Bill Text: IL HB4642 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 1961 relating to computer tampering. In addition to other elements of the offense, provides that a person commits the offense when he or she knowingly and without the authorization of an account holder or in excess of the authority granted to him or to her accesses or causes to be accessed by any means an e-mail, instant messaging, or social networking website account. Defines "account holder". Establishes penalties. Amends the Harassing and Obscene Communications Act. Includes in the offense of harassment through electronic communications, knowingly and by any means making repeated, unwanted, and harassing communication to another person.

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4642 Detail]

Download: Illinois-2011-HB4642-Engrossed.html

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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
Sections 17-51 and 17-55 as follows:
(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
Sec. 17-51. Computer tampering.
(a) A person commits computer tampering when he or she
knowingly and without the authorization of a computer's owner
or in excess of the authority granted to him or her:
(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
know that such program contains information or commands
that will or may:

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(A) damage or destroy that computer, or any other
computer subsequently accessing or being accessed by
that computer;
(B) 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
(C) cause loss to the users of that computer or the
users of a computer which accesses or which is accessed
by such program; or
(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-1) A person commits computer tampering when he or she
knowingly and without the authorization of an account holder or
in excess of the authority granted to him or to her:
(1) accesses or causes to be accessed by any means an
electronic mail (e-mail), instant messaging, or social
networking website account;
(2) accesses or causes to be accessed by any means an
electronic mail (e-mail), instant messaging, or social
networking website account, and views the content of an
electronic communication; or
(3) accesses or causes to be accessed by any means a

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computer or any part thereof, a computer network,
electronic mail (e-mail), instant messaging, or social
networking website account, and:
(A) deletes an electronic communication;
(B) transmits an electronic communication
purporting to be the account holder; or
(C) changes the password for the account;
(4) accesses or causes to be accessed by any means a
social networking website account, and:
(A) alters the privacy settings for the account
holder's account; or
(B) gives himself, herself, or another access to
view private content on the account holder's social
networking website account; or
(5) accesses or causes to be accessed by any means a
computer or any part thereof, a computer network,
electronic mail (e-mail) account, instant messaging
account, social networking website account and adds,
deletes, or alters content.
(a-5) Distributing software to falsify routing
information. It is 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

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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 computer tampering as set
forth in subdivision (a)(1) or (a)(5) or subsection (a-5)
of this Section is guilty of a Class B misdemeanor.

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(2) A person who commits computer tampering as set
forth in subdivision (a)(2) of this Section is guilty of a
Class A misdemeanor and a Class 4 felony for the second or
subsequent offense.
(3) A person who commits computer tampering as set
forth in subdivision (a)(3) or (a)(4) of this Section is
guilty of a Class 4 felony and a Class 3 felony for the
second or subsequent offense.
(3.1) A person who commits computer tampering as set
forth in subdivision (a-1)(1) of this Section is guilty of
a Class B misdemeanor for which the court shall impose a
minimum fine of $500 or, if public or community service is
established in the county in which the offender was
convicted, 30 hours of public or community service.
(3.2) A person who commits computer tampering as set
forth in subdivision (a-1)(2) or (a-1)(4) of this Section
is guilty of a Class A misdemeanor for a first violation
for which the court shall impose a minimum fine of $1,000
or, if public or community service is established in the
county in which the offender was convicted, 80 hours of
public or community service and a Class 4 felony for a
second or subsequent violation.
(3.3) A person who commits computer tampering as set
forth in subdivision (a-1)(3) or (a-1)(5) of this Section
is guilty of a Class 4 felony.
(4) If an injury arises from the transmission of

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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
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 an 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 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
subdivision (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.

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(Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10;
96-1551, eff. 7-1-11.)
(720 ILCS 5/17-55)
Sec. 17-55. Definitions. For the purposes of Sections 17-50
through 17-53:
In addition to its meaning as defined in Section 15-1 of
this Code, "property" means: (1) electronic impulses; (2)
electronically produced data; (3) confidential, copyrighted,
or proprietary information; (4) private identification codes
or numbers which permit access to a computer by authorized
computer users or generate billings to consumers for purchase
of goods and services, including but not limited to credit card
transactions and telecommunications services or permit
electronic fund transfers; (5) software or programs in either
machine or human readable form; or (6) any other tangible or
intangible item relating to a computer or any part thereof.
"Access" means to use, instruct, communicate with, store
data in, retrieve or intercept data from, or otherwise utilize
any services of, a computer, a network, or data.
"Account holder" means the person or entity to whom or to
which an electronic mail or instant message service account,
social networking website profile, or other virtual identity is
registered.
"Services" includes but is not limited to computer time,
data manipulation, or storage functions.

