There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 16D - Computer Crime
(720 ILCS 5/16D‑1) (from Ch. 38, par. 16D‑1)
Sec. 16D‑1.
Short title.
This Article shall be known and may be cited
as the "Computer Crime Prevention Law".
(Source: P.A. 85‑926.)
|
(720 ILCS 5/16D‑2) (from Ch. 38, par. 16D‑2)
Sec. 16D‑2.
Definitions.
As used in this Article, unless the context
otherwise indicates:
(a) "Computer" means a device that accepts, processes, stores, retrieves
or outputs data, and includes but is not limited to auxiliary storage and
telecommunications devices connected to computers.
(a‑5) "Computer network" means a set of related, remotely connected
devices and any communications facilities including more than one
computer with the capability to transmit data among them through the
communications facilities.
(b) "Computer program" or "program" means a series of coded instructions or
statements in a form acceptable to a computer which causes the computer to
process data and supply the results of the data processing.
(b‑5) "Computer services" means computer time or services, including data
processing services, Internet services, electronic mail services, electronic
message services, or information or data stored in connection therewith.
(c) "Data" means a representation of information, knowledge, facts, concepts
or instructions, including program documentation, which is prepared in a
formalized manner and is stored or processed in or transmitted by a computer.
Data shall be considered property and may be in any form including but not
limited to printouts, magnetic or optical storage media, punch cards or
data stored internally in the memory of the computer.
(c‑5) "Electronic mail service provider" means any person who (1) is an
intermediary in sending or receiving electronic mail and (2) provides to
end‑users of electronic mail services the ability to send or receive electronic
mail.
(d) In addition to its meaning as defined in Section 15‑1 of this Code,
"property" means: (1) electronic impulses;
(2) electronically produced data; (3) confidential, copyrighted or proprietary
information; (4) private identification codes or numbers which permit access to
a computer by authorized computer users or generate billings to consumers
for purchase of goods and services, including but not limited to credit
card transactions and telecommunications services or permit electronic fund
transfers; (5) software or programs in either machine or human readable
form; or (6) any other tangible or intangible item relating to a computer
or any part thereof.
(e) "Access" means to use, instruct, communicate with, store data
in, retrieve or intercept data from, or otherwise utilize any services
of a computer.
(f) "Services" includes but is not limited to computer time, data
manipulation or storage functions.
(g) "Vital services or operations" means those services or operations
required to provide, operate, maintain, and repair network cabling,
transmission, distribution, or computer facilities necessary to ensure or
protect the public health, safety, or welfare. Public health, safety, or
welfare include, but are not limited to, services provided by medical
personnel or institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia personnel, private
and public utility companies, or law enforcement agencies.
(Source: P.A. 91‑233, eff. 1‑1‑00.)
|
(720 ILCS 5/16D‑3) (from Ch. 38, par. 16D‑3)
Sec. 16D‑3.
Computer Tampering.
(a) A person commits the offense of
computer tampering when he knowingly and without the authorization of a
computer's owner, as defined in Section 15‑2 of this Code, or in excess of
the authority granted to him:
(1) Accesses or causes to be accessed a computer or | ||
|
||
(2) Accesses or causes to be accessed a computer or | ||
|
||
(3) Accesses or causes to be accessed a computer or | ||
|
||
(4) Inserts or attempts to insert a "program" into a | ||
|
||
(5) Falsifies or forges electronic mail transmission | ||
|
||
(a‑5) It shall be unlawful for any person knowingly to sell, give, or
otherwise
distribute or possess with the intent to sell, give, or distribute software
which
(1) is primarily designed or produced for the purpose of facilitating or
enabling the falsification of electronic mail transmission information or
other routing information; (2) has only a limited commercially significant
purpose or use other than to facilitate or enable the falsification of
electronic
mail transmission information or other routing information; or (3) is
marketed by that person or another acting in concert with that person with
that person's knowledge for use in facilitating or enabling the falsification
of
electronic mail transmission information or other routing information.
(b) Sentence.
(1) A person who commits the offense of computer | ||
|
||
(2) A person who commits the offense of computer | ||
|
||
(3) A person who commits the offense of computer | ||
|
||
(4) If the injury arises from the transmission of | ||
|
||
(5) If the injury arises from the transmission of | ||
|
||
(6) The provisions of this Section shall not be | ||
|
||
(c) Whoever suffers loss by reason of a violation of subsection (a)(4)
of this Section may, in a civil action against the violator, obtain
appropriate relief. In
a civil action under this Section, the court may award to the prevailing
party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 91‑233, eff. 1‑1‑00.)
|
(720 ILCS 5/16D‑4) (from Ch. 38, par. 16D‑4)
Sec. 16D‑4.
Aggravated Computer Tampering.
