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| Public Act 101-0087
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| HB2133 Enrolled | LRB101 04899 SLF 49908 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing |
Sections 11-6.6, 11-20.1, 17-0.5, 17-52.5, 17-55, 28-2 as |
follows:
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(720 ILCS 5/11-6.6) |
Sec. 11-6.6. Solicitation to meet a child. |
(a) A person of the age of 18 or more years commits the |
offense of solicitation to meet a child if the person while |
using a computer, cellular telephone, or any other device, with |
the intent to meet a child or one whom he or she believes to be |
a child, solicits, entices, induces, or arranges with the child |
to meet at a location without the knowledge of the child's |
parent or guardian and the meeting with the child is arranged |
for a purpose other than a lawful purpose under Illinois law. |
(b) Sentence. Solicitation to meet a child is a Class A |
misdemeanor.
Solicitation to meet a child is a Class 4 felony |
when the solicitor believes he or she is 5 or more years older |
than the child. |
(c) For purposes of this Section, "child" means any person |
under 17 years of age; and "computer" has the meaning ascribed |
to it in Section 17-0.5 16D-2 of this Code.
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(Source: P.A. 95-983, eff. 6-1-09.)
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(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
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Sec. 11-20.1. Child pornography.
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(a) A person commits child pornography who:
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(1) films, videotapes, photographs, or otherwise |
depicts or portrays by
means of any similar visual medium |
or reproduction or depicts by computer any
child whom he or |
she knows or reasonably should know to be under the age of |
18 or any
person with a severe or profound intellectual |
disability where such child or person with a severe or |
profound intellectual disability is:
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(i) actually or by simulation engaged in any act of |
sexual
penetration or sexual conduct
with any person or |
animal; or
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(ii) actually or by simulation engaged in any act |
of sexual
penetration or sexual conduct
involving the |
sex organs of the child or person with a severe or |
profound intellectual disability and the mouth, anus, |
or sex organs of
another person or animal; or which |
involves the mouth, anus or sex organs
of the child or |
person with a severe or profound intellectual |
disability and the sex organs of another person or |
animal; or
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(iii) actually or by simulation engaged in any act |
of masturbation; or
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(iv) actually or by simulation portrayed as being |
the object of, or
otherwise engaged in, any act of lewd |
fondling, touching, or caressing
involving another |
person or animal; or
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(v) actually or by simulation engaged in any act of |
excretion or
urination within a sexual context; or
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(vi) actually or by simulation portrayed or |
depicted as bound, fettered,
or subject to sadistic, |
masochistic, or sadomasochistic abuse in any sexual
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context; or
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(vii) depicted or portrayed in any pose, posture or |
setting involving
a lewd exhibition of the unclothed or |
transparently clothed genitals, pubic area, buttocks, |
or, if
such person is female, a fully or partially |
developed breast of the child
or other person; or
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(2) with the knowledge of the nature or content |
thereof, reproduces,
disseminates, offers to disseminate, |
exhibits or possesses with intent to
disseminate any film, |
videotape, photograph or other similar visual
reproduction |
or depiction by computer of any child or person with a |
severe or profound intellectual disability whom the person |
knows or reasonably should know to be
under the age of 18 |
or to be a person with a severe or profound intellectual |
disability,
engaged in any activity described in |
subparagraphs (i) through (vii) of
paragraph (1) of this |
subsection; or
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(3) with knowledge of the subject matter or theme |
thereof, produces any
stage play, live performance, film, |
videotape or other similar visual
portrayal or depiction by |
computer which
includes a child whom the person knows or |
reasonably should
know to be under the age of 18 or a |
person with a severe or profound intellectual disability |
engaged in any activity described in
subparagraphs (i) |
through (vii) of paragraph (1) of this subsection; or
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(4) solicits, uses, persuades, induces, entices, or |
coerces any child
whom he or she knows or reasonably should |
know to be under
the age of 18 or a person with a severe or |
profound intellectual disability to appear in any stage |
play, live presentation, film,
videotape, photograph or |
other similar visual reproduction or depiction
by computer |
in which the
child or person with a severe or profound |
intellectual disability
is or will be depicted, actually or |
by simulation, in any act, pose or
setting described in |
subparagraphs (i) through (vii) of paragraph (1) of
this |
subsection; or
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(5) is a parent, step-parent, legal guardian or other |
person having
care or custody
of a child whom the person |
knows or reasonably should know to be under
the age of 18 |
or a person with a severe or profound intellectual |
disability and who knowingly permits, induces, promotes, |
or arranges
for such child or person with a severe or |
