State of Illinois
90th General Assembly
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90_HB3124

      720 ILCS 365/1            from Ch. 134, par. 15c
          Amends the Telephone Charge Fraud Act.  Makes a stylistic
      change in Section defining the offense  of  telephone  charge
      fraud.
                                                     LRB9009729RCpc
                                               LRB9009729RCpc
 1        AN  ACT  to  amend  the  Telephone  Charge  Fraud  Act by
 2    changing Section 1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Telephone Charge Fraud Act is amended by
 6    changing Section 1 as follows:
 7        (720 ILCS 365/1) (from Ch. 134, par. 15c)
 8        Sec. 1. An Any individual, corporation, or other  person,
 9    who,  with  intent  to  defraud or to aid and abet another to
10    defraud any individual, corporation, or other person, of  the
11    lawful    charge,    in   whole   or   in   part,   for   any
12    telecommunications  service,  shall  obtain,  or  attempt  to
13    obtain, or aid and abet another to obtain or  to  attempt  to
14    obtain, any telecommunications service:
15        (a)  by  charging  such  service to an existing telephone
16    number or credit card number without  the  authority  of  the
17    subscriber thereto or the legitimate holder thereof, or,
18        (b)  charging  such  service  to  a  nonexistent,  false,
19    fictitious,  or  counterfeit  telephone number or credit card
20    number or to a suspended, terminated, expired, cancelled,  or
21    revoked telephone number or credit card number, or,
22        (c)  by  use  of  a  code,  prearranged  scheme, or other
23    similar stratagem or device whereby said person,  in  effect,
24    sends or receives information, or,
25        (d)  by  installing,  rearranging,  or tampering with any
26    facilities or  equipment,  whether  physically,  inductively,
27    acoustically, electronically, or,
28        (e)  by  publishing  the  number  or code of an existing,
29    canceled, revoked or  nonexistent  telephone  number,  credit
30    number  or  other  credit  device  or  method of numbering or
31    coding  which  is  employed  in  the  issuance  of  telephone
                            -2-                LRB9009729RCpc
 1    numbers, credit numbers or other credit devices which may  be
 2    used  to  avoid  the  payment  of  any  lawful telephone toll
 3    charge, or,
 4        (f)  by publishing plans, diagrams  or  methods  for  the
 5    construction,  assembly or usage of any device, instrument or
 6    gadget which may be used to avoid the payment of  any  lawful
 7    telephone toll charge, or,
 8        (g)  by  any other trick, stratagem, impersonation, false
 9    pretense, false representation, false statement, contrivance,
10    device, or means,  shall  be  deemed  guilty  of  a  Class  A
11    Misdemeanor;  provided, however, that (a) a second conviction
12    of an offense  under  this  Section,  (b)  commission  of  an
13    offense  for  remuneration,  or  (c) an offense involving the
14    defrauding of services in excess of $300 is a Class 4 felony.
15        As used in this Section "publish" means the communication
16    or dissemination of information to any one or  more  persons,
17    either   orally,   in  person,  or  by  telephone,  radio  or
18    television or in writing  of  any  kind,  including,  without
19    limitation,  a  letter  or  memorandum, circular or handbill,
20    newspaper or magazine article or book.
21    (Source: P.A. 88-75.)

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