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Rep. Keith R. Wheeler
Filed: 3/5/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2133
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2133 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Sections 11-6.6, 11-20.1, 17-0.5, 17-52.5, 17-55, |
| 6 | | 28-2 as follows:
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| 7 | | (720 ILCS 5/11-6.6) |
| 8 | | Sec. 11-6.6. Solicitation to meet a child. |
| 9 | | (a) A person of the age of 18 or more years commits the |
| 10 | | offense of solicitation to meet a child if the person while |
| 11 | | using a computer, cellular telephone, or any other device, with |
| 12 | | the intent to meet a child or one whom he or she believes to be |
| 13 | | a child, solicits, entices, induces, or arranges with the child |
| 14 | | to meet at a location without the knowledge of the child's |
| 15 | | parent or guardian and the meeting with the child is arranged |
| 16 | | for a purpose other than a lawful purpose under Illinois law. |
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| 1 | | (b) Sentence. Solicitation to meet a child is a Class A |
| 2 | | misdemeanor.
Solicitation to meet a child is a Class 4 felony |
| 3 | | when the solicitor believes he or she is 5 or more years older |
| 4 | | than the child. |
| 5 | | (c) For purposes of this Section, "child" means any person |
| 6 | | under 17 years of age; and "computer" has the meaning ascribed |
| 7 | | to it in Section 17-0.5 16D-2 of this Code.
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| 8 | | (Source: P.A. 95-983, eff. 6-1-09.)
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| 9 | | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
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| 10 | | Sec. 11-20.1. Child pornography.
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| 11 | | (a) A person commits child pornography who:
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| 12 | | (1) films, videotapes, photographs, or otherwise |
| 13 | | depicts or portrays by
means of any similar visual medium |
| 14 | | or reproduction or depicts by computer any
child whom he or |
| 15 | | she knows or reasonably should know to be under the age of |
| 16 | | 18 or any
person with a severe or profound intellectual |
| 17 | | disability where such child or person with a severe or |
| 18 | | profound intellectual disability is:
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| 19 | | (i) actually or by simulation engaged in any act of |
| 20 | | sexual
penetration or sexual conduct
with any person or |
| 21 | | animal; or
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| 22 | | (ii) actually or by simulation engaged in any act |
| 23 | | of sexual
penetration or sexual conduct
involving the |
| 24 | | sex organs of the child or person with a severe or |
| 25 | | profound intellectual disability and the mouth, anus, |
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| 1 | | or sex organs of
another person or animal; or which |
| 2 | | involves the mouth, anus or sex organs
of the child or |
| 3 | | person with a severe or profound intellectual |
| 4 | | disability and the sex organs of another person or |
| 5 | | animal; or
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| 6 | | (iii) actually or by simulation engaged in any act |
| 7 | | of masturbation; or
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| 8 | | (iv) actually or by simulation portrayed as being |
| 9 | | the object of, or
otherwise engaged in, any act of lewd |
| 10 | | fondling, touching, or caressing
involving another |
| 11 | | person or animal; or
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| 12 | | (v) actually or by simulation engaged in any act of |
| 13 | | excretion or
urination within a sexual context; or
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| 14 | | (vi) actually or by simulation portrayed or |
| 15 | | depicted as bound, fettered,
or subject to sadistic, |
| 16 | | masochistic, or sadomasochistic abuse in any sexual
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| 17 | | context; or
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| 18 | | (vii) depicted or portrayed in any pose, posture or |
| 19 | | setting involving
a lewd exhibition of the unclothed or |
| 20 | | transparently clothed genitals, pubic area, buttocks, |
| 21 | | or, if
such person is female, a fully or partially |
| 22 | | developed breast of the child
or other person; or
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| 23 | | (2) with the knowledge of the nature or content |
| 24 | | thereof, reproduces,
disseminates, offers to disseminate, |
| 25 | | exhibits or possesses with intent to