profound intellectual disability to appear in any stage |
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play, live performance, film, videotape,
photograph or |
other similar visual presentation, portrayal or simulation |
or
depiction by computer of any act or activity described |
in subparagraphs (i)
through (vii) of paragraph (1) of this |
subsection; or
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(6) with knowledge of the nature or content thereof, |
possesses any film,
videotape, photograph or other similar |
visual reproduction or depiction by
computer of any child |
or person with a severe or profound intellectual disability
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whom the person knows or reasonably should know to be under |
the age of 18
or to be a person with a severe or profound |
intellectual disability, engaged in any activity described |
in subparagraphs (i) through
(vii) of paragraph (1) of this |
subsection; or
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(7) solicits, or knowingly uses, persuades, induces, |
entices, or coerces, a person
to provide a child under the |
age of 18 or a person with a severe or profound |
intellectual disability to appear in any videotape, |
photograph, film, stage play, live
presentation, or other |
similar visual reproduction or depiction by computer
in |
which the child or person with a severe or profound |
intellectual disability will be
depicted, actually or by |
simulation, in any act, pose, or setting described in
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subparagraphs (i) through (vii) of paragraph (1) of this |
subsection.
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(a-5) The possession of each individual film, videotape, |
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photograph, or other similar visual reproduction or depiction |
by computer in violation of this Section constitutes a single |
and separate violation. This subsection (a-5) does not apply to |
multiple copies of the same film, videotape, photograph, or |
other similar visual reproduction or depiction by computer that |
are identical to each other.
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(b)(1) It shall be an affirmative defense to a charge of |
child
pornography that the defendant reasonably believed, |
under all of the
circumstances, that the child was 18 years of |
age or older or that the
person was not a person with a severe |
or profound intellectual disability but only where, prior to |
the act or acts giving rise to a
prosecution under this |
Section, he or she took some affirmative action or made a
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bonafide inquiry designed to ascertain whether the child was 18 |
years of
age or older or that the person was not a person with a |
severe or profound intellectual disability and his or her |
reliance upon the information
so obtained was clearly |
reasonable.
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(1.5) Telecommunications carriers, commercial mobile |
service providers, and providers of information services, |
including, but not limited to, Internet service providers and |
hosting service providers, are not liable under this Section by |
virtue of the transmission, storage, or caching of electronic |
communications or messages of others or by virtue of the |
provision of other related telecommunications, commercial |
mobile services, or information services used by others in |
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violation of this Section.
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(2) (Blank).
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(3) The charge of child pornography shall not apply to the |
performance
of official duties by law enforcement or |
prosecuting officers or persons employed by law enforcement or |
prosecuting agencies, court personnel
or attorneys, nor to |
bonafide treatment or professional education programs
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conducted by licensed physicians, psychologists or social |
workers.
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(4) If the defendant possessed more than one of the same |
film,
videotape or visual reproduction or depiction by computer |
in which child
pornography is depicted, then the trier of fact |
may infer
that the defendant possessed such
materials with the |
intent to disseminate them.
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(5) The charge of child pornography does not apply to a |
person who does
not voluntarily possess a film, videotape, or |
visual reproduction or depiction
by computer in which child |
pornography is depicted. Possession is voluntary if
the |
defendant knowingly procures or receives a film, videotape, or |
visual
reproduction or depiction for a sufficient time to be |
able to terminate his
or her possession.
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(6) Any violation of paragraph (1), (2), (3), (4), (5), or |
(7) of subsection (a) that includes a child engaged in, |
solicited for, depicted in, or posed in any act of sexual |
penetration or bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in a sexual context shall |
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be deemed a crime of violence. |
(c) If the violation does not involve a film, videotape, or |
other moving depiction, a violation of paragraph (1), (4), (5), |
or (7) of subsection (a) is a
Class 1 felony with a mandatory |
minimum fine of $2,000 and a maximum fine of
$100,000. If the |
violation involves a film, videotape, or other moving |
depiction, a violation of paragraph (1), (4), (5), or (7) of |
subsection (a) is a
Class X felony with a mandatory minimum |
fine of $2,000 and a maximum fine of
$100,000. If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation of paragraph (3) of subsection (a) is a Class 1 |
felony
with a mandatory minimum fine of $1500 and a maximum |
fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of paragraph (3) of |
subsection (a) is a Class X felony
with a mandatory minimum |
fine of $1500 and a maximum fine of $100,000.
