Public Act 095-0326
 
SB0142 Enrolled LRB095 06386 RLC 26483 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 16D-3 as follows:
 
    (720 ILCS 5/16D-3)  (from Ch. 38, par. 16D-3)
    Sec. 16D-3. Computer Tampering.
    (a) A person commits the offense of computer tampering when
he knowingly and without the authorization of a computer's
owner, as defined in Section 15-2 of this Code, or in excess of
the authority granted to him:
        (1) Accesses or causes to be accessed a computer or any
    part thereof, a computer network, or a program or data;
        (2) Accesses or causes to be accessed a computer or any
    part thereof, a computer network, or a program or data, and
    obtains data or services;
        (3) Accesses or causes to be accessed a computer or any
    part thereof, a computer network, or a program or data, and
    damages or destroys the computer or alters, deletes or
    removes a computer program or data;
        (4) Inserts or attempts to insert a "program" into a
    computer or computer program knowing or having reason to
    believe that such "program" contains information or
    commands that will or may damage or destroy that computer,
    or any other computer subsequently accessing or being
    accessed by that computer, or that will or may alter,
    delete or remove a computer program or data from that
    computer, or any other computer program or data in a
    computer subsequently accessing or being accessed by that
    computer, or that will or may cause loss to the users of
    that computer or the users of a computer which accesses or
    which is accessed by such "program";
        (5) Falsifies or forges electronic mail transmission
    information or other routing information in any manner in
    connection with the transmission of unsolicited bulk
    electronic mail through or into the computer network of an
    electronic mail service provider or its subscribers;
    (a-5) It shall be unlawful for any person knowingly to
sell, give, or otherwise distribute or possess with the intent
to sell, give, or distribute software which (1) is primarily
designed or produced for the purpose of facilitating or
enabling the falsification of electronic mail transmission
information or other routing information; (2) has only a
limited commercially significant purpose or use other than to
facilitate or enable the falsification of electronic mail
transmission information or other routing information; or (3)
is marketed by that person or another acting in concert with
that person with that person's knowledge for use in
facilitating or enabling the falsification of electronic mail
transmission information or other routing information.
    (a-10) For purposes of subsection (a), accessing a computer
network is deemed to be with the authorization of a computer's
owner if:
        (1) the owner authorizes patrons, customers, or guests
    to access the computer network and the person accessing the
    computer network is an authorized patron, customer, or
    guest and complies with all terms or conditions for use of
    the computer network that are imposed by the owner; or
        (2) the owner authorizes the public to access the
    computer network and the person accessing the computer
    network complies with all terms or conditions for use of
    the computer network that are imposed by the owner.
    (b) Sentence.
        (1) A person who commits the offense of computer
    tampering as set forth in subsection (a)(1), (a)(5), or
    (a-5) of this Section shall be guilty of a Class B
    misdemeanor.
        (2) A person who commits the offense of computer
    tampering as set forth in subsection (a)(2) of this Section
    shall be guilty of a Class A misdemeanor and a Class 4
    felony for the second or subsequent offense.
        (3) A person who commits the offense of computer
    tampering as set forth in subsection (a)(3) or subsection
    (a)(4) of this Section shall be guilty of a Class 4 felony
    and a Class 3 felony for the second or subsequent offense.
        (4) If the injury arises from the transmission of
    unsolicited bulk electronic mail, the injured person,
    other than an electronic mail service provider, may also
    recover attorney's fees and costs, and may elect, in lieu
    of actual damages, to recover the lesser of $10 for each
    and every unsolicited bulk electronic mail message
    transmitted in violation of this Section, or $25,000 per
    day. The injured person shall not have a cause of action
    against the electronic mail service provider that merely
    transmits the unsolicited bulk electronic mail over its
    computer network.
        (5) If the injury arises from the transmission of
    unsolicited bulk electronic mail, an injured electronic
    mail service provider may also recover attorney's fees and
    costs, and may elect, in lieu of actual damages, to recover
    the greater of $10 for each and every unsolicited
    electronic mail advertisement transmitted in violation of
    this Section, or $25,000 per day.
        (6) The provisions of this Section shall not be
    construed to limit any person's right to pursue any
    additional civil remedy otherwise allowed by law.
    (c) Whoever suffers loss by reason of a violation of
subsection (a)(4) of this Section may, in a civil action
against the violator, obtain appropriate relief. In a civil
action under this Section, the court may award to the
prevailing party reasonable attorney's fees and other
litigation expenses.
(Source: P.A. 91-233, eff. 1-1-00.)