disseminate any film, |
| 26 | | videotape, photograph or other similar visual
reproduction |
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| 1 | | or depiction by computer of any child or person with a |
| 2 | | severe or profound intellectual disability whom the person |
| 3 | | knows or reasonably should know to be
under the age of 18 |
| 4 | | or to be a person with a severe or profound intellectual |
| 5 | | disability,
engaged in any activity described in |
| 6 | | subparagraphs (i) through (vii) of
paragraph (1) of this |
| 7 | | subsection; or
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| 8 | | (3) with knowledge of the subject matter or theme |
| 9 | | thereof, produces any
stage play, live performance, film, |
| 10 | | videotape or other similar visual
portrayal or depiction by |
| 11 | | computer which
includes a child whom the person knows or |
| 12 | | reasonably should
know to be under the age of 18 or a |
| 13 | | person with a severe or profound intellectual disability |
| 14 | | engaged in any activity described in
subparagraphs (i) |
| 15 | | through (vii) of paragraph (1) of this subsection; or
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| 16 | | (4) solicits, uses, persuades, induces, entices, or |
| 17 | | coerces any child
whom he or she knows or reasonably should |
| 18 | | know to be under
the age of 18 or a person with a severe or |
| 19 | | profound intellectual disability to appear in any stage |
| 20 | | play, live presentation, film,
videotape, photograph or |
| 21 | | other similar visual reproduction or depiction
by computer |
| 22 | | in which the
child or person with a severe or profound |
| 23 | | intellectual disability
is or will be depicted, actually or |
| 24 | | by simulation, in any act, pose or
setting described in |
| 25 | | subparagraphs (i) through (vii) of paragraph (1) of
this |
| 26 | | subsection; or
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| 1 | | (5) is a parent, step-parent, legal guardian or other |
| 2 | | person having
care or custody
of a child whom the person |
| 3 | | knows or reasonably should know to be under
the age of 18 |
| 4 | | or a person with a severe or profound intellectual |
| 5 | | disability and who knowingly permits, induces, promotes, |
| 6 | | or arranges
for such child or person with a severe or |
| 7 | | profound intellectual disability to appear in any stage |
| 8 | | play, live performance, film, videotape,
photograph or |
| 9 | | other similar visual presentation, portrayal or simulation |
| 10 | | or
depiction by computer of any act or activity described |
| 11 | | in subparagraphs (i)
through (vii) of paragraph (1) of this |
| 12 | | subsection; or
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| 13 | | (6) with knowledge of the nature or content thereof, |
| 14 | | possesses any film,
videotape, photograph or other similar |
| 15 | | visual reproduction or depiction by
computer of any child |
| 16 | | or person with a severe or profound intellectual disability
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| 17 | | whom the person knows or reasonably should know to be under |
| 18 | | the age of 18
or to be a person with a severe or profound |
| 19 | | intellectual disability, engaged in any activity described |
| 20 | | in subparagraphs (i) through
(vii) of paragraph (1) of this |
| 21 | | subsection; or
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| 22 | | (7) solicits, or knowingly uses, persuades, induces, |
| 23 | | entices, or coerces, a person
to provide a child under the |
| 24 | | age of 18 or a person with a severe or profound |
| 25 | | intellectual disability to appear in any videotape, |
| 26 | | photograph, film, stage play, live
presentation, or other |
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| 1 | | similar visual reproduction or depiction by computer
in |
| 2 | | which the child or person with a severe or profound |
| 3 | | intellectual disability will be
depicted, actually or by |
| 4 | | simulation, in any act, pose, or setting described in
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| 5 | | subparagraphs (i) through (vii) of paragraph (1) of this |
| 6 | | subsection.
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| 7 | | (a-5) The possession of each individual film, videotape, |
| 8 | | photograph, or other similar visual reproduction or depiction |
| 9 | | by computer in violation of this Section constitutes a single |
| 10 | | and separate violation. This subsection (a-5) does not apply to |
| 11 | | multiple copies of the same film, videotape, photograph, or |
| 12 | | other similar visual reproduction or depiction by computer that |
| 13 | | are identical to each other.
