Bill Text: IL SB2741 | 2025-2026 | 104th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 2012. Deletes the amendatory changes to the hate crime statute. Restores the crime of harassment through electronic communications. In the crime of harassment by telephone, provides that a person commits the crime when he or she uses telephone communication for: (1) making any comment, request, suggestion, or proposal which is known or intended to cause another person significant emotional distress and would cause a reasonable person to experience significant emotional distress; or (2) making a telephone call, whether or not conversation ensues, with intent to threaten injury to, or the property of, any person at the called number or to any of his or her family or household members. In the harassment through electronic communications statute, provides that a person commits the crime when he or she uses electronic communication for: (1) making any comment, request, suggestion, or proposal which is known or intended to cause another person significant emotional distress and would cause a reasonable person to experience significant emotional distress; and (2) making repeated electronic communications, during which conversation or text or email messages ensue, solely to harass the person to whom the electronic communication is directed.
Sponsorship: Moderate Partisan Bill (Democrat 14-4)
Status: (Engrossed - Dead) 2026-06-30 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB2741 Detail]
Download: Illinois-2025-SB2741-Engrossed.html
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| 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 2012 is amended by | ||||||
| 5 | changing Sections 26.5-2 and 26.5-3 as follows: | ||||||
| 6 | (720 ILCS 5/26.5-2) | ||||||
| 7 | Sec. 26.5-2. Harassment by telephone. | ||||||
| 8 | (a) A person commits harassment by telephone when he or | ||||||
| 9 | she uses telephone communication for any of the following | ||||||
| 10 | purposes: | ||||||
| 11 | (1) Making any comment, request, suggestion or | ||||||
| 12 | proposal which is obscene, lewd, lascivious, filthy or | ||||||
| 13 | indecent with an intent to offend; | ||||||
| 14 | (1.1) Making any comment, request, suggestion, or | ||||||
| 15 | proposal which is known or intended to cause another | ||||||
| 16 | person significant emotional distress and would cause a | ||||||
| 17 | reasonable person to experience significant emotional | ||||||
| 18 | distress; | ||||||
| 19 | (2) Making a telephone call, whether or not | ||||||
| 20 | conversation ensues, with intent to abuse, threaten injury | ||||||
| 21 | to, or the property of, any person at the called number or | ||||||
| 22 | to any of his or her family or household members or harass | ||||||
| 23 | any person at the called number; | ||||||
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| 1 | (3) Making or causing the telephone of another | ||||||
| 2 | repeatedly to ring, with intent to harass any person at | ||||||
| 3 | the called number; | ||||||
| 4 | (4) Making repeated telephone calls, during which | ||||||
| 5 | conversation ensues, solely to harass any person at the | ||||||
| 6 | called number; | ||||||
| 7 | (5) Making a telephone call or knowingly inducing a | ||||||
| 8 | person to make a telephone call for the purpose of | ||||||
| 9 | harassing another person who is under 13 years of age, | ||||||
| 10 | regardless of whether the person under 13 years of age | ||||||
| 11 | consents to the harassment, if the defendant is at least | ||||||
| 12 | 16 years of age at the time of the commission of the | ||||||
| 13 | offense; or | ||||||
| 14 | (6) Knowingly permitting any telephone under one's | ||||||
| 15 | control to be used for any of the purposes mentioned | ||||||
| 16 | herein. | ||||||
| 17 | (b) Every telephone directory published for distribution | ||||||
| 18 | to members of the general public shall contain a notice | ||||||
| 19 | setting forth a summary of the provisions of this Section. The | ||||||
| 20 | notice shall be printed in type which is no smaller than any | ||||||
| 21 | other type on the same page and shall be preceded by the word | ||||||
| 22 | "WARNING". All telephone companies in this State shall | ||||||
| 23 | cooperate with law enforcement agencies in using their | ||||||
| 24 | facilities and personnel to detect and prevent violations of | ||||||
| 25 | this Article. | ||||||
| 26 | (Source: P.A. 97-1108, eff. 1-1-13.) | ||||||
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| 1 | (720 ILCS 5/26.5-3) | ||||||
| 2 | Sec. 26.5-3. Harassment through electronic communications. | ||||||
| 3 | (a) A person commits harassment through electronic | ||||||
| 4 | communications when he or she uses electronic communication | ||||||
| 5 | for any of the following purposes: | ||||||
| 6 | (1) Making any comment, request, suggestion or | ||||||
| 7 | proposal which is obscene with an intent to offend; | ||||||
| 8 | (1.1) Making any comment, request, suggestion, or | ||||||
| 9 | proposal which is known or intended to cause another | ||||||
| 10 | person significant emotional distress and would cause a | ||||||
| 11 | reasonable person to experience significant emotional | ||||||
| 12 | distress; | ||||||
| 13 | (2) Interrupting, with the intent to harass, the | ||||||
| 14 | telephone service or the electronic communication service | ||||||
| 15 | of any person, including transmitting any file, document, | ||||||
| 16 | or other communication which prevents that person from | ||||||
| 17 | using his or her telephone service or electronic | ||||||
| 18 | communications device; | ||||||
| 19 | (3) Transmitting to any person, with the intent to | ||||||
| 20 | harass, abuse, or threaten injury to, or the property of, | ||||||
| 21 | the person to whom an electronic communication is | ||||||
| 22 | directed, or to any of his or her family or household | ||||||
| 23 | members, and regardless of whether the communication is | ||||||
| 24 | read in its entirety or at all, any file, document, or | ||||||
| 25 | other communication which prevents that person from using | ||||||
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| 1 | his or her telephone service or electronic communications | ||||||
| 2 | device; | ||||||
| 3 | (4) Transmitting an electronic communication or | ||||||
| 4 | knowingly inducing a person to transmit an electronic | ||||||
| 5 | communication for the purpose of harassing another person | ||||||
| 6 | who is under 13 years of age, regardless of whether the | ||||||
| 7 | person under 13 years of age consents to the harassment, | ||||||
| 8 | if the defendant is at least 16 years of age at the time of | ||||||
| 9 | the commission of the offense; | ||||||
| 10 | (5) Making repeated electronic communications, during | ||||||
| 11 | which conversation or text or email messages ensue, solely | ||||||
| 12 | to harass the person to whom the electronic communication | ||||||
| 13 | is directed Threatening injury to the person or to the | ||||||
| 14 | property of the person to whom an electronic communication | ||||||
| 15 | is directed or to any of his or her family or household | ||||||
| 16 | members; or | ||||||
| 17 | (6) Knowingly permitting any electronic communications | ||||||
| 18 | device to be used for any of the purposes mentioned in this | ||||||
| 19 | subsection (a). | ||||||
| 20 | (b) Telecommunications carriers, commercial mobile service | ||||||
| 21 | providers, and providers of information services, including, | ||||||
| 22 | but not limited to, Internet service providers and hosting | ||||||
| 23 | service providers, are not liable under this Section, except | ||||||
| 24 | for willful and wanton misconduct, by virtue of the | ||||||
| 25 | transmission, storage, or caching of electronic communications | ||||||
| 26 | or messages of others or by virtue of the provision of other | ||||||
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| 1 | related telecommunications, commercial mobile services, or | ||||||
| 2 | information services used by others in violation of this | ||||||
| 3 | Section. | ||||||
| 4 | (Source: P.A. 97-1108, eff. 1-1-13.) | ||||||
