SB2426 Engrossed LRB095 19685 RLC 46036 b

1     AN ACT concerning criminal law, which may be referred to as
2 the Cyberbullying Law.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 5. The Criminal Code of 1961 is amended by changing
6 Section 12-7.5 as follows:
 
7     (720 ILCS 5/12-7.5)
8     Sec. 12-7.5. Cyberstalking.
9     (a) A person commits cyberstalking when he or she,
10 knowingly and without lawful justification, on at least 2
11 separate occasions, harasses another person through the use of
12 electronic communication and:
13         (1) at any time transmits a threat of immediate or
14     future bodily harm, sexual assault, confinement, or
15     restraint and the threat is directed towards that person or
16     a family member of that person, or
17         (2) places that person or a family member of that
18     person in reasonable apprehension of immediate or future
19     bodily harm, sexual assault, confinement, or restraint; or
20     .
21         (3) at any time knowingly solicits the commission of an
22     act by any person which would be a violation of this Code
23     directed towards that person or a family member of that

 

 

SB2426 Engrossed - 2 - LRB095 19685 RLC 46036 b

1     person.
2     (a-5) A person commits cyberstalking when he or she,
3 knowingly and without lawful justification, creates and
4 maintains an Internet website or webpage which is accessible to
5 one or more third parties for a period of at least 24 hours,
6 and which contains statements harassing another person and:
7         (1) which communicates a threat of immediate or future
8     bodily harm, sexual assault, confinement, or restraint,
9     where the threat is directed towards that person or a
10     family member of that person, or
11         (2) which places that person or a family member of that
12     person in reasonable apprehension of immediate or future
13     bodily harm, sexual assault, confinement, or restraint, or
14         (3) which knowingly solicits the commission of an act
15     by any person which would be a violation of this Code
16     directed towards that person or a family member of that
17     person.
18     (b) As used in this Section:
19     "Harass" means to engage in a knowing and willful course of
20 conduct directed at a specific person that alarms, torments, or
21 terrorizes that person.
22     "Third party" means any person other than the person
23 violating these provisions and the person or persons towards
24 whom the violator's actions are directed.
25     "Electronic communication" means any transfer of signs,
26 signals, writings, sounds, data, or intelligence of any nature

 

 

SB2426 Engrossed - 3 - LRB095 19685 RLC 46036 b

1 transmitted in whole or in part by a wire, radio,
2 electronmagnetic, photoelectric, or photo-optical system.
3 "Electronic communication" includes transmissions by a
4 computer through the Internet to another computer.
5     (c) Sentence. Cyberstalking is a Class 4 felony. A second
6 or subsequent conviction for cyberstalking is a Class 3 felony.
7     (d) Telecommunications carriers, commercial mobile service
8 providers, and providers of information services, including,
9 but not limited to, Internet service providers and hosting
10 service providers, are not liable under this Section, except
11 for willful and wanton misconduct, by virtue of the
12 transmission, storage, or caching of electronic communications
13 or messages of others or by virtue of the provision of other
14 related telecommunications, commercial mobile services, or
15 information services used by others in violation of this
16 Section.
17 (Source: P.A. 92-199, eff. 8-1-01.)
 
18     Section 10. The Harassing and Obscene Communications Act is
19 amended by changing Section 1-2 as follows:
 
20     (720 ILCS 135/1-2)
21     Sec. 1-2. Harassment through electronic communications.
22     (a) Harassment through electronic communications is the
23 use of electronic communication for any of the following
24 purposes:

 

 

SB2426 Engrossed - 4 - LRB095 19685 RLC 46036 b

1         (1) Making any comment, request, suggestion or
2     proposal which is obscene with an intent to offend;
3         (2) Interrupting, with the intent to harass, the
4     telephone service or the electronic communication service
5     of any person;
6         (3) Transmitting to any person, with the intent to
7     harass and regardless of whether the communication is read
8     in its entirety or at all, any file, document, or other
9     communication which prevents that person from using his or
10     her telephone service or electronic communications device;
11         (3.1) Transmitting an electronic communication or
12     knowingly inducing a person to transmit an electronic
13     communication for the purpose of harassing another person
14     who is under 13 years of age, regardless of whether the
15     person under 13 years of age consents to the harassment, if
16     the defendant is at least 16 years of age at the time of
17     the commission of the offense;
18         (4) Threatening injury to the person or to the property
19     of the person to whom an electronic communication is
20     directed or to any of his or her family or household
21     members; or
22         (5) Knowingly permitting any electronic communications
23     device to be used for any of the purposes mentioned in this
24     subsection (a).
25     (b) As used in this Act:
26         (1) "Electronic communication" means any transfer of

 

 

SB2426 Engrossed - 5 - LRB095 19685 RLC 46036 b

1     signs, signals, writings, images, sounds, data or
2     intelligence of any nature transmitted in whole or in part
3     by a wire, radio, electromagnetic, photoelectric or
4     photo-optical system. "Electronic communication" includes
5     transmissions by a computer through the Internet to another
6     computer.
7         (2) "Family or household member" includes spouses,
8     former spouses, parents, children, stepchildren and other
9     persons related by blood or by present or prior marriage,
10     persons who share or formerly shared a common dwelling,
11     persons who have or allegedly share a blood relationship
12     through a child, persons who have or have had a dating or
13     engagement relationship, and persons with disabilities and
14     their personal assistants. For purposes of this Act,
15     neither a casual acquaintanceship nor ordinary
16     fraternization between 2 individuals in business or social
17     contexts shall be deemed to constitute a dating
18     relationship.
19     (c) Telecommunications carriers, commercial mobile service
20 providers, and providers of information services, including,
21 but not limited to, Internet service providers and hosting
22 service providers, are not liable under this Section, except
23 for willful and wanton misconduct, by virtue of the
24 transmission, storage, or caching of electronic communications
25 or messages of others or by virtue of the provision of other
26 related telecommunications, commercial mobile services, or

 

 

SB2426 Engrossed - 6 - LRB095 19685 RLC 46036 b

1 information services used by others in violation of this
2 Section.
3 (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)