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| 14 | | (b)(1) It shall be an affirmative defense to a charge of |
| 15 | | child
pornography that the defendant reasonably believed, |
| 16 | | under all of the
circumstances, that the child was 18 years of |
| 17 | | age or older or that the
person was not a person with a severe |
| 18 | | or profound intellectual disability but only where, prior to |
| 19 | | the act or acts giving rise to a
prosecution under this |
| 20 | | Section, he or she took some affirmative action or made a
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| 21 | | bonafide inquiry designed to ascertain whether the child was 18 |
| 22 | | years of
age or older or that the person was not a person with a |
| 23 | | severe or profound intellectual disability and his or her |
| 24 | | reliance upon the information
so obtained was clearly |
| 25 | | reasonable.
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| 26 | | (1.5) Telecommunications carriers, commercial mobile |
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| 1 | | service providers, and providers of information services, |
| 2 | | including, but not limited to, Internet service providers and |
| 3 | | hosting service providers, are not liable under this Section by |
| 4 | | virtue of the transmission, storage, or caching of electronic |
| 5 | | communications or messages of others or by virtue of the |
| 6 | | provision of other related telecommunications, commercial |
| 7 | | mobile services, or information services used by others in |
| 8 | | violation of this Section.
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| 9 | | (2) (Blank).
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| 10 | | (3) The charge of child pornography shall not apply to the |
| 11 | | performance
of official duties by law enforcement or |
| 12 | | prosecuting officers or persons employed by law enforcement or |
| 13 | | prosecuting agencies, court personnel
or attorneys, nor to |
| 14 | | bonafide treatment or professional education programs
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| 15 | | conducted by licensed physicians, psychologists or social |
| 16 | | workers.
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| 17 | | (4) If the defendant possessed more than one of the same |
| 18 | | film,
videotape or visual reproduction or depiction by computer |
| 19 | | in which child
pornography is depicted, then the trier of fact |
| 20 | | may infer
that the defendant possessed such
materials with the |
| 21 | | intent to disseminate them.
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| 22 | | (5) The charge of child pornography does not apply to a |
| 23 | | person who does
not voluntarily possess a film, videotape, or |
| 24 | | visual reproduction or depiction
by computer in which child |
| 25 | | pornography is depicted. Possession is voluntary if
the |
| 26 | | defendant knowingly procures or receives a film, videotape, or |
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| 1 | | visual
reproduction or depiction for a sufficient time to be |
| 2 | | able to terminate his
or her possession.
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| 3 | | (6) Any violation of paragraph (1), (2), (3), (4), (5), or |
| 4 | | (7) of subsection (a) that includes a child engaged in, |
| 5 | | solicited for, depicted in, or posed in any act of sexual |
| 6 | | penetration or bound, fettered, or subject to sadistic, |
| 7 | | masochistic, or sadomasochistic abuse in a sexual context shall |
| 8 | | be deemed a crime of violence. |
| 9 | | (c) If the violation does not involve a film, videotape, or |
| 10 | | other moving depiction, a violation of paragraph (1), (4), (5), |
| 11 | | or (7) of subsection (a) is a
Class 1 felony with a mandatory |
| 12 | | minimum fine of $2,000 and a maximum fine of
$100,000. If the |
| 13 | | violation involves a film, videotape, or other moving |
| 14 | | depiction, a violation of paragraph (1), (4), (5), or (7) of |
| 15 | | subsection (a) is a
Class X felony with a mandatory minimum |
| 16 | | fine of $2,000 and a maximum fine of
$100,000. If the violation |
| 17 | | does not involve a film, videotape, or other moving depiction, |
| 18 | | a violation of paragraph (3) of subsection (a) is a Class 1 |
| 19 | | felony
with a mandatory minimum fine of $1500 and a maximum |
| 20 | | fine of $100,000. If the violation involves a film, videotape, |
| 21 | | or other moving depiction, a violation of paragraph (3) of |
| 22 | | subsection (a) is a Class X felony
with a mandatory minimum |
| 23 | | fine of $1500 and a maximum fine of $100,000.
