 
10100HB2133ham001LRB101 04899 SLF 56977 a

1
AMENDMENT TO HOUSE BILL 2133

2    AMENDMENT NO. ______. Amend House Bill 2133 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 11-6.6, 11-20.1, 17-0.5, 17-52.5, 17-55,
628-2 as follows:
 
7    (720 ILCS 5/11-6.6)
8    Sec. 11-6.6. Solicitation to meet a child.
9    (a) A person of the age of 18 or more years commits the
10offense of solicitation to meet a child if the person while
11using a computer, cellular telephone, or any other device, with
12the intent to meet a child or one whom he or she believes to be
13a child, solicits, entices, induces, or arranges with the child
14to meet at a location without the knowledge of the child's
15parent or guardian and the meeting with the child is arranged
16for a purpose other than a lawful purpose under Illinois law.

 

 

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1    (b) Sentence. Solicitation to meet a child is a Class A
2misdemeanor. Solicitation to meet a child is a Class 4 felony
3when the solicitor believes he or she is 5 or more years older
4than the child.
5    (c) For purposes of this Section, "child" means any person
6under 17 years of age; and "computer" has the meaning ascribed
7to it in Section 17-0.5 16D-2 of this Code.
8(Source: P.A. 95-983, eff. 6-1-09.)
 
9    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
10    Sec. 11-20.1. Child pornography.
11    (a) A person commits child pornography who:
12        (1) films, videotapes, photographs, or otherwise
13    depicts or portrays by means of any similar visual medium
14    or reproduction or depicts by computer any child whom he or
15    she knows or reasonably should know to be under the age of
16    18 or any person with a severe or profound intellectual
17    disability where such child or person with a severe or
18    profound intellectual disability is:
19            (i) actually or by simulation engaged in any act of
20        sexual penetration or sexual conduct with any person or
21        animal; or
22            (ii) actually or by simulation engaged in any act
23        of sexual penetration or sexual conduct involving the
24        sex organs of the child or person with a severe or
25        profound intellectual disability and the mouth, anus,

 

 

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1        or sex organs of another person or animal; or which
2        involves the mouth, anus or sex organs of the child or
3        person with a severe or profound intellectual
4        disability and the sex organs of another person or
5        animal; or
6            (iii) actually or by simulation engaged in any act
7        of masturbation; or
8            (iv) actually or by simulation portrayed as being
9        the object of, or otherwise engaged in, any act of lewd
10        fondling, touching, or caressing involving another
11        person or animal; or
12            (v) actually or by simulation engaged in any act of
13        excretion or urination within a sexual context; or
14            (vi) actually or by simulation portrayed or
15        depicted as bound, fettered, or subject to sadistic,
16        masochistic, or sadomasochistic abuse in any sexual
17        context; or
18            (vii) depicted or portrayed in any pose, posture or
19        setting involving a lewd exhibition of the unclothed or
20        transparently clothed genitals, pubic area, buttocks,
21        or, if such person is female, a fully or partially
22        developed breast of the child or other person; or
23        (2) with the knowledge of the nature or content
24    thereof, reproduces, disseminates, offers to disseminate,
25    exhibits or possesses with intent to disseminate any film,
26    videotape, photograph or other similar visual reproduction

 

 

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1    or depiction by computer of any child or person with a
2    severe or profound intellectual disability whom the person
3    knows or reasonably should know to be under the age of 18
4    or to be a person with a severe or profound intellectual
5    disability, engaged in any activity described in
6    subparagraphs (i) through (vii) of paragraph (1) of this
7    subsection; or
8        (3) with knowledge of the subject matter or theme
9    thereof, produces any stage play, live performance, film,
10    videotape or other similar visual portrayal or depiction by
11    computer which includes a child whom the person knows or
12    reasonably should know to be under the age of 18 or a
13    person with a severe or profound intellectual disability
14    engaged in any activity described in subparagraphs (i)
15    through (vii) of paragraph (1) of this subsection; or
16        (4) solicits, uses, persuades, induces, entices, or
17    coerces any child whom he or she knows or reasonably should
18    know to be under the age of 18 or a person with a severe or
19    profound intellectual disability to appear in any stage
20    play, live presentation, film, videotape, photograph or
21    other similar visual reproduction or depiction by computer
22    in which the child or person with a severe or profound
23    intellectual disability is or will be depicted, actually or
24    by simulation, in any act, pose or setting described in
25    subparagraphs (i) through (vii) of paragraph (1) of this
26    subsection; or

 

 

