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| Public Act 095-0849 |
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AN ACT concerning criminal law, which may be referred to as | ||||
the Cyberbullying Law.
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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 12-7.5 as follows:
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(720 ILCS 5/12-7.5)
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Sec. 12-7.5. Cyberstalking.
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(a) A person commits cyberstalking when he or she, | ||||
knowingly and without
lawful justification, on at least 2 | ||||
separate occasions, harasses another person
through the use of | ||||
electronic communication and:
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(1) at any time transmits a threat of immediate or | ||||
future bodily harm,
sexual assault, confinement, or | ||||
restraint and the threat is directed towards
that person or | ||||
a family member of that person, or
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(2) places that person or a family member of that | ||||
person in reasonable
apprehension of immediate or future | ||||
bodily harm, sexual assault, confinement,
or restraint; or | ||||
.
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(3) at any time knowingly solicits the commission of an | ||||
act by any person which would be a violation of this Code | ||||
directed towards that person or a family member of that | ||||
person. | ||
(a-5) A person commits cyberstalking when he or she, | ||
knowingly and without lawful justification, creates and | ||
maintains an Internet website or webpage which is accessible to | ||
one or more third parties for a period of at least 24 hours, | ||
and which contains statements harassing another person and: | ||
(1) which communicates a threat of immediate or future | ||
bodily harm, sexual assault, confinement, or restraint, | ||
where the threat is directed towards that person or a | ||
family member of that person, or | ||
(2) which places that person or a family member of that | ||
person in reasonable apprehension of immediate or future | ||
bodily harm, sexual assault, confinement, or restraint, or | ||
(3) which knowingly solicits the commission of an act | ||
by any person which would be a violation of this Code | ||
directed towards that person or a family member of that | ||
person. | ||
(b) As used in this Section:
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"Harass"
means to engage in a knowing and willful course of | ||
conduct directed at a
specific person
that alarms, torments, or | ||
terrorizes that person.
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"Third party" means any person other than the person | ||
violating these provisions and the person or persons towards | ||
whom the violator's actions are directed. | ||
"Electronic communication" means any
transfer of signs, | ||
signals, writings, sounds, data, or intelligence of any
nature | ||
transmitted in whole or in part by a wire, radio, | ||
electronmagnetic,
photoelectric, or photo-optical system. | ||
"Electronic communication" includes
transmissions by a
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computer through the Internet to another computer.
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(c) Sentence. Cyberstalking is a Class 4 felony. A second | ||
or subsequent
conviction for cyberstalking is a Class 3 felony.
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(d) 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 | ||
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. 92-199, eff. 8-1-01.)
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Section 10. The Harassing and Obscene Communications Act is | ||
amended by changing Section 1-2 as follows:
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(720 ILCS 135/1-2)
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Sec. 1-2. Harassment through electronic communications.
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(a) Harassment through electronic communications is the | ||
use of electronic
communication for any of the following | ||
purposes:
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(1) Making any comment, request, suggestion or | ||
proposal which is obscene
with an intent to offend;
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(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
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her telephone service or electronic communications device;
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(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;
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(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
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(5) Knowingly permitting any electronic communications | ||
device to be used
for any of the purposes mentioned in this | ||
subsection (a).
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(b) As used in this Act:
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(1) "Electronic communication" means any transfer of | ||
signs, signals,
writings, images, sounds, data or | ||
intelligence of any nature transmitted in
whole or in part | ||
by a wire, radio, electromagnetic, photoelectric or
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photo-optical system. "Electronic communication" includes | ||
transmissions by a computer through the Internet to another | ||
computer.
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(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
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relationship.
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(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 | ||
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. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
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