If the violation |
| 24 | | does not involve a film, videotape, or other moving depiction, |
| 25 | | a violation
of paragraph (2) of subsection (a) is a Class 1 |
| 26 | | felony with a
mandatory minimum fine of $1000 and a maximum |
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| 1 | | fine of $100,000. If the violation involves a film, videotape, |
| 2 | | or other moving depiction, a violation of paragraph (2) of |
| 3 | | subsection (a) is a Class X felony with a
mandatory minimum |
| 4 | | fine of $1000 and a maximum fine of $100,000. If the violation |
| 5 | | does not involve a film, videotape, or other moving depiction, |
| 6 | | a violation of
paragraph (6) of subsection (a) is a Class 3 |
| 7 | | felony with a mandatory
minimum fine of $1000 and a maximum |
| 8 | | fine of $100,000. If the violation involves a film, videotape, |
| 9 | | or other moving depiction, a violation of
paragraph (6) of |
| 10 | | subsection (a) is a Class 2 felony with a mandatory
minimum |
| 11 | | fine of $1000 and a maximum fine of $100,000.
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| 12 | | (c-5) Where the child depicted is under the age of 13, a |
| 13 | | violation of paragraph (1), (2), (3), (4), (5), or (7) of |
| 14 | | subsection (a) is a Class X felony with a mandatory minimum |
| 15 | | fine of $2,000 and a maximum fine of $100,000. Where the child |
| 16 | | depicted is under the age of 13, a violation of paragraph (6) |
| 17 | | of subsection (a) is a Class 2 felony with a mandatory minimum |
| 18 | | fine of $1,000 and a maximum fine of $100,000. Where the child |
| 19 | | depicted is under the age of 13, a person who commits a |
| 20 | | violation of paragraph (1), (2), (3), (4), (5), or (7) of |
| 21 | | subsection (a) where the defendant has previously been |
| 22 | | convicted under the laws of this State or any other state of |
| 23 | | the offense of child pornography, aggravated child |
| 24 | | pornography, aggravated criminal sexual abuse, aggravated |
| 25 | | criminal sexual assault, predatory criminal sexual assault of a |
| 26 | | child, or any of the offenses formerly known as rape, deviate |
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| 1 | | sexual assault, indecent liberties with a child, or aggravated |
| 2 | | indecent liberties with a child where the victim was under the |
| 3 | | age of 18 years or an offense that is substantially equivalent |
| 4 | | to those offenses, is guilty of a Class X felony for which the |
| 5 | | person shall be sentenced to a term of imprisonment of not less |
| 6 | | than 9 years with a mandatory minimum fine of $2,000 and a |
| 7 | | maximum fine of $100,000.
Where the child depicted is under the |
| 8 | | age of 13, a person who commits a violation of paragraph (6) of |
| 9 | | subsection (a) where the defendant has previously been |
| 10 | | convicted under the laws of this State or any other state of |
| 11 | | the offense of child pornography, aggravated child |
| 12 | | pornography, aggravated criminal sexual abuse, aggravated |
| 13 | | criminal sexual assault, predatory criminal sexual assault of a |
| 14 | | child, or any of the offenses formerly known as rape, deviate |
| 15 | | sexual assault, indecent liberties with a child, or aggravated |
| 16 | | indecent liberties with a child where the victim was under the |
| 17 | | age of 18 years or an offense that is substantially equivalent |
| 18 | | to those offenses, is guilty of a Class 1 felony with a |
| 19 | | mandatory minimum fine of $1,000 and a maximum fine of |
| 20 | | $100,000. The issue of whether the child depicted is under the |
| 21 | | age of 13 is an element of the offense to be resolved by the |
| 22 | | trier of fact. |
| 23 | | (d) If a person is convicted of a second or subsequent |
| 24 | | violation of
this Section within 10 years of a prior |
| 25 | | conviction, the court shall order a
presentence psychiatric |
| 26 | | examination of the person. The examiner shall report
to the |
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| 1 | | court whether treatment of the person is necessary.