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"Vital services or operations" means those services or
operations required to provide, operate, maintain, and repair
network cabling, transmission, distribution, or computer
facilities necessary to ensure or protect the public health,
safety, or welfare. Those services or operations include, but
are not limited to, services provided by medical personnel or
institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia
personnel, private and public utility companies, or law
enforcement agencies.
(Source: P.A. 96-1551, eff. 7-1-11.)
Section 10. The Harassing and Obscene Communications Act is
amended by changing Sections 1-2 and 2 as follows:
(720 ILCS 135/1-2)
Sec. 1-2. Harassment through electronic communications.
(a) Harassment through electronic communications is the
use of electronic communication for any of the following
purposes:
(1) Transmitting Making any comment, request,
suggestion or proposal which is obscene with an intent to
offend;
(2) Interrupting, with the intent to harass, the
telephone service or the electronic communication service
of any person;

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(3) Transmitting to any person, with the intent to
harass and regardless of whether the communication is read
in its entirety or at all, any file, document, or other
communication which prevents that person from using his or
her telephone service or electronic communications device;
(3.1) Transmitting an electronic communication or
knowingly inducing a person to transmit an electronic
communication for the purpose of harassing another person
who is under 13 years of age, regardless of whether the
person under 13 years of age consents to the harassment, if
the defendant is at least 16 years of age at the time of
the commission of the offense;
(4) Threatening injury to the person or to the property
of the person to whom an electronic communication is
directed or to any of his or her family or household
members; or
(4.1) Knowingly and by any means making repeated,
unwanted, and harassing communication to another person
within one week by transmitting any comment, request,
suggestion, or proposal which is obscene with an intent to
offend; or
(5) Knowingly permitting any electronic communications
device to be used for any of the purposes mentioned in this
subsection (a).
(b) As used in this Act:
(1) "Electronic communication" means any transfer of

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signs, signals, writings, images, sounds, data or
intelligence of any nature transmitted in whole or in part
by a wire, radio, electromagnetic, photoelectric or
photo-optical system. "Electronic communication" includes
transmissions through an electronic device including, but
not limited to, a telephone, cellular phone, computer, or
pager, which communication includes, but is not limited to,
e-mail, instant message, text message, or voice mail.
(2) "Family or household member" includes spouses,
former spouses, parents, children, stepchildren and other
persons related by blood or by present or prior marriage,
persons who share or formerly shared a common dwelling,
persons who have or allegedly share a blood relationship
through a child, persons who have or have had a dating or
engagement relationship, and persons with disabilities and
their personal assistants. For purposes of this Act,
neither a casual acquaintanceship nor ordinary
fraternization between 2 individuals in business or social
contexts shall be deemed to constitute a dating
relationship.
(c) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications

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or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 96-328, eff. 8-11-09; 97-303, eff. 8-11-11.)
(720 ILCS 135/2) (from Ch. 134, par. 16.5)
Sec. 2. Sentence.
(a) Except as provided in subsection (b), a person who
violates any of the provisions of Section 1, 1-1, or 1-2, other
than paragraph (4.1) of subsection (a) of Section 1-2, of this
Act is guilty of a Class B misdemeanor. Except as provided in
subsection (b), a violation of paragraph (4.1) of subsection
(a) of Section 1-2 is a Class A misdemeanor. Except as provided
in subsection (b), a second or subsequent violation of Section
1, 1-1, or 1-2 of this Act is a Class A misdemeanor, for which
the court shall impose a minimum of 14 days in jail or, if
public or community service is established in the county in
which the offender was convicted, 240 hours of public or
community service.
(b) In any of the following circumstances, a person who
violates Section 1, 1-1, or 1-2 of this Act shall be guilty of
a Class 4 felony:
(1) The person has 3 or more prior violations in the
last 10 years of harassment by telephone under Section 1-1
of this Act, harassment through electronic communications

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under Section 1-2 of this Act, or any similar offense of
any state;
(2) The person has previously violated the harassment
by telephone provisions of Section 1-1 of this Act or the
harassment through electronic communications provisions of
Section 1-2 of this Act or committed any similar offense in
any state with the same victim or a member of the victim's
family or household;
(3) At the time of the offense, the offender was under
conditions of bail, probation, mandatory supervised
release or was the subject of an order of protection, in
this or any other state, prohibiting contact with the
victim or any member of the victim's family or household;
(4) In the course of the offense, the offender
threatened to kill the victim or any member of the victim's
family or household;
(5) The person has been convicted in the last 10 years
of a forcible felony as defined in Section 2-8 of the
Criminal Code of 1961;
(6) The person violates paragraph (4.1) of Section 1-1
or paragraph (3.1) of subsection (a) of Section 1-2; or
(7) The person was at least 18 years of age at the time
of the commission of the offense and the victim was under
18 years of age at the time of the commission of the
offense.
(Source: P.A. 95-984, eff. 6-1-09.)