State of Illinois
92^nd General Assembly
Legislation

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92_HB5657eng

 
HB5657 Engrossed                               LRB9214602LBtm

 1        AN ACT concerning criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Criminal Code  of  1961  is  amended  by
 5    adding Section 16D-5.1 as follows:

 6        (720 ILCS 5/16D-5.1 new)
 7        Sec. 16D-5.1.  Facilitating theft of on-line services.
 8        (a)  A  person  commits the offense of facilitating theft
 9    of on-line services who knowingly:
10             (1)  makes, obtains, possesses, or uses  a  computer
11        or other electronic device, or computer software with the
12        capability to gain unauthorized access to a commercial or
13        non-commercial   on-line   service  or  computerized  web
14        intended  to  gather  and  disseminate   information   by
15        electronic  means,  and  uses the electronic machinery or
16        computer software in his or her possession or use to gain
17        unauthorized access to an on-line service or  information
18        web; or
19             (2)  sells,   distributes,   gives,   or   otherwise
20        transfers  to another, or offers, promotes, or advertises
21        a computer or electronic device or computer software with
22        the  capability  to  gain  unauthorized   access   to   a
23        commercial   or   non-commercial   on-line   service   or
24        computerized  web  intended  to  gather  and  disseminate
25        information  by  electronic  means,  under  circumstances
26        evidencing  an intent to use or employ these items, or to
27        allow them to be used or employed,  for  the  purpose  of
28        gaining   unauthorized   access   to   a   commercial  or
29        non-commercial  on-line  service  or   computerized   web
30        intended   to   gather  and  disseminate  information  by
31        electronic means.
 
HB5657 Engrossed            -2-                LRB9214602LBtm
 1        (b)  Sentence.  Facilitating theft of on-line services is
 2    a Class A misdemeanor when the  aggregate  value  of  service
 3    obtained  is  less  than  $300  and a Class 4 felony when the
 4    aggregate value of service obtained is $300 or more.   For  a
 5    second  or  subsequent offense, or if the person convicted of
 6    the offense has been  previously  convicted  of  any  similar
 7    crime  in  this  or  any other state or federal jurisdiction,
 8    facilitating theft of on-line services is a Class 2 felony.

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