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| 2 | | (e) Any film, videotape, photograph or other similar visual |
| 3 | | reproduction
or depiction by computer which includes a child |
| 4 | | under the age of 18 or a
person with a severe or profound |
| 5 | | intellectual disability engaged in any activity
described in |
| 6 | | subparagraphs (i) through (vii) or paragraph 1 of subsection
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| 7 | | (a), and any material or equipment used or intended for use in |
| 8 | | photographing,
filming, printing, producing, reproducing, |
| 9 | | manufacturing, projecting,
exhibiting, depiction by computer, |
| 10 | | or disseminating such material shall be
seized and forfeited in |
| 11 | | the manner, method and procedure provided by Section
36-1 of |
| 12 | | this Code for the seizure and forfeiture of vessels, vehicles |
| 13 | | and
aircraft.
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| 14 | | In addition, any person convicted under this Section is |
| 15 | | subject to the property forfeiture provisions set forth in |
| 16 | | Article 124B of the Code of Criminal Procedure of 1963. |
| 17 | | (e-5) Upon the conclusion of a case brought under this |
| 18 | | Section, the court
shall seal all evidence depicting a victim |
| 19 | | or witness that is sexually
explicit. The evidence may be |
| 20 | | unsealed and viewed, on a motion of the party
seeking to unseal |
| 21 | | and view the evidence, only for good cause shown and in the
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| 22 | | discretion of the court. The motion must expressly set forth |
| 23 | | the purpose for
viewing the material. The State's attorney and |
| 24 | | the victim, if possible, shall
be provided reasonable notice of |
| 25 | | the hearing on the motion to unseal the
evidence. Any person |
| 26 | | entitled to notice of a hearing under this subsection
(e-5) may |
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| 1 | | object to the motion.
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| 2 | | (f) Definitions. For the purposes of this Section:
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| 3 | | (1) "Disseminate" means (i) to sell, distribute, |
| 4 | | exchange or transfer
possession, whether with or without |
| 5 | | consideration or (ii) to make a depiction
by computer |
| 6 | | available for distribution or downloading through the |
| 7 | | facilities
of any telecommunications network or through |
| 8 | | any other means of transferring
computer programs or data |
| 9 | | to a computer.
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| 10 | | (2) "Produce" means to direct, promote, advertise, |
| 11 | | publish, manufacture,
issue, present or show.
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| 12 | | (3) "Reproduce" means to make a duplication or copy.
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| 13 | | (4) "Depict by computer" means to generate or create, |
| 14 | | or cause to be
created or generated, a computer program or |
| 15 | | data that, after being processed by
a computer either alone |
| 16 | | or in conjunction with one or more computer programs,
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| 17 | | results in a visual depiction on a computer monitor, |
| 18 | | screen, or display.
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| 19 | | (5) "Depiction by computer" means a computer program or |
| 20 | | data that, after
being processed by a computer either alone |
| 21 | | or in conjunction with one or more
computer programs, |
| 22 | | results in a visual depiction on a computer monitor, |
| 23 | | screen,
or display.
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| 24 | | (6) "Computer", "computer program", and "data" have |
| 25 | | the meanings
ascribed to them in Section 17.05 16D-2 of |
| 26 | | this Code.
