Bill Amendment: IL HB3251 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIM CD-ILLEGAL ELECTRONIC MON
Status: 2017-08-18 - Public Act . . . . . . . . . 100-0166 [HB3251 Detail]
Download: Illinois-2017-HB3251-House_Amendment_001.html
Bill Title: CRIM CD-ILLEGAL ELECTRONIC MON
Status: 2017-08-18 - Public Act . . . . . . . . . 100-0166 [HB3251 Detail]
Download: Illinois-2017-HB3251-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3251
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2 | AMENDMENT NO. ______. Amend House Bill 3251 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 12-7.5 as follows:
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6 | (720 ILCS 5/12-7.5)
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7 | Sec. 12-7.5. Cyberstalking.
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8 | (a) A person commits cyberstalking when he or she engages | ||||||
9 | in a course of conduct using electronic communication directed | ||||||
10 | at a specific person, and he or she knows or should know that | ||||||
11 | would cause a reasonable person to: | ||||||
12 | (1) fear for his or her safety or the safety of a third | ||||||
13 | person; or | ||||||
14 | (2) suffer other emotional distress. | ||||||
15 | (a-3) A person commits cyberstalking when he or she, | ||||||
16 | knowingly and without
lawful justification, on at least 2 |
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1 | separate occasions, harasses another person
through the use of | ||||||
2 | electronic communication and:
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3 | (1) at any time transmits a threat of immediate or | ||||||
4 | future bodily harm,
sexual assault, confinement, or | ||||||
5 | restraint and the threat is directed towards
that person or | ||||||
6 | a family member of that person; or
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7 | (2) places that person or a family member of that | ||||||
8 | person in reasonable
apprehension of immediate or future | ||||||
9 | bodily harm, sexual assault, confinement,
or restraint; or
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10 | (3) at any time knowingly solicits the commission of an | ||||||
11 | act by any person which would be a violation of this Code | ||||||
12 | directed towards that person or a family member of that | ||||||
13 | person. | ||||||
14 | (a-4) A person commits cyberstalking when he or she | ||||||
15 | knowingly, surreptitiously, and without lawful justification, | ||||||
16 | installs or otherwise places electronic monitoring software or | ||||||
17 | spyware on an electronic communication device as a means to | ||||||
18 | harass another person and: | ||||||
19 | (1) at any time transmits a threat of immediate or | ||||||
20 | future bodily harm, sexual assault, confinement, or | ||||||
21 | restraint and the threat is directed towards that person or | ||||||
22 | a family member of that person; | ||||||
23 | (2) places that person or a family member of that | ||||||
24 | person in reasonable apprehension of immediate or future | ||||||
25 | bodily harm, sexual assault, confinement, or restraint; or | ||||||
26 | (3) at any time knowingly solicits the commission of an |
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1 | act by any person which would be a violation of this Code | ||||||
2 | directed towards that person or a family member of that | ||||||
3 | person. | ||||||
4 | For purposes of this Section, an installation or placement | ||||||
5 | is not surreptitious if: | ||||||
6 | (1) with respect to electronic software, hardware, or | ||||||
7 | computer applications, clear notice regarding the use of | ||||||
8 | the specific type of tracking software or spyware is | ||||||
9 | provided by the installer in advance to the owners and | ||||||
10 | primary users of the electronic software, hardware, or | ||||||
11 | computer application; or | ||||||
12 | (2) written or electronic consent of all owners and | ||||||
13 | primary users of the electronic software, hardware, or | ||||||
14 | computer application on which the tracking software or | ||||||
15 | spyware will be installed has been sought and obtained | ||||||
16 | through a mechanism that does not seek to obtain any other | ||||||
17 | approvals or acknowledgement from the owners and primary | ||||||
18 | users. | ||||||
19 | (a-5) A person commits cyberstalking when he or she, | ||||||
20 | knowingly and without lawful justification, creates and | ||||||
21 | maintains an Internet website or webpage which is accessible to | ||||||
22 | one or more third parties for a period of at least 24 hours, | ||||||
23 | and which contains statements harassing another person and: | ||||||
24 | (1) which communicates a threat of immediate or future | ||||||
25 | bodily harm, sexual assault, confinement, or restraint, | ||||||
26 | where the threat is directed towards that person or a |
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1 | family member of that person, or | ||||||
2 | (2) which places that person or a family member of that | ||||||
3 | person in reasonable apprehension of immediate or future | ||||||
4 | bodily harm, sexual assault, confinement, or restraint, or | ||||||
5 | (3) which knowingly solicits the commission of an act | ||||||
6 | by any person which would be a violation of this Code | ||||||
7 | directed towards that person or a family member of that | ||||||
8 | person.
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9 | (b) Sentence. Cyberstalking is a Class 4 felony; a second | ||||||
10 | or subsequent
conviction is a Class 3 felony.