(a) A person commits
aggravated computer tampering when he commits the offense of computer
tampering as set forth in subsection (a)(3) of Section 16D‑3 and he knowingly:
(1) causes disruption of or interference with vital
services or operations of
State or local government or a public utility; or
(2) creates a strong probability of death or great bodily harm to one or
more individuals.
(b) Sentence. (1) A person who commits the offense of aggravated
computer tampering as set forth in subsection (a)(1) of this Section shall be
guilty of a Class 3 felony.
(2) A person who commits the offense of aggravated computer tampering as
set forth in subsection (a)(2) of this Section shall be guilty of a Class 2 felony.
(Source: P.A. 86‑820.)
|
(720 ILCS 5/16D‑5) (from Ch. 38, par. 16D‑5)
Sec. 16D‑5.
Computer Fraud.
(a) A person commits the offense of computer
fraud when he knowingly:
(1) Accesses or causes to be accessed a computer or any part thereof, or
a program or data, for the purpose of devising or executing any scheme,
artifice to defraud, or as part of a deception;
(2) Obtains use of, damages, or destroys a computer or any part thereof,
or alters, deletes, or removes any program or data contained therein, in
connection with any scheme, artifice to defraud, or as part of a deception; or
(3) Accesses or causes to be accessed a computer or any part thereof, or
a program or data, and obtains money or control over any such money,
property, or services of another in connection with any scheme, artifice to
defraud, or as part of a deception.
(b) Sentence. (1) A person who commits the offense of computer fraud as
set forth in subsection (a)(1) of this Section shall be guilty of a Class 4 felony.
(2) A person who commits the offense of computer fraud as set forth in
subsection (a)(2) of this Section shall be guilty of a Class 3 felony.
(3) A person who commits the offense of computer fraud as set forth in
subsection (a)(3) of this Section shall:
(i) be guilty of a Class 4 felony if the value of the money, property or
services is $1,000 or less; or
(ii) be guilty of a Class 3 felony if the value of the money, property
or services is more than $1,000 but less than $50,000; or
(iii) be guilty of a Class 2 felony if the value of the money, property
or services is $50,000 or more.
(Source: P.A. 85‑926.)
|
(720 ILCS 5/16D‑6) (from Ch. 38, par. 16D‑6)
Sec. 16D‑6.
Forfeiture.
1. Any person who commits the offense of computer
fraud as set forth in Section 16D‑5 shall forfeit,
according to the provisions of this Section, any monies, profits or
proceeds, and any interest or property which the sentencing court
determines he has acquired or maintained, directly or indirectly, in whole
or in part, as a result of such offense. Such person shall also forfeit
any interest in, security, claim against, or contractual right of any kind
which affords him a source of influence over any enterprise which he has
established, operated, controlled, conducted or participated in conducting,
where his relationship to or connection with any such thing or activity
directly or indirectly, in whole or in part, is traceable to any item or
benefit which he has obtained or acquired through computer fraud.
Proceedings instituted pursuant to this Section shall be subject to and
conducted in accordance with the following procedures:
(a) The sentencing court shall, upon petition by the prosecuting agency,
whether it is the Attorney General or a State's Attorney, at any time following
sentencing, conduct a hearing to determine whether any property or property
interest is subject to forfeiture under this Section. At the forfeiture
hearing the People of the State of Illinois shall have the burden of
establishing, by a preponderance of the evidence, that the property or
property interests are subject to such forfeiture.
(b) In any action brought by the People of the State of Illinois under
this Section, the circuit courts of Illinois shall have jurisdiction to
enter such restraining orders, injunctions or prohibitions, or to take such
other action in connection with any real, personal, or mixed property or
other interest subject to forfeiture, as they shall consider proper.
(c) In any action brought by the People of the State of Illinois under
this Section, wherein any restraining order, injunction or prohibition or
any other action in connection with any property or interest subject to
forfeiture under this Section is sought, the circuit court presiding over
the trial of the person or persons charged with computer fraud shall first
determine whether there is probable cause to believe that the person or
persons so charged have committed the offense of computer fraud and whether
the property or interest is subject to forfeiture pursuant to this Section.
In order to make this determination, prior to entering any such order, the
court shall conduct a hearing without a jury, where the People shall
establish: (1) probable cause that the person or persons so charged have
committed the offense of computer fraud, and (2) probable cause that any
property or interest may be subject to forfeiture pursuant to this Section.