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| 1 | | (7) For the purposes of this Section, "child |
| 2 | | pornography" includes a film, videotape, photograph, or |
| 3 | | other similar
visual medium or reproduction or depiction by |
| 4 | | computer that is, or appears to
be, that of a person, |
| 5 | | either in part, or in total, under the age of 18 or a |
| 6 | | person with a severe or profound intellectual disability,
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| 7 | | regardless of the method by which the film, videotape, |
| 8 | | photograph, or other
similar visual medium or reproduction |
| 9 | | or depiction by computer is created,
adopted, or modified |
| 10 | | to appear as such. "Child pornography" also includes a |
| 11 | | film,
videotape, photograph, or other similar visual |
| 12 | | medium or reproduction or
depiction by computer that is |
| 13 | | advertised, promoted, presented, described, or
distributed |
| 14 | | in such a manner that conveys the impression that the film,
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| 15 | | videotape, photograph, or other similar visual medium or |
| 16 | | reproduction or
depiction by computer is of a person under |
| 17 | | the age of 18 or a person with a severe or profound |
| 18 | | intellectual disability.
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| 19 | | (g) Re-enactment; findings; purposes.
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| 20 | | (1) The General Assembly finds and declares that:
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| 21 | | (i) Section 50-5 of Public Act 88-680, effective |
| 22 | | January 1, 1995,
contained provisions amending the |
| 23 | | child pornography statute, Section 11-20.1
of the |
| 24 | | Criminal Code of 1961. Section 50-5 also contained |
| 25 | | other provisions.
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| 26 | | (ii) In addition, Public Act 88-680 was entitled |
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| 1 | | "AN ACT to create a
Safe Neighborhoods Law". (A) |
| 2 | | Article 5 was entitled JUVENILE JUSTICE and
amended the |
| 3 | | Juvenile Court Act of 1987. (B) Article 15 was entitled |
| 4 | | GANGS and
amended various provisions of the Criminal |
| 5 | | Code of 1961 and the Unified Code
of Corrections. (C) |
| 6 | | Article 20 was entitled ALCOHOL ABUSE and amended |
| 7 | | various
provisions of the Illinois Vehicle Code. (D) |
| 8 | | Article 25 was entitled DRUG
ABUSE and amended the |
| 9 | | Cannabis Control Act and the Illinois Controlled
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| 10 | | Substances Act. (E) Article 30 was entitled FIREARMS |
| 11 | | and amended the Criminal
Code of 1961 and the Code of |
| 12 | | Criminal Procedure of 1963. (F) Article 35
amended the |
| 13 | | Criminal Code of 1961, the Rights of Crime Victims and |
| 14 | | Witnesses
Act, and the Unified Code of Corrections. (G) |
| 15 | | Article 40 amended the Criminal
Code of 1961 to |
| 16 | | increase the penalty for compelling organization |
| 17 | | membership of
persons. (H) Article 45 created the |
| 18 | | Secure Residential Youth Care Facility
Licensing Act |
| 19 | | and amended the State Finance Act, the Juvenile Court |
| 20 | | Act of
1987, the Unified Code of Corrections, and the |
| 21 | | Private Correctional Facility
Moratorium Act. (I) |
| 22 | | Article 50 amended the WIC Vendor Management Act, the
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| 23 | | Firearm Owners Identification Card Act, the Juvenile |
| 24 | | Court Act of 1987, the
Criminal Code of 1961, the |
| 25 | | Wrongs to Children Act, and the Unified Code of
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| 26 | | Corrections.
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| 1 | | (iii) On September 22, 1998, the Third District |
| 2 | | Appellate Court in
People v. Dainty, 701 N.E. 2d 118, |
| 3 | | ruled that Public Act 88-680 violates the
single |
| 4 | | subject clause of the Illinois Constitution (Article |
| 5 | | IV, Section 8 (d))
and was unconstitutional in its |
| 6 | | entirety. As of the time this amendatory Act
of 1999 |
| 7 | | was prepared, People v. Dainty was still subject to |
| 8 | | appeal.
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| 9 | | (iv) Child pornography is a vital concern to the |
| 10 | | people of this State
and the validity of future |
| 11 | | prosecutions under the child pornography statute of
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| 12 | | the Criminal Code of 1961 is in grave doubt.