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1        (5) is a parent, step-parent, legal guardian or other
2    person having care or custody of a child whom the person
3    knows or reasonably should know to be under the age of 18
4    or a person with a severe or profound intellectual
5    disability and who knowingly permits, induces, promotes,
6    or arranges for such child or person with a severe or
7    profound intellectual disability to appear in any stage
8    play, live performance, film, videotape, photograph or
9    other similar visual presentation, portrayal or simulation
10    or depiction by computer of any act or activity described
11    in subparagraphs (i) through (vii) of paragraph (1) of this
12    subsection; or
13        (6) with knowledge of the nature or content thereof,
14    possesses any film, videotape, photograph or other similar
15    visual reproduction or depiction by computer of any child
16    or person with a severe or profound intellectual disability
17    whom the person knows or reasonably should know to be under
18    the age of 18 or to be a person with a severe or profound
19    intellectual disability, engaged in any activity described
20    in subparagraphs (i) through (vii) of paragraph (1) of this
21    subsection; or
22        (7) solicits, or knowingly uses, persuades, induces,
23    entices, or coerces, a person to provide a child under the
24    age of 18 or a person with a severe or profound
25    intellectual disability to appear in any videotape,
26    photograph, film, stage play, live presentation, or other

 

 

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1    similar visual reproduction or depiction by computer in
2    which the child or person with a severe or profound
3    intellectual disability will be depicted, actually or by
4    simulation, in any act, pose, or setting described in
5    subparagraphs (i) through (vii) of paragraph (1) of this
6    subsection.
7    (a-5) The possession of each individual film, videotape,
8photograph, or other similar visual reproduction or depiction
9by computer in violation of this Section constitutes a single
10and separate violation. This subsection (a-5) does not apply to
11multiple copies of the same film, videotape, photograph, or
12other similar visual reproduction or depiction by computer that
13are identical to each other.
14    (b)(1) It shall be an affirmative defense to a charge of
15child pornography that the defendant reasonably believed,
16under all of the circumstances, that the child was 18 years of
17age or older or that the person was not a person with a severe
18or profound intellectual disability but only where, prior to
19the act or acts giving rise to a prosecution under this
20Section, he or she took some affirmative action or made a
21bonafide inquiry designed to ascertain whether the child was 18
22years of age or older or that the person was not a person with a
23severe or profound intellectual disability and his or her
24reliance upon the information so obtained was clearly
25reasonable.
26    (1.5) Telecommunications carriers, commercial mobile

 

 

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1service providers, and providers of information services,
2including, but not limited to, Internet service providers and
3hosting service providers, are not liable under this Section by
4virtue of the transmission, storage, or caching of electronic
5communications or messages of others or by virtue of the
6provision of other related telecommunications, commercial
7mobile services, or information services used by others in
8violation of this Section.
9    (2) (Blank).
10    (3) The charge of child pornography shall not apply to the
11performance of official duties by law enforcement or
12prosecuting officers or persons employed by law enforcement or
13prosecuting agencies, court personnel or attorneys, nor to
14bonafide treatment or professional education programs
15conducted by licensed physicians, psychologists or social
16workers.
17    (4) If the defendant possessed more than one of the same
18film, videotape or visual reproduction or depiction by computer
19in which child pornography is depicted, then the trier of fact
20may infer that the defendant possessed such materials with the
21intent to disseminate them.
22    (5) The charge of child pornography does not apply to a
23person who does not voluntarily possess a film, videotape, or
24visual reproduction or depiction by computer in which child
25pornography is depicted. Possession is voluntary if the
26defendant knowingly procures or receives a film, videotape, or

 

 

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1visual reproduction or depiction for a sufficient time to be
2able to terminate his or her possession.
3    (6) Any violation of paragraph (1), (2), (3), (4), (5), or
4(7) of subsection (a) that includes a child engaged in,
5solicited for, depicted in, or posed in any act of sexual
6penetration or bound, fettered, or subject to sadistic,
7masochistic, or sadomasochistic abuse in a sexual context shall
8be deemed a crime of violence.
9    (c) If the violation does not involve a film, videotape, or
10other moving depiction, a violation of paragraph (1), (4), (5),
11or (7) of subsection (a) is a Class 1 felony with a mandatory
12minimum fine of $2,000 and a maximum fine of $100,000. If the
13violation involves a film, videotape, or other moving
14depiction, a violation of paragraph (1), (4), (5), or (7) of
15subsection (a) is a Class X felony with a mandatory minimum
16fine of $2,000 and a maximum fine of $100,000. If the violation
17does not involve a film, videotape, or other moving depiction,
18a violation of paragraph (3) of subsection (a) is a Class 1
19felony with a mandatory minimum fine of $1500 and a maximum
20fine of $100,000. If the violation involves a film, videotape,
21or other moving depiction, a violation of paragraph (3) of
22subsection (a) is a Class X felony with a mandatory minimum
23fine of $1500 and a maximum fine of $100,000. If the violation
24does not involve a film, videotape, or other moving depiction,
25a violation of paragraph (2) of subsection (a) is a Class 1
26felony with a mandatory minimum fine of $1000 and a maximum