If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation
of paragraph (2) of subsection (a) is a Class 1 |
felony with a
mandatory minimum fine of $1000 and a maximum |
fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of paragraph (2) of |
subsection (a) is a Class X felony with a
mandatory minimum |
fine of $1000 and a maximum fine of $100,000. If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation of
paragraph (6) of subsection (a) is a Class 3 |
felony with a mandatory
minimum fine of $1000 and a maximum |
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fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of
paragraph (6) of |
subsection (a) is a Class 2 felony with a mandatory
minimum |
fine of $1000 and a maximum fine of $100,000.
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(c-5) Where the child depicted is under the age of 13, a |
violation of paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) is a Class X felony with a mandatory minimum |
fine of $2,000 and a maximum fine of $100,000. Where the child |
depicted is under the age of 13, a violation of paragraph (6) |
of subsection (a) is a Class 2 felony with a mandatory minimum |
fine of $1,000 and a maximum fine of $100,000. Where the child |
depicted is under the age of 13, a person who commits a |
violation of paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) where the defendant has previously been |
convicted under the laws of this State or any other state of |
the offense of child pornography, aggravated child |
pornography, aggravated criminal sexual abuse, aggravated |
criminal sexual assault, predatory criminal sexual assault of a |
child, or any of the offenses formerly known as rape, deviate |
sexual assault, indecent liberties with a child, or aggravated |
indecent liberties with a child where the victim was under the |
age of 18 years or an offense that is substantially equivalent |
to those offenses, is guilty of a Class X felony for which the |
person shall be sentenced to a term of imprisonment of not less |
than 9 years with a mandatory minimum fine of $2,000 and a |
maximum fine of $100,000.
Where the child depicted is under the |
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age of 13, a person who commits a violation of paragraph (6) of |
subsection (a) where the defendant has previously been |
convicted under the laws of this State or any other state of |
the offense of child pornography, aggravated child |
pornography, aggravated criminal sexual abuse, aggravated |
criminal sexual assault, predatory criminal sexual assault of a |
child, or any of the offenses formerly known as rape, deviate |
sexual assault, indecent liberties with a child, or aggravated |
indecent liberties with a child where the victim was under the |
age of 18 years or an offense that is substantially equivalent |
to those offenses, is guilty of a Class 1 felony with a |
mandatory minimum fine of $1,000 and a maximum fine of |
$100,000. The issue of whether the child depicted is under the |
age of 13 is an element of the offense to be resolved by the |
trier of fact. |
(d) If a person is convicted of a second or subsequent |
violation of
this Section within 10 years of a prior |
conviction, the court shall order a
presentence psychiatric |
examination of the person. The examiner shall report
to the |
court whether treatment of the person is necessary.
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(e) Any film, videotape, photograph or other similar visual |
reproduction
or depiction by computer which includes a child |
under the age of 18 or a
person with a severe or profound |
intellectual disability engaged in any activity
described in |
subparagraphs (i) through (vii) or paragraph 1 of subsection
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(a), and any material or equipment used or intended for use in |
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photographing,
filming, printing, producing, reproducing, |
manufacturing, projecting,
exhibiting, depiction by computer, |
or disseminating such material shall be
seized and forfeited in |
the manner, method and procedure provided by Section
36-1 of |
this Code for the seizure and forfeiture of vessels, vehicles |
and
aircraft.
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In addition, any person convicted under this Section is |
subject to the property forfeiture provisions set forth in |
Article 124B of the Code of Criminal Procedure of 1963. |
(e-5) Upon the conclusion of a case brought under this |
Section, the court
shall seal all evidence depicting a victim |
or witness that is sexually
explicit. The evidence may be |
unsealed and viewed, on a motion of the party
seeking to unseal |
and view the evidence, only for good cause shown and in the
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discretion of the court. The motion must expressly set forth |
the purpose for
viewing the material. The State's attorney and |
the victim, if possible, shall
be provided reasonable notice of |
the hearing on the motion to unseal the
evidence. Any person |
entitled to notice of a hearing under this subsection
(e-5) may |
object to the motion.
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(f) Definitions. For the purposes of this Section:
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(1) "Disseminate" means (i) to sell, distribute, |
exchange or transfer
possession, whether with or without |
consideration or (ii) to make a depiction
by computer |
available for distribution or downloading through the |
facilities
of any telecommunications network or through |
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any other means of transferring
computer programs or data |
to a computer.
