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90_HB3377
720 ILCS 5/16D-2 from Ch. 38, par. 16D-2
720 ILCS 5/16D-5.5 new
Amends the Computer Crime Article of the Criminal Code of
1961. Creates the offense of harassment by computer.
Establishes penalties.
LRB9010817RCmg
LRB9010817RCmg
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 16D-2 and adding Section 16D-5.5.
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
6 changing Section 16D-2 and adding Section 16D-5.5 as follows:
7 (720 ILCS 5/16D-2) (from Ch. 38, par. 16D-2)
8 Sec. 16D-2. Definitions. As used in this Article,
9 unless the context otherwise indicates:
10 (a) "Computer" means a device that accepts, processes,
11 stores, retrieves or outputs data, and includes but is not
12 limited to auxiliary storage and telecommunications devices
13 connected to computers.
14 (b) "Computer program" or "program" means a series of
15 coded instructions or statements in a form acceptable to a
16 computer which causes the computer to process data and supply
17 the results of the data processing.
18 (c) "Data" means a representation of information,
19 knowledge, facts, concepts or instructions, including program
20 documentation, which is prepared in a formalized manner and
21 is stored or processed in or transmitted by a computer. Data
22 shall be considered property and may be in any form including
23 but not limited to printouts, magnetic or optical storage
24 media, punch cards or data stored internally in the memory of
25 the computer.
26 (d) In addition to its meaning as defined in Section
27 15-1 of this Code, "property" means: (1) electronic impulses;
28 (2) electronically produced data; (3) confidential,
29 copyrighted or proprietary information; (4) private
30 identification codes or numbers which permit access to a
31 computer by authorized computer users or generate billings to
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1 consumers for purchase of goods and services, including but
2 not limited to credit card transactions and
3 telecommunications services or permit electronic fund
4 transfers; (5) software or programs in either machine or
5 human readable form; or (6) any other tangible or intangible
6 item relating to a computer or any part thereof.
7 (e) "Access" means to use, instruct, communicate with,
8 store data in, retrieve or intercept data from, or otherwise
9 utilize any services of a computer.
10 (f) "Services" includes but is not limited to computer
11 time, data manipulation or storage functions.
12 (g) "Vital services or operations" means those services
13 or operations required to provide, operate, maintain, and
14 repair network cabling, transmission, distribution, or
15 computer facilities necessary to ensure or protect the public
16 health, safety, or welfare. Public health, safety, or
17 welfare include, but are not limited to, services provided by
18 medical personnel or institutions, fire departments,
19 emergency services agencies, national defense contractors,
20 armed forces or militia personnel, private and public utility
21 companies, or law enforcement agencies.
22 (h) "Internet" means an interactive computer service or
23 system or an information service, system, or access software
24 provider that provides or enables computer access by multiple
25 users to a computer server, and includes, but is not limited
26 to, an information service, system, or access software
27 provider that provides access to a network system commonly
28 known as the Internet, or any comparable system or service
29 and also includes, but is not limited to, a World Wide Web
30 page, newsgroup, message board, electronic mail, mailing
31 list, or chat area on an interactive computer service or
32 system or other online service.
33 (i) "Family or household member" includes spouses,
34 former spouses, parents, children, stepchildren and other
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1 persons related by blood or by present or prior marriage,
2 persons who share or formerly shared a common dwelling,
3 persons who have or allegedly share a blood relationship
4 through a child, persons who have or have had a dating or
5 engagement relationship, and persons with disabilities and
6 their personal assistants. For purposes of this Act, neither
7 a casual acquaintanceship nor ordinary fraternization between
8 2 individuals in business or social contexts shall be deemed
9 to constitute a dating relationship.
10 (Source: P.A. 85-926.)
11 (720 ILCS 5/16D-5.5 new)
12 Sec. 16D-5.5. Harassment by computer.
13 (a) A person commits harassment by computer when he or
14 she uses a computer to transmit information for any of the
15 following purposes:
16 (1) Making any comment, request, suggestion or
17 proposal that is obscene with an intent to offend;
18 (2) Interrupting, with the intent to harass, the
19 use of a computer, including access to the Internet.
20 (3) Transmitting to any person, with the intent to
21 harass and regardless of whether the communication is
22 read in its entirety or at all, any file, document, or
23 other computer communication which prevents that person
24 from using his or her computer, including access to the
25 Internet;
26 (4) Threatening injury to the person or to the
27 property of the person to whom a communication, by
28 computer, is directed or to any of his or her family or
29 household members; or
30 (5) Knowingly permitting a computer to be used for
31 any of the purposes listed in this subsection (a).
32 (b) Evidence inference. Evidence that a defendant made
33 additional computer communications after having been
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1 requested by a named complainant or by a family or household
2 member of the complainant to stop may be considered as
3 evidence of an intent to harass unless disproved by evidence
4 to the contrary.
5 (c) Psychiatric examination. The court may order any
6 person convicted under this Section to submit to a
7 psychiatric examination.
8 (d) Sentence.
9 (A) Except as otherwise provided in clause (B) of
10 this subdivision (d), a person who violates any of the
11 provisions of this Section, is guilty of a Class B
12 misdemeanor. Except as otherwise provided in clause (B)
13 of this subdivision (d), a second or third violation of
14 this Section is a Class A misdemeanor. Except as
15 otherwise provided in Clause (B) of this subdivision (d),
16 upon a second or third violation of this Section, the
17 court shall impose a minimum of 14 days in jail or 240
18 hours of public or community service, if public or
19 community service has been established in the county in
20 which the offender was convicted.
21 (B) In any of the following circumstances, a person who
22 violates this Section is guilty of a Class 4 felony:
23 (i) The person has 3 or more violations in the last
24 10 years of harassment by computer under this Section or
25 any similar offense of any state;
26 (ii) The person has previously violated this
27 Section, or committed any similar offense in any state
28 with the same victim or a member of the victim's family
29 or household;
30 (iii) At the time of the offense, the offender was
31 under conditions of bail, probation, mandatory supervised
32 release or was the subject of an order of protection, in
33 this or any other state, prohibiting contact with the
34 victim or any member of the victim's family or household;
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1 (iv) In the course of the offense, the offender
2 threatened to kill the victim or any member of the
3 victim's family or household; or
4 (v) The person has been convicted in the last 10
5 years of a forcible felony as defined in Section 2-8 of
6 the Criminal Code of 1961.