 

 

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1fine of $100,000. If the violation involves a film, videotape,
2or other moving depiction, a violation of paragraph (2) of
3subsection (a) is a Class X felony with a mandatory minimum
4fine of $1000 and a maximum fine of $100,000. If the violation
5does not involve a film, videotape, or other moving depiction,
6a violation of paragraph (6) of subsection (a) is a Class 3
7felony with a mandatory minimum fine of $1000 and a maximum
8fine of $100,000. If the violation involves a film, videotape,
9or other moving depiction, a violation of paragraph (6) of
10subsection (a) is a Class 2 felony with a mandatory minimum
11fine of $1000 and a maximum fine of $100,000.
12    (c-5) Where the child depicted is under the age of 13, a
13violation of paragraph (1), (2), (3), (4), (5), or (7) of
14subsection (a) is a Class X felony with a mandatory minimum
15fine of $2,000 and a maximum fine of $100,000. Where the child
16depicted is under the age of 13, a violation of paragraph (6)
17of subsection (a) is a Class 2 felony with a mandatory minimum
18fine of $1,000 and a maximum fine of $100,000. Where the child
19depicted is under the age of 13, a person who commits a
20violation of paragraph (1), (2), (3), (4), (5), or (7) of
21subsection (a) where the defendant has previously been
22convicted under the laws of this State or any other state of
23the offense of child pornography, aggravated child
24pornography, aggravated criminal sexual abuse, aggravated
25criminal sexual assault, predatory criminal sexual assault of a
26child, or any of the offenses formerly known as rape, deviate

 

 

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1sexual assault, indecent liberties with a child, or aggravated
2indecent liberties with a child where the victim was under the
3age of 18 years or an offense that is substantially equivalent
4to those offenses, is guilty of a Class X felony for which the
5person shall be sentenced to a term of imprisonment of not less
6than 9 years with a mandatory minimum fine of $2,000 and a
7maximum fine of $100,000. Where the child depicted is under the
8age of 13, a person who commits a violation of paragraph (6) of
9subsection (a) where the defendant has previously been
10convicted under the laws of this State or any other state of
11the offense of child pornography, aggravated child
12pornography, aggravated criminal sexual abuse, aggravated
13criminal sexual assault, predatory criminal sexual assault of a
14child, or any of the offenses formerly known as rape, deviate
15sexual assault, indecent liberties with a child, or aggravated
16indecent liberties with a child where the victim was under the
17age of 18 years or an offense that is substantially equivalent
18to those offenses, is guilty of a Class 1 felony with a
19mandatory minimum fine of $1,000 and a maximum fine of
20$100,000. The issue of whether the child depicted is under the
21age of 13 is an element of the offense to be resolved by the
22trier of fact.
23    (d) If a person is convicted of a second or subsequent
24violation of this Section within 10 years of a prior
25conviction, the court shall order a presentence psychiatric
26examination of the person. The examiner shall report to the

 

 

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1court whether treatment of the person is necessary.
2    (e) Any film, videotape, photograph or other similar visual
3reproduction or depiction by computer which includes a child
4under the age of 18 or a person with a severe or profound
5intellectual disability engaged in any activity described in
6subparagraphs (i) through (vii) or paragraph 1 of subsection
7(a), and any material or equipment used or intended for use in
8photographing, filming, printing, producing, reproducing,
9manufacturing, projecting, exhibiting, depiction by computer,
10or disseminating such material shall be seized and forfeited in
11the manner, method and procedure provided by Section 36-1 of
12this Code for the seizure and forfeiture of vessels, vehicles
13and aircraft.
14    In addition, any person convicted under this Section is
15subject to the property forfeiture provisions set forth in
16Article 124B of the Code of Criminal Procedure of 1963.
17    (e-5) Upon the conclusion of a case brought under this
18Section, the court shall seal all evidence depicting a victim
19or witness that is sexually explicit. The evidence may be
20unsealed and viewed, on a motion of the party seeking to unseal
21and view the evidence, only for good cause shown and in the
22discretion of the court. The motion must expressly set forth
23the purpose for viewing the material. The State's attorney and
24the victim, if possible, shall be provided reasonable notice of
25the hearing on the motion to unseal the evidence. Any person
26entitled to notice of a hearing under this subsection (e-5) may

 

 