Such hearing may be conducted simultaneously with a preliminary hearing if
the prosecution is commenced by information or complaint, or by motion of
the People at any stage in the proceedings. The court may enter a finding
of probable cause at a preliminary hearing following the filing of an
information charging the offense of computer fraud or the return of an
indictment by a grand jury charging the offense of computer fraud as
sufficient evidence of probable cause for purposes of this Section. Upon
such a finding, the circuit court shall enter such restraining order,
injunction or prohibition, or shall take such other action in connection
with any such property or other interest subject to forfeiture under this
Section as is necessary to insure that such property is not removed from
the jurisdiction of the court, concealed, destroyed or otherwise disposed
of by the owner or holder of that property or interest prior to a
forfeiture hearing under this Section. The Attorney General or State's
Attorney shall file a certified copy of such restraining order, injunction
or other prohibition with the recorder of deeds or registrar of titles of
each county where any such property of the defendant may be located. No
such injunction, restraining order or other prohibition shall affect the
rights of any bona fide purchaser, mortgagee, judgment creditor or other
lienholder arising prior to the date of such filing. The court may, at any
time, upon verified petition by the defendant, conduct a hearing to release
all or portions of any such property or interest which the court previously
determined to be subject to forfeiture or subject to any restraining order,
injunction, prohibition or other action. The court may release such
property to the defendant for good cause shown and within the sound
discretion of the court.
(d) Upon conviction of a person under Section 16D‑5, the court shall
authorize the Attorney General to seize and sell all property or other
interest declared forfeited under this Act, unless such property is
required by law to be destroyed or is harmful to the public. The court may
order the Attorney General to segregate funds from the proceeds of such sale
sufficient: (1) to satisfy any order of restitution, as the court may deem
appropriate; (2) to satisfy any legal right, title, or interest which the
court deems superior to any right, title, or interest of the defendant at
the time of the commission of the acts which gave rise to forfeiture under
this Section; or (3) to satisfy any bona‑fide purchaser for value of the
right, title, or interest in the property who was without reasonable notice
that the property was subject to forfeiture. Following the entry of an
order of forfeiture, the Attorney General shall publish notice of the order
and his intent to dispose of the property. Within the 30 days following
such publication, any person may petition the court to adjudicate the
validity of his alleged interest in the property.
After the deduction of all requisite expenses of administration and sale,
the Attorney General shall distribute the proceeds of such sale, along with
any moneys forfeited or seized as follows:
(1) 50% shall be distributed to the unit of local government whose
officers or employees conducted the investigation into computer fraud and
caused the arrest or arrests and prosecution leading to the forfeiture.
Amounts distributed to units of local government shall be used for training
or enforcement purposes relating to detection, investigation or prosecution
of financial crimes, including computer fraud. In the event, however, that
the investigation, arrest or arrests and prosecution leading to the
forfeiture were undertaken solely by a State agency, the
portion provided hereunder shall be paid into the State Police Services
Fund of the Illinois Department of
State Police to be used for training or
enforcement purposes relating to detection, investigation
or prosecution of financial crimes, including computer fraud.
(2) 50% shall be distributed to the county in which the prosecution and
petition for forfeiture resulting in the forfeiture was instituted by the
State's Attorney, and deposited in a special fund in the county treasury
and appropriated to the State's Attorney for use in training or enforcement
purposes relating to detection, investigation or prosecution of financial
crimes, including computer fraud. Where a prosecution and petition for
forfeiture resulting in the forfeiture has been maintained by the Attorney
General, 50% of the proceeds shall be paid into the Attorney General's
Financial Crime Prevention Fund. Where the Attorney General and the State's
Attorney have participated jointly in any part of the proceedings, 25% of
the proceeds forfeited shall be paid to the county in which the prosecution
and petition for forfeiture resulting in the forfeiture occurred, and 25%
shall be paid to the Attorney General's Financial Crime Prevention Fund to
be used for the purposes as stated in this subsection.
2. Where any person commits a felony under any provision of this Code or
another statute and the instrumentality used in the commission of the
offense, or in connection with or in furtherance of a scheme or design to
commit the offense, is a computer owned by the defendant or if the
defendant is a minor, owned by his or her parents or legal guardian, the
computer shall be subject to the provisions of this Section. However, in no
case shall a computer, or any part thereof, be subject to the provisions of
the Section if the computer accessed in the commission of the offense is
owned or leased by the victim or an innocent third party at the time of the
commission of the offense or if the rights of creditors, lienholders, or
any person having a security interest in the computer at the time of the
commission of the offense shall be adversely affected.
(Source: P.A. 85‑1042.)
|
(720 ILCS 5/16D‑7) (from Ch. 38, par. 16D‑7)
Sec. 16D‑7.
Rebuttable Presumption ‑ without authority.
In the event
that a person accesses or causes to be accessed a computer, which access
requires a confidential or proprietary code which has not been issued to or
authorized for use by that person, a rebuttable presumption exists that the
computer was accessed without the authorization of its owner or in excess
of the authority granted.
(Source: P.A. 85‑926.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
