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91_HB0791
LRB9104584RCks
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 16D-5.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 16D-5.1 as follows:
7 (720 ILCS 5/16D-5.1 new)
8 Sec. 16D-5.1. Facilitating theft of on-line services.
9 (a) A person commits the offense of facilitating theft
10 of on-line services who knowingly:
11 (1) Makes, obtains, possesses, or uses a computer
12 or other electronic device, or computer software with the
13 capability to gain unauthorized access to a commercial or
14 non-commercial on-line service or computerized web
15 intended to gather and disseminate information by
16 electronic means, and uses the electronic machinery or
17 computer software in his or her possession or use to gain
18 unauthorized access to an on-line service or information
19 web; or
20 (2) Sells, distributes, gives, or otherwise
21 transfers to another, or offers, promotes, or advertises
22 a computer or electronic device or computer software with
23 the capability to gain unauthorized access to a
24 commercial or non-commercial on-line service or
25 computerized web intended to gather and disseminate
26 information by electronic means, under circumstances
27 evidencing an intent to use or employ these items, or to
28 allow them to be used or employed, for the purpose of
29 gaining unauthorized access to a commercial or
30 non-commercial on-line service or computerized web
31 intended to gather and disseminate information by
-2- LRB9104584RCks
1 electronic means.
2 (b) Sentence. Facilitating theft of on-line services is
3 a Class A misdemeanor when the aggregate value of service
4 obtained is less than $300 and a Class 4 felony when the
5 aggregate value of service obtained is $300 or more. For a
6 second or subsequent offense, or if the person convicted of
7 the offense has been previously convicted of any similar
8 crime in this or any other state or federal jurisdiction,
9 facilitating theft of on-line services is a Class 2 felony.