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1object to the motion.
2    (f) Definitions. For the purposes of this Section:
3        (1) "Disseminate" means (i) to sell, distribute,
4    exchange or transfer possession, whether with or without
5    consideration or (ii) to make a depiction by computer
6    available for distribution or downloading through the
7    facilities of any telecommunications network or through
8    any other means of transferring computer programs or data
9    to a computer.
10        (2) "Produce" means to direct, promote, advertise,
11    publish, manufacture, issue, present or show.
12        (3) "Reproduce" means to make a duplication or copy.
13        (4) "Depict by computer" means to generate or create,
14    or cause to be created or generated, a computer program or
15    data that, after being processed by a computer either alone
16    or in conjunction with one or more computer programs,
17    results in a visual depiction on a computer monitor,
18    screen, or display.
19        (5) "Depiction by computer" means a computer program or
20    data that, after being processed by a computer either alone
21    or in conjunction with one or more computer programs,
22    results in a visual depiction on a computer monitor,
23    screen, or display.
24        (6) "Computer", "computer program", and "data" have
25    the meanings ascribed to them in Section 17.05 16D-2 of
26    this Code.

 

 

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1        (7) For the purposes of this Section, "child
2    pornography" includes a film, videotape, photograph, or
3    other similar visual medium or reproduction or depiction by
4    computer that is, or appears to be, that of a person,
5    either in part, or in total, under the age of 18 or a
6    person with a severe or profound intellectual disability,
7    regardless of the method by which the film, videotape,
8    photograph, or other similar visual medium or reproduction
9    or depiction by computer is created, adopted, or modified
10    to appear as such. "Child pornography" also includes a
11    film, videotape, photograph, or other similar visual
12    medium or reproduction or depiction by computer that is
13    advertised, promoted, presented, described, or distributed
14    in such a manner that conveys the impression that the film,
15    videotape, photograph, or other similar visual medium or
16    reproduction or depiction by computer is of a person under
17    the age of 18 or a person with a severe or profound
18    intellectual disability.
19    (g) Re-enactment; findings; purposes.
20        (1) The General Assembly finds and declares that:
21            (i) Section 50-5 of Public Act 88-680, effective
22        January 1, 1995, contained provisions amending the
23        child pornography statute, Section 11-20.1 of the
24        Criminal Code of 1961. Section 50-5 also contained
25        other provisions.
26            (ii) In addition, Public Act 88-680 was entitled

 

 

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1        "AN ACT to create a Safe Neighborhoods Law". (A)
2        Article 5 was entitled JUVENILE JUSTICE and amended the
3        Juvenile Court Act of 1987. (B) Article 15 was entitled
4        GANGS and amended various provisions of the Criminal
5        Code of 1961 and the Unified Code of Corrections. (C)
6        Article 20 was entitled ALCOHOL ABUSE and amended
7        various provisions of the Illinois Vehicle Code. (D)
8        Article 25 was entitled DRUG ABUSE and amended the
9        Cannabis Control Act and the Illinois Controlled
10        Substances Act. (E) Article 30 was entitled FIREARMS
11        and amended the Criminal Code of 1961 and the Code of
12        Criminal Procedure of 1963. (F) Article 35 amended the
13        Criminal Code of 1961, the Rights of Crime Victims and
14        Witnesses Act, and the Unified Code of Corrections. (G)
15        Article 40 amended the Criminal Code of 1961 to
16        increase the penalty for compelling organization
17        membership of persons. (H) Article 45 created the
18        Secure Residential Youth Care Facility Licensing Act
19        and amended the State Finance Act, the Juvenile Court
20        Act of 1987, the Unified Code of Corrections, and the
21        Private Correctional Facility Moratorium Act. (I)
22        Article 50 amended the WIC Vendor Management Act, the
23        Firearm Owners Identification Card Act, the Juvenile
24        Court Act of 1987, the Criminal Code of 1961, the
25        Wrongs to Children Act, and the Unified Code of
26        Corrections.

 

 

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1            (iii) On September 22, 1998, the Third District
2        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
3        ruled that Public Act 88-680 violates the single
4        subject clause of the Illinois Constitution (Article
5        IV, Section 8 (d)) and was unconstitutional in its
6        entirety. As of the time this amendatory Act of 1999
7        was prepared, People v. Dainty was still subject to
8        appeal.
9            (iv) Child pornography is a vital concern to the
10        people of this State and the validity of future
11        prosecutions under the child pornography statute of
12        the Criminal Code of 1961 is in grave doubt.
13        (2) It is the purpose of this amendatory Act of 1999 to
14    prevent or minimize any problems relating to prosecutions
15    for child pornography that may result from challenges to
16    the constitutional validity of Public Act 88-680 by
17    re-enacting the Section relating to child pornography that
18    was included in Public Act 88-680.
19        (3) This amendatory Act of 1999 re-enacts Section
20    11-20.1 of the Criminal Code of 1961, as it has been
21    amended. This re-enactment is intended to remove any
22    question as to the validity or content of that Section; it
23    is not intended to supersede any other Public Act that
24    amends the text of the Section as set forth in this
25    amendatory Act of 1999. The material is shown as existing
26    text (i.e., without underscoring) because, as of the time

