Bill Text: IL SB3202 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of cyber extortion. Provides that a person commits cyber extortion when he or she, with the intent to unlawfully extort money, property, or anything of value from another person, knowingly creates, places, or introduces without authorization into a computer, computer system, or computer network computer software that is designed to encrypt, lock, or otherwise restrict access or use in any way by an authorized user of the computer, computer system, or computer network. Provides that a person who has suffered a specific and direct injury because of a violation of this provision may bring a civil action in circuit court. Provides that in the civil action, the court may award actual damages, reasonable attorney's fees, and court costs. Provides that a conviction for cyber extortion is not a prerequisite for bringing an action under this provision. Provides that a violation is a Class 1 felony. Defines "computer system", "extort", and "software".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3202 Detail]

Download: Illinois-2017-SB3202-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3202 Introduced 2/15/2018, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
720 ILCS 5/17-52.6 new
720 ILCS 5/17-55
Amends the Criminal Code of 2012. Creates the offense of cyber extortion. Provides that a person commits cyber extortion when he or she, with the intent to unlawfully extort money, property, or anything of value from another person, knowingly creates, places, or introduces without authorization into a computer, computer system, or computer network computer software that is designed to encrypt, lock, or otherwise restrict access or use in any way by an authorized user of the computer, computer system, or computer network. Provides that a person who has suffered a specific and direct injury because of a violation of this provision may bring a civil action in circuit court. Provides that in the civil action, the court may award actual damages, reasonable attorney's fees, and court costs. Provides that a conviction for cyber extortion is not a prerequisite for bringing an action under this provision. Provides that a violation is a Class 1 felony. Defines "computer system", "extort", and "software".
LRB100 19689 RLC 34963 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB3202 LRB100 19689 RLC 34963 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 2012 is amended by changing
Section 17-55 and by adding Section 17-52.6 as follows:
(720 ILCS 5/17-52.6 new)
Sec. 17-52.6. Cyber extortion.
(a) A person commits cyber extortion when he or she, with
the intent to unlawfully extort money, property, or anything of
value from another person, knowingly creates, places, or
introduces without authorization into a computer, computer
system, or computer network computer software that is designed
to encrypt, lock, or otherwise restrict access or use in any
way by an authorized user of the computer, computer system, or
computer network.
(b) A person who has suffered a specific and direct injury
because of a violation of this Section may bring a civil action
in circuit court. In a civil action under this subsection (b),
the court may award actual damages, reasonable attorney's fees,
and court costs. A conviction for cyber extortion is not a
prerequisite for bringing an action under this subsection (b).
(c) Sentence. Cyber extortion is a Class 1 felony.

SB3202 - 2 - LRB100 19689 RLC 34963 b
(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.
"Computer system" means one or more connected or
unconnected computers, peripheral devices, computer software,
data, or computer programs.
"Extort" means to obtain money, property, labor, services,
or anything of value from another person with the person's
consent, if the consent is induced by the unlawful use of
actual or threatened: (1) force or violence; or (2) economic
injury.
"Services" includes but is not limited to computer time,

SB3202 - 3 - LRB100 19689 RLC 34963 b
data manipulation, or storage functions.
"Software" means a computer program, an instruction, a
procedure, or an associated document regarding the operation of
a computer system.
"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.)