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11 | (c) For purposes of this Section: | ||||||
12 | (1) "Course of conduct" means 2 or more acts, including | ||||||
13 | but not limited to acts in which a defendant directly, | ||||||
14 | indirectly, or through third parties, by any action, | ||||||
15 | method, device, or means follows, monitors, observes, | ||||||
16 | surveils, threatens, or communicates to or about, a person, | ||||||
17 | engages in other non-consensual contact, or interferes | ||||||
18 | with or damages a person's property or pet. The | ||||||
19 | incarceration in a penal institution of a person who | ||||||
20 | commits the course of conduct is not a bar to prosecution | ||||||
21 | under this Section. | ||||||
22 | (2) "Electronic communication" means any transfer of | ||||||
23 | signs, signals, writings, sounds, data, or intelligence of | ||||||
24 | any nature transmitted in whole or in part by a wire, | ||||||
25 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
26 | system. "Electronic communication" includes transmissions |
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1 | through an electronic device including, but not limited to, | ||||||
2 | a telephone, cellular phone, computer, or pager, which | ||||||
3 | communication includes, but is not limited to, e-mail, | ||||||
4 | instant message, text message, or voice mail. | ||||||
5 | (2.1) "Electronic communication device" means an | ||||||
6 | electronic device, including, but not limited to, a | ||||||
7 | wireless telephone, personal digital assistant, or a | ||||||
8 | portable or mobile computer. | ||||||
9 | (2.2) "Electronic monitoring software or spyware" | ||||||
10 | means software or an application that surreptitiously | ||||||
11 | tracks computer activity on a device and records and | ||||||
12 | transmits the information to third parties with the intent | ||||||
13 | to cause injury or harm. For the purposes of this paragraph | ||||||
14 | (2.2), "intent to cause injury or harm" does not include | ||||||
15 | activities carried out in furtherance of the prevention of | ||||||
16 | fraud or crime or of protecting the security of networks, | ||||||
17 | online services, applications, software, other computer | ||||||
18 | programs, users, or electronic communication devices or | ||||||
19 | similar devices. | ||||||
20 | (3) "Emotional distress" means significant mental | ||||||
21 | suffering, anxiety or alarm. | ||||||
22 | (4) "Harass"
means to engage in a knowing and willful | ||||||
23 | course of conduct directed at a
specific person
that | ||||||
24 | alarms, torments, or terrorizes that person. | ||||||
25 | (5) "Non-consensual contact" means any contact with | ||||||
26 | the victim that is initiated or continued without the |
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1 | victim's consent, including but not limited to being in the | ||||||
2 | physical presence of the victim; appearing within the sight | ||||||
3 | of the victim; approaching or confronting the victim in a | ||||||
4 | public place or on private property; appearing at the | ||||||
5 | workplace or residence of the victim; entering onto or | ||||||
6 | remaining on property owned, leased, or occupied by the | ||||||
7 | victim; or placing an object on, or delivering an object | ||||||
8 | to, property owned, leased, or occupied by the victim. | ||||||
9 | (6) "Reasonable person" means a person in the victim's | ||||||
10 | circumstances, with the victim's knowledge of the | ||||||
11 | defendant and the defendant's prior acts. | ||||||
12 | (7) "Third party" means any person other than the | ||||||
13 | person violating these provisions and the person or persons | ||||||
14 | towards whom the violator's actions are directed. | ||||||
15 | (d) Telecommunications carriers, commercial mobile service | ||||||
16 | providers, and providers of information services, including, | ||||||
17 | but not limited to, Internet service providers and hosting | ||||||
18 | service providers, are not liable under this Section, except | ||||||
19 | for willful and wanton misconduct, by virtue of the | ||||||
20 | transmission, storage, or caching of electronic communications | ||||||
21 | or messages of others or by virtue of the provision of other | ||||||
22 | related telecommunications, commercial mobile services, or | ||||||
23 | information services used by others in violation of this | ||||||
24 | Section. | ||||||
25 | (e) A defendant who directed the actions of a third party | ||||||
26 | to violate this Section, under the principles of accountability |
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1 | set forth in Article 5 of this Code, is guilty of violating | ||||||
2 | this Section as if the same had been personally done by the | ||||||
3 | defendant, without regard to the mental state of the third | ||||||
4 | party acting at the direction of the defendant. | ||||||
5 | (f) It is not a violation of this Section to: | ||||||
6 | (1) provide, protect, maintain, update, or upgrade | ||||||
7 | networks, online services, applications, software, other | ||||||
8 | computer programs, electronic communication devices, or | ||||||
9 | similar devices under the terms of use applicable to those | ||||||
10 | networks, services, applications, software, programs, or | ||||||
11 | devices; | ||||||
12 | (2) interfere with or prohibit terms or conditions in a | ||||||
13 | contract or license related to networks, online services, | ||||||
14 | applications, software, other computer programs, | ||||||
15 | electronic communication devices, or similar devices; or | ||||||
16 | (3) create any liability by reason of terms or | ||||||
17 | conditions adopted, or technical measures implemented, to | ||||||
18 | prevent the transmission of unsolicited electronic mail or | ||||||
19 | communications. | ||||||
20 | (Source: P.A. 96-328, eff. 8-11-09; 96-686, eff. 1-1-10; | ||||||
21 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-303, eff. | ||||||
22 | 8-11-11; 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)".
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