 

 

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1    this amendatory Act of 1999 was prepared, People v. Dainty
2    was subject to appeal to the Illinois Supreme Court.
3        (4) The re-enactment by this amendatory Act of 1999 of
4    Section 11-20.1 of the Criminal Code of 1961 relating to
5    child pornography that was amended by Public Act 88-680 is
6    not intended, and shall not be construed, to imply that
7    Public Act 88-680 is invalid or to limit or impair any
8    legal argument concerning whether those provisions were
9    substantially re-enacted by other Public Acts.
10(Source: P.A. 98-437, eff. 1-1-14; 99-143, eff. 7-27-15.)
 
11    (720 ILCS 5/17-0.5)
12    Sec. 17-0.5. Definitions. In this Article:
13    "Altered credit card or debit card" means any instrument or
14device, whether known as a credit card or debit card, which has
15been changed in any respect by addition or deletion of any
16material, except for the signature by the person to whom the
17card is issued.
18    "Cardholder" means the person or organization named on the
19face of a credit card or debit card to whom or for whose
20benefit the credit card or debit card is issued by an issuer.
21    "Computer" means a device that accepts, processes, stores,
22retrieves, or outputs data and includes, but is not limited to,
23auxiliary storage, including cloud-based networks of remote
24services hosted on the Internet, and telecommunications
25devices connected to computers.

 

 

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1    "Computer network" means a set of related, remotely
2connected devices and any communications facilities including
3more than one computer with the capability to transmit data
4between them through the communications facilities.
5    "Computer program" or "program" means a series of coded
6instructions or statements in a form acceptable to a computer
7which causes the computer to process data and supply the
8results of the data processing.
9    "Computer services" means computer time or services,
10including data processing services, Internet services,
11electronic mail services, electronic message services, or
12information or data stored in connection therewith.
13    "Counterfeit" means to manufacture, produce or create, by
14any means, a credit card or debit card without the purported
15issuer's consent or authorization.
16    "Credit card" means any instrument or device, whether known
17as a credit card, credit plate, charge plate or any other name,
18issued with or without fee by an issuer for the use of the
19cardholder in obtaining money, goods, services or anything else
20of value on credit or in consideration or an undertaking or
21guaranty by the issuer of the payment of a check drawn by the
22cardholder.
23    "Data" means a representation in any form of information,
24knowledge, facts, concepts, or instructions, including program
25documentation, which is prepared or has been prepared in a
26formalized manner and is stored or processed in or transmitted

 

 

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1by a computer or in a system or network. Data is considered
2property and may be in any form, including, but not limited to,
3printouts, magnetic or optical storage media, punch cards, or
4data stored internally in the memory of the computer.
5    "Debit card" means any instrument or device, known by any
6name, issued with or without fee by an issuer for the use of
7the cardholder in obtaining money, goods, services, and
8anything else of value, payment of which is made against funds
9previously deposited by the cardholder. A debit card which also
10can be used to obtain money, goods, services and anything else
11of value on credit shall not be considered a debit card when it
12is being used to obtain money, goods, services or anything else
13of value on credit.
14    "Document" includes, but is not limited to, any document,
15representation, or image produced manually, electronically, or
16by computer.
17    "Electronic fund transfer terminal" means any machine or
18device that, when properly activated, will perform any of the
19following services:
20        (1) Dispense money as a debit to the cardholder's
21    account; or
22        (2) Print the cardholder's account balances on a
23    statement; or
24        (3) Transfer funds between a cardholder's accounts; or
25        (4) Accept payments on a cardholder's loan; or
26        (5) Dispense cash advances on an open end credit or a

 

 

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1    revolving charge agreement; or
2        (6) Accept deposits to a customer's account; or
3        (7) Receive inquiries of verification of checks and
4    dispense information that verifies that funds are
5    available to cover such checks; or
6        (8) Cause money to be transferred electronically from a
7    cardholder's account to an account held by any business,
8    firm, retail merchant, corporation, or any other
9    organization.
10    "Electronic funds transfer system", hereafter referred to
11as "EFT System", means that system whereby funds are
12transferred electronically from a cardholder's account to any
13other account.
14    "Electronic mail service provider" means any person who (i)
15is an intermediary in sending or receiving electronic mail and
16(ii) provides to end-users of electronic mail services the
17ability to send or receive electronic mail.
18    "Expired credit card or debit card" means a credit card or
19debit card which is no longer valid because the term on it has
20elapsed.
21    "False academic degree" means a certificate, diploma,
22transcript, or other document purporting to be issued by an
23institution of higher learning or purporting to indicate that a
24person has completed an organized academic program of study at
25an institution of higher learning when the person has not
26completed the organized academic program of study indicated on

