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| Public Act 093-0701 |
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AN ACT concerning cable television.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by | ||||
changing
Section 16-20 as follows:
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(720 ILCS 5/16-20)
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Sec. 16-20. Criminal penalties.
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(a) Except for violations of Section 16-19 as provided for | ||||
in subsection
(b)
or (c) of this Section, a person
who violates | ||||
Section 16-19 is guilty of a Class A misdemeanor.
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(b) An offense under Section 16-19 is a Class 4 felony if:
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(1) the defendant has been convicted previously under | ||||
Section 16-19
or
convicted of any
similar crime in this or | ||||
any federal or other state jurisdiction; or
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(2) the violation of Section 16-19 involves at least | ||||
10, but not more
than
50, unlawful
communication or access | ||||
devices; or .
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(3) a person engages in conduct identified in | ||||
subdivision (3) of Section
16-19 for the purpose of, and | ||||
with the intention of, substantially disrupting
and | ||||
impairing the ability of a communication service provider | ||||
to deliver
communication services to its lawful customers | ||||
or subscribers.
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(c) An offense under Section 16-19 is a Class 3 felony if:
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(1) the defendant has been convicted previously on 2 or | ||||
more occasions
for
offenses under
Section 16-19 or for any | ||||
similar crime in this or any federal or other state
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jurisdiction; or
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(2) the violation of Section 16-19 involves more than | ||||
50 unlawful
communication or access
devices.
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(d) For purposes of grading an offense based upon a prior | ||||
conviction under
Section 16-19 or for any
similar crime under | ||||
subdivisions (b)(1) and (c)(1) of this Section, a prior
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conviction shall consist of convictions
upon separate | ||
indictments or criminal complaints for offenses under Section
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16-19 or any similar crime in this or any
federal or other | ||
state jurisdiction.
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(e) As provided for in subdivisions (b)(1) and (c)(1) of | ||
this Section, in
grading an offense under Section
16-19 based | ||
upon a prior conviction, the term "any similar crime" shall
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include, but not be limited to, offenses
involving theft of | ||
service or fraud, including violations of the Cable
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Communications Policy Act of 1984 (Public
Law 98-549, 98 Stat. | ||
2779).
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(f) Separate offenses. For purposes of all criminal | ||
penalties or fines
established for violations of Section
16-19, | ||
the prohibited activity established in Section 16-19 as it | ||
applies to
each
unlawful communication or access device shall
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be deemed a separate offense.
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(g) Fines. For purposes of imposing fines upon conviction | ||
of a defendant
for
an offense under Section 16-19, all fines | ||
shall be imposed in accordance with
Article 9 of Chapter V of | ||
the
Unified Code
of Corrections.
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(h) Restitution. The court shall, in addition to any other | ||
sentence
authorized by law, sentence a person
convicted of | ||
violating Section 16-19 to make restitution in the manner | ||
provided
in Article 5 of Chapter V of the Unified Code of
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Corrections.
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(i) Forfeiture of unlawful communication or access | ||
devices. Upon conviction
of
a defendant under Section
16-19, | ||
the court may, in addition to any other sentence authorized by | ||
law,
direct that the defendant forfeit any
unlawful | ||
communication or access devices in the defendant's possession | ||
or
control which were involved in the
violation for which the | ||
defendant was convicted.
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(j) Venue. An offense under Section 16-19 may be deemed to | ||
have been
committed
at either the place where
the defendant | ||
manufactured or assembled an unlawful communication or access
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device, or assisted others in doing so,
or the place where the | ||
unlawful communication or access device was sold or
delivered | ||
to a purchaser or recipient. It is not a
defense to a violation | ||
of Section 16-19 that some of the acts constituting the
offense | ||
occurred outside of the State of
Illinois.
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(Source: P.A. 92-728, eff. 1-1-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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