State of Illinois
92nd General Assembly
Legislation

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92_HB0228

 
                                               LRB9202516RCdv

 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
 5    adding Section 16D-5.5 as follows:

 6        (720 ILCS 5/16D-5.5 new)
 7        Sec.  16D-5.5.  Computerized dissemination of information
 8    in furtherance of gang-related activity.
 9        (a)  A  person  commits  the  offense   of   computerized
10    dissemination  of  information in furtherance of gang-related
11    activity when he or she, by use of the Internet or an on-line
12    service, disseminates any verbal, written, or pictorial items
13    or imagery used by a criminal street gang and distributed  in
14    furtherance  of  the  activities  of the criminal street gang
15    including, but not limited to, recruiting or  aiding  in  the
16    recruitment  of  criminal street gang members, communications
17    between criminal street gang members, or communications  from
18    criminal  street  gang members to the general public offering
19    gang-related goods or services for sale, including controlled
20    substances.
21        (b)  Defenses.  It is not a violation of this Section to:
22             (1)  Disseminate  gang-related  data   communication
23        between  law  enforcement  agencies  or  law  enforcement
24        officers;
25             (2)  Disseminate    gang-related   information   for
26        purposes of law enforcement,  including  posting  of  Web
27        pages  by  law  enforcement  agencies  or law enforcement
28        officers to inform the public of the existence of imagery
29        of specified criminal street gangs; or
30             (3)  Disseminate   gang-related   information    for
31        purposes of news gathering and news publication.
 
                            -2-                LRB9202516RCdv
 1        (c)  Sentence.  Computerized dissemination of information
 2    in furtherance of gang-related activity is a Class 4 felony.
 3        (d)  Definitions.  For purposes of this Section:
 4             (1)  "Criminal  street gang" and "gang-related" have
 5        the meanings ascribed  to  them  in  Section  10  of  the
 6        Illinois Streetgang Terrorism Omnibus Prevention Act.
 7             (2)  "Internet"   includes   the   World  Wide  Web,
 8        electronic  mail,  a  message  board,  a  chat  area,   a
 9        newsgroup posting, or Internet file transfer.

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