 

 

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1the certificate, diploma, transcript, or other document.
2    "False claim" means any statement made to any insurer,
3purported insurer, servicing corporation, insurance broker, or
4insurance agent, or any agent or employee of one of those
5entities, and made as part of, or in support of, a claim for
6payment or other benefit under a policy of insurance, or as
7part of, or in support of, an application for the issuance of,
8or the rating of, any insurance policy, when the statement does
9any of the following:
10        (1) Contains any false, incomplete, or misleading
11    information concerning any fact or thing material to the
12    claim.
13        (2) Conceals (i) the occurrence of an event that is
14    material to any person's initial or continued right or
15    entitlement to any insurance benefit or payment or (ii) the
16    amount of any benefit or payment to which the person is
17    entitled.
18    "Financial institution" means any bank, savings and loan
19association, credit union, or other depository of money or
20medium of savings and collective investment.
21    "Governmental entity" means: each officer, board,
22commission, and agency created by the Constitution, whether in
23the executive, legislative, or judicial branch of State
24government; each officer, department, board, commission,
25agency, institution, authority, university, and body politic
26and corporate of the State; each administrative unit or

 

 

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1corporate outgrowth of State government that is created by or
2pursuant to statute, including units of local government and
3their officers, school districts, and boards of election
4commissioners; and each administrative unit or corporate
5outgrowth of the foregoing items and as may be created by
6executive order of the Governor.
7    "Incomplete credit card or debit card" means a credit card
8or debit card which is missing part of the matter other than
9the signature of the cardholder which an issuer requires to
10appear on the credit card or debit card before it can be used
11by a cardholder, and this includes credit cards or debit cards
12which have not been stamped, embossed, imprinted or written on.
13    "Institution of higher learning" means a public or private
14college, university, or community college located in the State
15of Illinois that is authorized by the Board of Higher Education
16or the Illinois Community College Board to issue post-secondary
17degrees, or a public or private college, university, or
18community college located anywhere in the United States that is
19or has been legally constituted to offer degrees and
20instruction in its state of origin or incorporation.
21    "Insurance company" means "company" as defined under
22Section 2 of the Illinois Insurance Code.
23    "Issuer" means the business organization or financial
24institution which issues a credit card or debit card, or its
25duly authorized agent.
26    "Merchant" has the meaning ascribed to it in Section 16-0.1

 

 

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1of this Code.
2    "Person" means any individual, corporation, government,
3governmental subdivision or agency, business trust, estate,
4trust, partnership or association or any other entity.
5    "Receives" or "receiving" means acquiring possession or
6control.
7    "Record of charge form" means any document submitted or
8intended to be submitted to an issuer as evidence of a credit
9transaction for which the issuer has agreed to reimburse
10persons providing money, goods, property, services or other
11things of value.
12    "Revoked credit card or debit card" means a credit card or
13debit card which is no longer valid because permission to use
14it has been suspended or terminated by the issuer.
15    "Sale" means any delivery for value.
16    "Scheme or artifice to defraud" includes a scheme or
17artifice to deprive another of the intangible right to honest
18services.
19    "Self-insured entity" means any person, business,
20partnership, corporation, or organization that sets aside
21funds to meet his, her, or its losses or to absorb fluctuations
22in the amount of loss, the losses being charged against the
23funds set aside or accumulated.
24    "Social networking website" means an Internet website
25containing profile web pages of the members of the website that
26include the names or nicknames of such members, photographs

 

 

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1placed on the profile web pages by such members, or any other
2personal or personally identifying information about such
3members and links to other profile web pages on social
4networking websites of friends or associates of such members
5that can be accessed by other members or visitors to the
6website. A social networking website provides members of or
7visitors to such website the ability to leave messages or
8comments on the profile web page that are visible to all or
9some visitors to the profile web page and may also include a
10form of electronic mail for members of the social networking
11website.
12    "Statement" means any assertion, oral, written, or
13otherwise, and includes, but is not limited to: any notice,
14letter, or memorandum; proof of loss; bill of lading; receipt
15for payment; invoice, account, or other financial statement;
16estimate of property damage; bill for services; diagnosis or
17prognosis; prescription; hospital, medical, or dental chart or
18other record, x-ray, photograph, videotape, or movie film; test
19result; other evidence of loss, injury, or expense;
20computer-generated document; and data in any form.
21    "Universal Price Code Label" means a unique symbol that
22consists of a machine-readable code and human-readable
23numbers.
24    "With intent to defraud" means to act knowingly, and with
25the specific intent to deceive or cheat, for the purpose of
26causing financial loss to another or bringing some financial

 

 

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1gain to oneself, regardless of whether any person was actually
2defrauded or deceived. This includes an intent to cause another
3to assume, create, transfer, alter, or terminate any right,
4obligation, or power with reference to any person or property.
5(Source: P.A. 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.)
 