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(2) "Produce" means to direct, promote, advertise, |
publish, manufacture,
issue, present or show.
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(3) "Reproduce" means to make a duplication or copy.
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(4) "Depict by computer" means to generate or create, |
or cause to be
created or generated, a computer program or |
data that, after being processed by
a computer either alone |
or in conjunction with one or more computer programs,
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results in a visual depiction on a computer monitor, |
screen, or display.
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(5) "Depiction by computer" means a computer program or |
data that, after
being processed by a computer either alone |
or in conjunction with one or more
computer programs, |
results in a visual depiction on a computer monitor, |
screen,
or display.
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(6) "Computer", "computer program", and "data" have |
the meanings
ascribed to them in Section 17.05 16D-2 of |
this Code.
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(7) For the purposes of this Section, "child |
pornography" includes a film, videotape, photograph, or |
other similar
visual medium or reproduction or depiction by |
computer that is, or appears to
be, that of a person, |
either in part, or in total, under the age of 18 or a |
person with a severe or profound intellectual disability,
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regardless of the method by which the film, videotape, |
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photograph, or other
similar visual medium or reproduction |
or depiction by computer is created,
adopted, or modified |
to appear as such. "Child pornography" also includes a |
film,
videotape, photograph, or other similar visual |
medium or reproduction or
depiction by computer that is |
advertised, promoted, presented, described, or
distributed |
in such a manner that conveys the impression that the film,
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videotape, photograph, or other similar visual medium or |
reproduction or
depiction by computer is of a person under |
the age of 18 or a person with a severe or profound |
intellectual disability.
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(g) Re-enactment; findings; purposes.
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(1) The General Assembly finds and declares that:
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(i) Section 50-5 of Public Act 88-680, effective |
January 1, 1995,
contained provisions amending the |
child pornography statute, Section 11-20.1
of the |
Criminal Code of 1961. Section 50-5 also contained |
other provisions.
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(ii) In addition, Public Act 88-680 was entitled |
"AN ACT to create a
Safe Neighborhoods Law". (A) |
Article 5 was entitled JUVENILE JUSTICE and
amended the |
Juvenile Court Act of 1987. (B) Article 15 was entitled |
GANGS and
amended various provisions of the Criminal |
Code of 1961 and the Unified Code
of Corrections. (C) |
Article 20 was entitled ALCOHOL ABUSE and amended |
various
provisions of the Illinois Vehicle Code. (D) |
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Article 25 was entitled DRUG
ABUSE and amended the |
Cannabis Control Act and the Illinois Controlled
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Substances Act. (E) Article 30 was entitled FIREARMS |
and amended the Criminal
Code of 1961 and the Code of |
Criminal Procedure of 1963. (F) Article 35
amended the |
Criminal Code of 1961, the Rights of Crime Victims and |
Witnesses
Act, and the Unified Code of Corrections. (G) |
Article 40 amended the Criminal
Code of 1961 to |
increase the penalty for compelling organization |
membership of
persons. (H) Article 45 created the |
Secure Residential Youth Care Facility
Licensing Act |
and amended the State Finance Act, the Juvenile Court |
Act of
1987, the Unified Code of Corrections, and the |
Private Correctional Facility
Moratorium Act. (I) |
Article 50 amended the WIC Vendor Management Act, the
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Firearm Owners Identification Card Act, the Juvenile |
Court Act of 1987, the
Criminal Code of 1961, the |
Wrongs to Children Act, and the Unified Code of
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Corrections.
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(iii) On September 22, 1998, the Third District |
Appellate Court in
People v. Dainty, 701 N.E. 2d 118, |
ruled that Public Act 88-680 violates the
single |
subject clause of the Illinois Constitution (Article |
IV, Section 8 (d))
and was unconstitutional in its |
entirety. As of the time this amendatory Act
of 1999 |
was prepared, People v. Dainty was still subject to |
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appeal.
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(iv) Child pornography is a vital concern to the |
people of this State
and the validity of future |
prosecutions under the child pornography statute of
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the Criminal Code of 1961 is in grave doubt.
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(2) It is the purpose of this amendatory Act of 1999 to |
prevent or
minimize any problems relating to prosecutions |
for child pornography that may
result from challenges to |
the constitutional validity of Public Act 88-680 by
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re-enacting the Section relating to child pornography that |
was included in
Public Act 88-680.
