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TUCoPS :: Cyber Law :: illinois.txt

Illinois Computer Crime Law





                     SMITH-HURD ILLINOIS ANNOTATED STATUTES
               COPR. (c) WEST 1990  No Claim to Orig. Govt. Works
                     CHAPTER 38.  CRIMINAL LAW AND PROCEDURE
                        DIVISION I. CRIMINAL CODE OF 1961
                          TITLE III. SPECIFIC OFFENSES
                   PART C. OFFENSES DIRECTED AGAINST PROPERTY
                           ARTICLE 16D. COMPUTER CRIME

                                 DATE EFFECTIVE

     < Article 16D, consisting of paragraphs 16D-1 to 16D-7, was added by P.A.
   85-926, s 1, eff. Dec. 1, 1987. >

 S. H. A. Ch. 38, D. I, T. III, Pt. C, Art. 16D, Refs & Annos
 IL ST Ch. 38, D. I, T. III, Pt. C, Art. 16D, Refs & Annos

 Crim.Code s 16D-1

 16D-1. Short title

  s 16D-1. Short title.  This Article shall be known and may be cited as the
 "COMPUTER CRIME Prevention Law".

                           1977 Main Volume Credit(s)

 Laws 1961, p. 1983, s 16D-1, added by P.A. 85-926, s 1, eff. Dec. 1, 1987.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Section 4 of P.A. 85-926, certified Dec. 1, 1987, provided:

  "This Act takes effect upon its becoming a law."

 Title of Act:

  An Act to add Article 16D to the "Criminal Code of 1961", approved July 28,
 1961, as amended, and to amend certain Acts herein named.  P.A. 85-926,
 certified and eff. Dec. 1, 1987.


 16D-2. Definitions

  s 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.
  (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.
  (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.
  (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.

                           1977 Main Volume Credit(s)

 Laws 1961, p. 1983, s 16D-2, added by P.A. 85-926, s 1, eff. Dec. 1, 1987.

                                   REFERENCES

                               LIBRARY REFERENCES

                       1990 Pocket Part Library References

  Words and Phrases (Perm. Ed.)


 16D-3. COMPUTER tampering

  s 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 any part thereof, or a
  program or data;
   (2) Accesses or causes to be accessed a COMPUTER or any part thereof, or a
  program or data, and obtains data or services;
   (3) Accesses or causes to be accessed a COMPUTER or any part thereof, or a
  program or data, and damages or destroys the COMPUTER or alters, deletes or
  removes a COMPUTER program or data;
   (4) Inserts or attempts to insert a "program" into a COMPUTER or COMPUTER
  program knowing or having reason to believe that such "program" contains
  information or commands that will or may damage or destroy that COMPUTER, or
  any other COMPUTER subsequently accessing or being accessed by that COMPUTER,
  or that will or may alter, delete or remove a COMPUTER program or data from
  that COMPUTER, or any other COMPUTER program or data in a COMPUTER
  subsequently accessing or being accessed by that COMPUTER, or that will or may
  cause loss to the users of that COMPUTER or the users of a COMPUTER which
  accesses or which is accessed by such "program".
  (b) Sentence.
   (1) A person who commits the offense of COMPUTER tampering as set forth in
  subsection (a)(1) of this Section shall be guilty of a Class B misdemeanor.
   (2) A person who commits the offense of COMPUTER tampering as set forth in
  subsection (a)(2) of this Section shall be guilty of a Class A misdemeanor and
  a Class 4 felony for the second or subsequent offense.
   (3) A person who commits the offense of COMPUTER tampering as set forth in
  subsection (a)(3) or subsection (a)(4) of this Section shall be guilty of a
  Class 4 felony and a Class 3 felony for the second or subsequent offense.
  (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.

                           1977 Main Volume Credit(s)




 Laws 1961, p. 1983, s 16D-3, added by P.A. 85-926, s 1, eff. Dec. 1, 1987.

                           1990 Pocket Part Credit(s)

 P.A. 85-926, s 1, eff. Dec. 1, 1987.  Amended by P.A. 86-762, s 1, eff. Jan. 1,
 1990.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  P.A. 86-762 made it a CRIME to insert or attempt to insert a program knowing
 that it will or may damage or destroy that COMPUTER or any other COMPUTER
 subsequently accessing or being accessed by that COMPUTER or alter or delete
 data and authorized the sufferor of such loss to maintain a civil action to
 obtain appropriate relief.

 16D-4. Aggravated COMPUTER tampering

  s 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.

                           1977 Main Volume Credit(s)

 Laws 1961, p. 1983, s 16D-4, added by P.A. 85-926, s 1, eff. Dec. 1, 1987.

                           1990 Pocket Part Credit(s)

 P.A. 85-926, s 1, eff. Dec. 1, 1987.  Amended by P.A. 86-820, Art. III, s 3-17,
 eff. Sept. 7, 1989.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  P.A. 86-820, Art. III, the second 1989 Technical Corrections Revisory Law,
 amends various Acts to delete obsolete text, to correct patent and technical
 errors, and to revise cross-references.  For provisions of Art. I, s 1-1
 relating to intent and Art. IV, s 4-1, relating to effective dates and
 acceleration of Acts with later effective dates or extension or revival of
 repealed Acts, see Historical Note following ch. 24, P 8-11-1.

 16D-5. COMPUTER fraud

  s 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.

                           1977 Main Volume Credit(s)

 Laws 1961, p. 1983, s 16D-5, added by P.A. 85-926, s 1, eff. Dec. 1, 1987.

 16D-6. Forfeiture

  s 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.

                           1977 Main Volume Credit(s)

 Laws 1961, p. 1983, s 16D-6, added by P.A. 85-926, s 1, eff. Dec. 1, 1987.

                           1990 Pocket Part Credit(s)

 Amended by P.A. 85-1042, s 1, eff. July 13, 1988.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  P.A. 85-1042 substituted a reference to the State Police Services Fund for a
 reference to the Law Enforcement Services Fund.
  Section 11 of P.A. 85-1042, approved July 13, 1988, provided:

  "This Act takes effect July 1, 1988."

 16D-7. Rebuttable presumption--Without authority

  s 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.

                           1977 Main Volume Credit(s)

 Laws 1961, p. 1983, s 16D-7, added by P.A. 85-926, s 1, eff. Dec. 1, 1987.



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