6    (720 ILCS 5/17-52.5)  (was 720 ILCS 5/16D-5.5)
7    Sec. 17-52.5. Unlawful use of encryption.
8    (a) For the purpose of this Section:
9        "Computer" has the meaning ascribed to the term in
10    Section 17-0.5 means an electronic device which performs
11    logical, arithmetic, and memory functions by manipulations
12    of electronic or magnetic impulses and includes all
13    equipment related to the computer in a system or network.
14        "Computer contaminant" means any data, information,
15    image, program, signal, or sound that is designated or has
16    the capability to: (1) contaminate, corrupt, consume,
17    damage, destroy, disrupt, modify, record, or transmit; or
18    (2) cause to be contaminated, corrupted, consumed,
19    damaged, destroyed, disrupted, modified, recorded, or
20    transmitted, any other data, information, image, program,
21    signal, or sound contained in a computer, system, or
22    network without the knowledge or consent of the person who
23    owns the other data, information, image, program, signal,
24    or sound or the computer, system, or network.
25        "Computer contaminant" includes, without limitation:

 

 

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1    (1) a virus, worm, or Trojan horse; (2) spyware that tracks
2    computer activity and is capable of recording and
3    transmitting such information to third parties; or (3) any
4    other similar data, information, image, program, signal,
5    or sound that is designed or has the capability to prevent,
6    impede, delay, or disrupt the normal operation or use of
7    any component, device, equipment, system, or network.
8        "Encryption" means the use of any protective or
9    disruptive measure, including, without limitation,
10    cryptography, enciphering, encoding, or a computer
11    contaminant, to: (1) prevent, impede, delay, or disrupt
12    access to any data, information, image, program, signal, or
13    sound; (2) cause or make any data, information, image,
14    program, signal, or sound unintelligible or unusable; or
15    (3) prevent, impede, delay, or disrupt the normal operation
16    or use of any component, device, equipment, system, or
17    network.
18        "Network" means a set of related, remotely connected
19    devices and facilities, including more than one system,
20    with the capability to transmit data among any of the
21    devices and facilities. The term includes, without
22    limitation, a local, regional, or global computer network.
23        "Program" means an ordered set of data representing
24    coded instructions or statements which can be executed by a
25    computer and cause the computer to perform one or more
26    tasks.

 

 

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1        "System" means a set of related equipment, whether or
2    not connected, which is used with or for a computer.
3    (b) A person shall not knowingly use or attempt to use
4encryption, directly or indirectly, to:
5        (1) commit, facilitate, further, or promote any
6    criminal offense;
7        (2) aid, assist, or encourage another person to commit
8    any criminal offense;
9        (3) conceal evidence of the commission of any criminal
10    offense; or
11        (4) conceal or protect the identity of a person who has
12    committed any criminal offense.
13    (c) Telecommunications carriers and information service
14providers are not liable under this Section, except for willful
15and wanton misconduct, for providing encryption services used
16by others in violation of this Section.
17    (d) Sentence. A person who violates this Section is guilty
18of a Class A misdemeanor, unless the encryption was used or
19attempted to be used to commit an offense for which a greater
20penalty is provided by law. If the encryption was used or
21attempted to be used to commit an offense for which a greater
22penalty is provided by law, the person shall be punished as
23prescribed by law for that offense.
24    (e) A person who violates this Section commits a criminal
25offense that is separate and distinct from any other criminal
26offense and may be prosecuted and convicted under this Section

 

 

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1whether or not the person or any other person is or has been
2prosecuted or convicted for any other criminal offense arising
3out of the same facts as the violation of this Section.
4(Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11.)
 
5    (720 ILCS 5/17-55)
6    Sec. 17-55. Definitions. For the purposes of this
7subdivision 30 Sections 17-50 through 17-53:
8    In addition to its meaning as defined in Section 15-1 of
9this Code, "property" means: (1) electronic impulses; (2)
10electronically produced data; (3) confidential, copyrighted,
11or proprietary information; (4) private identification codes
12or numbers which permit access to a computer by authorized
13computer users or generate billings to consumers for purchase
14of goods and services, including but not limited to credit card
15transactions and telecommunications services or permit
16electronic fund transfers; (5) software or programs in either
17machine or human readable form; or (6) any other tangible or
18intangible item relating to a computer or any part thereof.
19    "Access" means to use, instruct, communicate with, store
20data in, retrieve or intercept data from, or otherwise utilize
21any services of, a computer, a network, or data.
22    "Services" includes but is not limited to computer time,
23data manipulation, or storage functions.
24    "Vital services or operations" means those services or
25operations required to provide, operate, maintain, and repair

 

 

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1network cabling, transmission, distribution, or computer
2facilities necessary to ensure or protect the public health,
3safety, or welfare. Those services or operations include, but
4are not limited to, services provided by medical personnel or
5institutions, fire departments, emergency services agencies,
6national defense contractors, armed forces or militia
7personnel, private and public utility companies, or law
8enforcement agencies.
9(Source: P.A. 96-1551, eff. 7-1-11.)
 