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(3) This amendatory Act of 1999 re-enacts Section |
11-20.1 of the
Criminal Code of 1961, as it has been |
amended. This re-enactment is intended
to remove any |
question as to the validity or content of that Section; it |
is not
intended to supersede any other Public Act that |
amends the text of the Section
as set forth in this |
amendatory Act of 1999. The material is shown as existing
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text (i.e., without underscoring) because, as of the time |
this amendatory Act
of 1999 was prepared, People v. Dainty |
was subject to appeal to the Illinois
Supreme Court.
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(4) The re-enactment by this amendatory Act of 1999 of |
Section 11-20.1 of
the Criminal Code of 1961 relating to |
child pornography that was amended by
Public Act 88-680 is |
not intended, and shall not be construed, to imply that
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Public Act 88-680 is invalid or to limit or impair any |
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legal argument
concerning whether those provisions were |
substantially re-enacted by other
Public Acts.
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(Source: P.A. 98-437, eff. 1-1-14; 99-143, eff. 7-27-15.)
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(720 ILCS 5/17-0.5) |
Sec. 17-0.5. Definitions. In this Article: |
"Altered credit card or debit card" means any instrument
or |
device, whether known as a credit card or debit card, which has |
been
changed in any
respect by addition or deletion of any |
material, except for the signature
by the person to whom the |
card is issued. |
"Cardholder" means the person or organization named on the
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face of a credit card or debit card to whom or for whose |
benefit the
credit card or debit card is issued by an issuer. |
"Computer" means a device that accepts, processes, stores, |
retrieves,
or outputs data and includes, but is not limited to, |
auxiliary storage, including cloud-based networks of remote |
services hosted on the Internet, and
telecommunications |
devices connected to computers. |
"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 |
between them through the
communications facilities. |
"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 |
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results of the data processing. |
"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. |
"Counterfeit" means to manufacture, produce or create, by |
any
means, a credit card or debit card without the purported |
issuer's
consent or authorization. |
"Credit card" means any instrument or device, whether known |
as a credit
card, credit plate, charge plate or any other name, |
issued with or without
fee by an issuer for the use of the |
cardholder in obtaining money, goods,
services or anything else |
of value on credit or in consideration or an
undertaking or |
guaranty by the issuer of the payment of a check drawn by
the |
cardholder. |
"Data" means a representation in any form of information, |
knowledge, facts, concepts,
or instructions, including program |
documentation, which is prepared or has been prepared in a
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formalized manner and is stored or processed in or transmitted |
by a computer or in a system or network.
Data is considered |
property and may be in any form, including, but not
limited to, |
printouts, magnetic or optical storage media, punch cards, or
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data stored internally in the memory of the computer. |
"Debit card" means any instrument or device, known by any
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name, issued with or without fee by an issuer for the use of |
the cardholder
in obtaining money, goods, services, and |
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anything else of value, payment of
which is made against funds |
previously deposited by the cardholder. A debit
card which also |
can be used to obtain money, goods, services and anything
else |
of value on credit shall not be considered a debit card when it |
is
being used to obtain money, goods, services or anything else |
of value on credit. |
"Document" includes, but is not limited to, any document, |
representation, or image produced manually, electronically, or |
by computer. |
"Electronic fund transfer terminal" means any machine or
|
device that, when properly activated, will perform any of the |
following services: |
(1) Dispense money as a debit to the cardholder's |
account; or |
(2) Print the cardholder's account balances on a |
statement; or |
(3) Transfer funds between a cardholder's accounts; or |
(4) Accept payments on a cardholder's loan; or |
(5) Dispense cash advances on an open end credit or a |
revolving charge agreement; or |
(6) Accept deposits to a customer's account; or |
(7) Receive inquiries of verification of checks and |
dispense information
that verifies that funds are |
available to cover such checks; or |
(8) Cause money to be transferred electronically from a |
cardholder's
account to an account held by any business, |
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firm, retail merchant,
corporation, or any other |
organization. |
"Electronic funds transfer system", hereafter referred to |
as
"EFT System", means that system whereby funds are |
transferred
electronically from a cardholder's account to any |
other account. |
"Electronic mail service provider" means any person who (i) |
is an
intermediary in sending or receiving electronic mail and |
(ii) provides to
end-users of electronic mail services the |
ability to send or receive electronic
mail. |
"Expired credit card or debit card" means a credit card
or |
debit card which is no longer valid because the term on it has |
elapsed. |
"False academic degree" means a certificate, diploma, |
transcript, or other
document purporting to be issued by an |
institution of higher learning or
purporting to indicate that a |
person has completed an organized academic
