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91_HB1111
LRB9103656RCks
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 access to a commercial or
14 non-commercial on-line service not authorized by the
15 on-line service provider intended to gather and
16 disseminate information by electronic means, and uses the
17 electronic machinery or computer software in his or her
18 possession or use to gain access to an on-line service
19 not authorized by the on-line service provider; 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 access to a commercial or
24 non-commercial on-line service not authorized by the
25 on-line service provider intended to gather and
26 disseminate information by electronic means, under
27 circumstances evidencing an intent to use or employ these
28 items, or to allow them to be used or employed, for the
29 purpose of gaining access to a commercial or
30 non-commercial on-line service not authorized by the
31 on-line service provider intended to gather and
-2- LRB9103656RCks
1 disseminate information by 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.