10    (720 ILCS 5/28-2)  (from Ch. 38, par. 28-2)
11    Sec. 28-2. Definitions.
12    (a) A "gambling device" is any clock, tape machine, slot
13machine or other machines or device for the reception of money
14or other thing of value on chance or skill or upon the action
15of which money or other thing of value is staked, hazarded,
16bet, won or lost; or any mechanism, furniture, fixture,
17equipment or other device designed primarily for use in a
18gambling place. A "gambling device" does not include:
19        (1) A coin-in-the-slot operated mechanical device
20    played for amusement which rewards the player with the
21    right to replay such mechanical device, which device is so
22    constructed or devised as to make such result of the
23    operation thereof depend in part upon the skill of the
24    player and which returns to the player thereof no money,
25    property or right to receive money or property.

 

 

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1        (2) Vending machines by which full and adequate return
2    is made for the money invested and in which there is no
3    element of chance or hazard.
4        (3) A crane game. For the purposes of this paragraph
5    (3), a "crane game" is an amusement device involving skill,
6    if it rewards the player exclusively with merchandise
7    contained within the amusement device proper and limited to
8    toys, novelties and prizes other than currency, each having
9    a wholesale value which is not more than $25.
10        (4) A redemption machine. For the purposes of this
11    paragraph (4), a "redemption machine" is a single-player or
12    multi-player amusement device involving a game, the object
13    of which is throwing, rolling, bowling, shooting, placing,
14    or propelling a ball or other object that is either
15    physical or computer generated on a display or with lights
16    into, upon, or against a hole or other target that is
17    either physical or computer generated on a display or with
18    lights, or stopping, by physical, mechanical, or
19    electronic means, a moving object that is either physical
20    or computer generated on a display or with lights into,
21    upon, or against a hole or other target that is either
22    physical or computer generated on a display or with lights,
23    provided that all of the following conditions are met:
24            (A) The outcome of the game is predominantly
25        determined by the skill of the player.
26            (B) The award of the prize is based solely upon the

 

 

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1        player's achieving the object of the game or otherwise
2        upon the player's score.
3            (C) Only merchandise prizes are awarded.
4            (D) The wholesale value of prizes awarded in lieu
5        of tickets or tokens for single play of the device does
6        not exceed $25.
7            (E) The redemption value of tickets, tokens, and
8        other representations of value, which may be
9        accumulated by players to redeem prizes of greater
10        value, for a single play of the device does not exceed
11        $25.
12        (5) Video gaming terminals at a licensed
13    establishment, licensed truck stop establishment, licensed
14    fraternal establishment, or licensed veterans
15    establishment licensed in accordance with the Video Gaming
16    Act.
17    (a-5) "Internet" means an interactive computer service or
18system or an information service, system, or access software
19provider that provides or enables computer access by multiple
20users to a computer server, and includes, but is not limited
21to, an information service, system, or access software provider
22that provides access to a network system commonly known as the
23Internet, or any comparable system or service and also
24includes, but is not limited to, a World Wide Web page,
25newsgroup, message board, mailing list, or chat area on any
26interactive computer service or system or other online service.

 

 

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1    (a-6) "Access" has the meaning ascribed to the term in
2Section 17-55 and "computer" have the meanings ascribed to them
3in Section 16D-2 of this Code.
4    (a-7) "Computer" has the meaning ascribed to the term in
5Section 17-0.5.
6    (b) A "lottery" is any scheme or procedure whereby one or
7more prizes are distributed by chance among persons who have
8paid or promised consideration for a chance to win such prizes,
9whether such scheme or procedure is called a lottery, raffle,
10gift, sale or some other name, excluding savings promotion
11raffles authorized under Section 5g of the Illinois Banking
12Act, Section 7008 of the Savings Bank Act, Section 42.7 of the
13Illinois Credit Union Act, Section 5136B of the National Bank
14Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act
15(12 U.S.C. 1463).
16    (c) A "policy game" is any scheme or procedure whereby a
17person promises or guarantees by any instrument, bill,
18certificate, writing, token or other device that any particular
19number, character, ticket or certificate shall in the event of
20any contingency in the nature of a lottery entitle the
21purchaser or holder to receive money, property or evidence of
22debt.
23(Source: P.A. 98-31, eff. 6-24-13; 99-149, eff. 1-1-16.)".