program of study at |
an institution of higher learning when the person has not
|
completed the organized academic program of study indicated
on |
the certificate, diploma, transcript, or other document. |
"False claim" means any statement made to any insurer, |
purported
insurer, servicing corporation, insurance broker, or |
insurance agent, or any
agent or employee of one of those |
entities, and made as part of, or in support of, a
claim for
|
payment or other benefit under a policy of insurance, or as |
part of, or
in support of, an application for the issuance of, |
|
or the rating of, any
insurance policy, when the statement does |
any of the following: |
(1) Contains any false, incomplete, or
misleading |
information concerning any fact or thing material to the |
claim. |
(2) Conceals (i) the occurrence of an event that is |
material to any person's initial or
continued right or |
entitlement to any insurance benefit or payment or (ii) the
|
amount of any benefit or payment to which the person is |
entitled. |
"Financial institution" means any bank, savings and loan |
association, credit union, or other depository of money or |
medium of savings and collective investment. |
"Governmental entity" means: each officer, board, |
commission, and
agency created by the Constitution, whether in |
the executive, legislative, or
judicial branch of State |
government; each officer, department, board,
commission, |
agency, institution, authority, university, and body politic |
and
corporate of the State; each administrative unit or |
corporate outgrowth of
State government that is created by or |
pursuant to
statute, including units of local government and |
their officers, school
districts, and boards of election |
commissioners; and each administrative unit
or corporate |
outgrowth of the foregoing items and as may be created by |
executive order of
the Governor. |
"Incomplete credit card or debit card" means a credit
card |
|
or debit card which is missing part of the matter other than |
the
signature of the cardholder which an issuer requires to |
appear on the
credit card or debit card before it can be used |
by a cardholder, and
this includes credit cards or debit cards |
which have not been stamped,
embossed, imprinted or written on. |
"Institution of higher learning" means a public or private |
college,
university, or community college located in the State |
of Illinois that is
authorized by the Board of Higher Education |
or the Illinois Community
College Board to issue post-secondary |
degrees, or a public or private college,
university, or |
community college located anywhere in the United States that is
|
or has been legally constituted to offer degrees and |
instruction in its state
of origin or incorporation. |
"Insurance company" means "company" as defined under |
Section 2 of the
Illinois Insurance Code. |
"Issuer" means the business organization or financial
|
institution which issues a credit card or debit card, or its |
duly authorized agent. |
"Merchant" has the meaning ascribed to it in Section 16-0.1 |
of this Code. |
"Person" means any individual, corporation, government, |
governmental
subdivision or agency, business trust, estate, |
trust, partnership or
association or any other entity. |
"Receives" or "receiving" means acquiring possession or |
control. |
"Record of charge form" means any document submitted or |
|
intended to be
submitted to an issuer as evidence of a credit |
transaction for which the
issuer has agreed to reimburse |
persons providing money, goods, property,
services or other |
things of value. |
"Revoked credit card or debit card" means a credit card
or |
debit card which is no longer valid because permission to use |
it has
been suspended or terminated by the issuer. |
"Sale" means any delivery for value. |
"Scheme or artifice to defraud" includes a scheme or |
artifice to deprive another of the intangible right to honest |
services. |
"Self-insured entity" means any person, business, |
partnership,
corporation, or organization that sets aside |
funds to meet his, her, or its
losses or to absorb fluctuations |
in the amount of loss, the losses being
charged against the |
funds set aside or accumulated. |
"Social networking website" means an Internet website |
containing profile web pages of the members of the website that |
include the names or nicknames of such members, photographs |
placed on the profile web pages by such members, or any other |
personal or personally identifying information about such |
members and links to other profile web pages on social |
networking websites of friends or associates of such members |
that can be accessed by other members or visitors to the |
website. A social networking website provides members of or |
visitors to such website the ability to leave messages or |
|
comments on the profile web page that are visible to all or |
some visitors to the profile web page and may also include a |
form of electronic mail for members of the social networking |
website. |
"Statement" means any assertion, oral, written, or |
otherwise, and
includes, but is not limited to: any notice, |
letter, or memorandum; proof of
loss; bill of lading; receipt |
for payment; invoice, account, or other financial
statement; |
estimate of property damage; bill for services; diagnosis or
|
prognosis;
prescription; hospital, medical, or dental chart or |
other record, x-ray,
photograph, videotape, or movie film; test |
result; other evidence of loss,
injury, or expense; |
computer-generated document; and data in any form. |
"Universal Price Code Label" means a unique symbol that |
consists of a machine-readable code and human-readable |
numbers. |
"With intent to defraud" means to act knowingly, and with |
the specific intent to deceive or cheat, for the purpose of |
causing financial loss to another or bringing some financial |
gain to oneself, regardless of whether any person was actually |
defrauded or deceived. This includes an intent to cause another |
to assume, create, transfer, alter, or terminate any right, |
obligation, or power with reference to any person or property.
