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91_HB2898
LRB9108881RCks
1 AN ACT to amend the Harassing and Obscene Communications
2 Act by changing Section 1-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Harassing and Obscene Communications Act
6 is amended by changing Section 1-2 as follows:
7 (720 ILCS 135/1-2)
8 Sec. 1-2. Harassment through electronic communications.
9 (a) Harassment through electronic communications is the
10 use of electronic communication for any of the following
11 purposes:
12 (1) Making any comment, request, suggestion or
13 proposal which is obscene with an intent to offend;
14 (2) Interrupting, with the intent to harass, the
15 telephone service or the electronic communication service
16 of any person;
17 (3) Transmitting to any person, with the intent to
18 harass and regardless of whether the communication is
19 read in its entirety or at all, any file, document, or
20 other communication which prevents that person from using
21 his or her telephone service or electronic communications
22 device;
23 (4) Threatening injury to the person or to the
24 property of the person to whom an electronic
25 communication is directed or to any of his or her family
26 or household members; or
27 (4.5) Repeatedly activating an electronic
28 communications device with the intent to harass a person;
29 or
30 (5) Knowingly permitting any electronic
31 communications device to be used for any of the purposes
-2- LRB9108881RCks
1 mentioned in this subsection (a).
2 (b) As used in this Act:
3 (1) "Electronic communication" means any transfer
4 of signs, signals, writings, images, sounds, data or
5 intelligence of any nature transmitted in whole or in
6 part by a wire, radio, electromagnetic, photoelectric or
7 photo-optical system.
8 (2) "Family or household member" includes spouses,
9 former spouses, parents, children, stepchildren and other
10 persons related by blood or by present or prior marriage,
11 persons who share or formerly shared a common dwelling,
12 persons who have or allegedly share a blood relationship
13 through a child, persons who have or have had a dating or
14 engagement relationship, and persons with disabilities
15 and their personal assistants. For purposes of this Act,
16 neither a casual acquaintanceship nor ordinary
17 fraternization between 2 individuals in business or
18 social contexts shall be deemed to constitute a dating
19 relationship.
20 (Source: P.A. 90-578, eff. 6-1-98.)