|
(Source: P.A. 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.)
|
(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) |
|
Sec. 17-52.5. Unlawful use of encryption. |
(a) For the purpose of this Section: |
"Computer" has the meaning ascribed to the term in |
Section 17-0.5 means an electronic device which performs |
logical, arithmetic, and memory functions by manipulations |
of electronic or magnetic impulses and includes all |
equipment related to the computer in a system or network. |
"Computer contaminant" means any data, information, |
image, program, signal, or sound that is designated or has |
the capability to: (1) contaminate, corrupt, consume, |
damage, destroy, disrupt, modify, record, or transmit; or |
(2) cause to be contaminated, corrupted, consumed, |
damaged, destroyed, disrupted, modified, recorded, or |
transmitted, any other data, information, image, program, |
signal, or sound contained in a computer, system, or |
network without the knowledge or consent of the person who |
owns the other data, information, image, program, signal, |
or sound or the computer, system, or network. |
"Computer contaminant" includes, without limitation: |
(1) a virus, worm, or Trojan horse; (2) spyware that tracks |
computer activity and is capable of recording and |
transmitting such information to third parties; or (3) any |
other similar data, information, image, program, signal, |
or sound that is designed or has the capability to prevent, |
impede, delay, or disrupt the normal operation or use of |
any component, device, equipment, system, or network. |
|
"Encryption" means the use of any protective or |
disruptive measure, including, without limitation, |
cryptography, enciphering, encoding, or a computer |
contaminant, to: (1) prevent, impede, delay, or disrupt |
access to any data, information, image, program, signal, or |
sound; (2) cause or make any data, information, image, |
program, signal, or sound unintelligible or unusable; or |
(3) prevent, impede, delay, or disrupt the normal operation |
or use of any component, device, equipment, system, or |
network. |
"Network" means a set of related, remotely connected |
devices and facilities, including more than one system, |
with the capability to transmit data among any of the |
devices and facilities. The term includes, without |
limitation, a local, regional, or global computer network. |
"Program" means an ordered set of data representing |
coded instructions or statements which can be executed by a |
computer and cause the computer to perform one or more |
tasks. |
"System" means a set of related equipment, whether or |
not connected, which is used with or for a computer. |
(b) A person shall not knowingly use or attempt to use |
encryption, directly or indirectly, to: |
(1) commit, facilitate, further, or promote any |
criminal offense; |
(2) aid, assist, or encourage another person to commit |
|
any criminal offense; |
(3) conceal evidence of the commission of any criminal |
offense; or |
(4) conceal or protect the identity of a person who has |
committed any criminal offense. |
(c) Telecommunications carriers and information service |
providers are not liable under this Section, except for willful |
and wanton misconduct, for providing encryption services used |
by others in violation of this Section. |
(d) Sentence. A person who violates this Section is guilty |
of a Class A misdemeanor, unless the encryption was used or |
attempted to be used to commit an offense for which a greater |
penalty is provided by law. If the encryption was used or |
attempted to be used to commit an offense for which a greater |
penalty is provided by law, the person shall be punished as |
prescribed by law for that offense. |
(e) A person who violates this Section commits a criminal |
offense that is separate and distinct from any other criminal |
offense and may be prosecuted and convicted under this Section |
whether or not the person or any other person is or has been |
prosecuted or convicted for any other criminal offense arising |
out of the same facts as the violation of this Section.
|
(Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-55) |
Sec. 17-55. Definitions. For the purposes of this |
|
subdivision 30 Sections 17-50 through 17-53: |
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. |
"Access" means to use, instruct, communicate with, store |
data
in, retrieve or intercept data from, or otherwise utilize |
any services
of, a computer, a network, or data. |
"Services" includes but is not limited to computer time, |
data
manipulation, or storage functions. |
"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. Those services or operations 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. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
|
Sec. 28-2. Definitions.
|
(a) A "gambling device" is any clock, tape machine, slot |
machine or
other machines or device for the reception of money |
or other thing of value
on chance or skill or upon the action |
of which money or other thing of
value is staked, hazarded, |
bet, won or lost; or any mechanism, furniture,
fixture, |
equipment or other device designed primarily for use in a |
gambling
place. A "gambling device" does not include:
|
(1) A coin-in-the-slot operated mechanical device |
played for amusement
which rewards the player with the |
right to replay such mechanical device,
which device is so |
constructed or devised as to make such result of the
|
operation thereof depend in part upon the skill of the |
player and which
returns to the player thereof no money, |
property or right to receive money
or property.
|
(2) Vending machines by which full and adequate return |
is made for the
money invested and in which there is no |
element of chance or hazard.
|
(3) A crane game. For the purposes of this paragraph |
(3), a "crane
game" is an amusement device involving skill, |
if it rewards the player
exclusively with merchandise |
contained within the amusement device proper
and limited to |
|
toys, novelties and prizes other than currency, each having
|
a wholesale value which is not more than $25.
|
(4) A redemption machine. For the purposes of this |
paragraph (4), a
"redemption machine" is a single-player or |
multi-player amusement device
involving a game, the object |
of which is throwing, rolling, bowling,
shooting, placing, |
or propelling a ball or other object that is either |
physical or computer generated on a display or with lights |
into, upon, or
against a hole or other target that is |
either physical or computer generated on a display or with |
lights, or stopping, by physical, mechanical, or |
electronic means, a moving object that is either physical |
or computer generated on a display or with lights into, |
upon, or
against a hole or other target that is either |
physical or computer generated on a display or with lights, |
provided that all of the following
conditions are met:
|
(A) The outcome of the game is predominantly |
determined by the
skill of the player.
|
(B) The award of the prize is based solely upon the |
player's
achieving the object of the game or otherwise |
upon the player's score.
|
(C) Only merchandise prizes are awarded.
|
(D) The wholesale value of prizes awarded in lieu |
of tickets
or tokens for single play of the device does |
not exceed $25.
|
(E) The redemption value of tickets, tokens, and |
|
other representations
of value, which may be |
accumulated by players to redeem prizes of greater
|
value, for a single play of the device does not exceed |
$25.
|
(5) Video gaming terminals at a licensed |
establishment, licensed truck stop establishment,
licensed
|
fraternal establishment, or licensed veterans |
establishment licensed in accordance with the Video Gaming |
Act. |
(a-5) "Internet" means an interactive computer service or |
system or an
information service, system, or access software |
provider that provides or
enables computer access by multiple |
users to a computer server, and includes,
but is not limited |
to, an information service, system, or access software
provider |
that provides access to a network system commonly known as the
|
Internet, or any comparable system or service and also |
includes, but is not
limited to, a World Wide Web page, |
newsgroup, message board, mailing list, or
chat area on any |
interactive computer service or system or other online
service.
|
(a-6) "Access" has the meaning ascribed to the term in |
Section 17-55 and "computer" have the meanings ascribed to them |
in
Section
16D-2 of this Code.
|
(a-7) "Computer" has the meaning ascribed to the term in |
Section 17-0.5. |
(b) A "lottery" is any scheme or procedure whereby one or |
more prizes
are distributed by chance among persons who have |
|
paid or promised
consideration for a chance to win such prizes, |
whether such scheme or
procedure is called a lottery, raffle, |
gift, sale or some other name, excluding savings promotion |
raffles authorized under Section 5g of the Illinois Banking |
Act, Section 7008 of the Savings Bank Act, Section 42.7 of the |
Illinois Credit Union Act, Section 5136B of the National Bank |
Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act |
(12 U.S.C. 1463).
|
(c) A "policy game" is any scheme or procedure whereby a |
person promises
or guarantees by any instrument, bill, |
certificate, writing, token or other
device that any particular |
number, character, ticket or certificate shall
in the event of |
any contingency in the nature of a lottery entitle the
|
purchaser or holder to receive money, property or evidence of |
debt.
|
(Source: P.A. 98-31, eff. 6-24-13; 99-149, eff. 1-1-16.)
|