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| 13 | | (2) It is the purpose of this amendatory Act of 1999 to |
| 14 | | prevent or
minimize any problems relating to prosecutions |
| 15 | | for child pornography that may
result from challenges to |
| 16 | | the constitutional validity of Public Act 88-680 by
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| 17 | | re-enacting the Section relating to child pornography that |
| 18 | | was included in
Public Act 88-680.
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| 19 | | (3) This amendatory Act of 1999 re-enacts Section |
| 20 | | 11-20.1 of the
Criminal Code of 1961, as it has been |
| 21 | | amended. This re-enactment is intended
to remove any |
| 22 | | question as to the validity or content of that Section; it |
| 23 | | is not
intended to supersede any other Public Act that |
| 24 | | amends the text of the Section
as set forth in this |
| 25 | | amendatory Act of 1999. The material is shown as existing
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| 26 | | text (i.e., without underscoring) because, as of the time |
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| 1 | | this amendatory Act
of 1999 was prepared, People v. Dainty |
| 2 | | was subject to appeal to the Illinois
Supreme Court.
|
| 3 | | (4) The re-enactment by this amendatory Act of 1999 of |
| 4 | | Section 11-20.1 of
the Criminal Code of 1961 relating to |
| 5 | | child pornography that was amended by
Public Act 88-680 is |
| 6 | | not intended, and shall not be construed, to imply that
|
| 7 | | Public Act 88-680 is invalid or to limit or impair any |
| 8 | | legal argument
concerning whether those provisions were |
| 9 | | substantially re-enacted by other
Public Acts.
|
| 10 | | (Source: P.A. 98-437, eff. 1-1-14; 99-143, eff. 7-27-15.)
|
| 11 | | (720 ILCS 5/17-0.5) |
| 12 | | Sec. 17-0.5. Definitions. In this Article: |
| 13 | | "Altered credit card or debit card" means any instrument
or |
| 14 | | device, whether known as a credit card or debit card, which has |
| 15 | | been
changed in any
respect by addition or deletion of any |
| 16 | | material, except for the signature
by the person to whom the |
| 17 | | card is issued. |
| 18 | | "Cardholder" means the person or organization named on the
|
| 19 | | face of a credit card or debit card to whom or for whose |
| 20 | | benefit the
credit card or debit card is issued by an issuer. |
| 21 | | "Computer" means a device that accepts, processes, stores, |
| 22 | | retrieves,
or outputs data and includes, but is not limited to, |
| 23 | | auxiliary storage, including cloud-based networks of remote |
| 24 | | services hosted on the Internet, and
telecommunications |
| 25 | | devices connected to computers. |
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| 1 | | "Computer network" means a set of related, remotely |
| 2 | | connected
devices and any communications facilities including |
| 3 | | more than one
computer with the capability to transmit data |
| 4 | | between them through the
communications facilities. |
| 5 | | "Computer program" or "program" means a series of coded |
| 6 | | instructions or
statements in a form acceptable to a computer |
| 7 | | which causes the computer to
process data and supply the |
| 8 | | results of the data processing. |
| 9 | | "Computer services" means computer time or services, |
| 10 | | including data
processing services, Internet services, |
| 11 | | electronic mail services, electronic
message services, or |
| 12 | | information or data stored in connection therewith. |
| 13 | | "Counterfeit" means to manufacture, produce or create, by |
| 14 | | any
means, a credit card or debit card without the purported |
| 15 | | issuer's
consent or authorization. |
| 16 | | "Credit card" means any instrument or device, whether known |
| 17 | | as a credit
card, credit plate, charge plate or any other name, |
| 18 | | issued with or without
fee by an issuer for the use of the |
| 19 | | cardholder in obtaining money, goods,
services or anything else |
| 20 | | of value on credit or in consideration or an
undertaking or |
| 21 | | guaranty by the issuer of the payment of a check drawn by
the |
| 22 | | cardholder. |
| 23 | | "Data" means a representation in any form of information, |
| 24 | | knowledge, facts, concepts,
or instructions, including program |
| 25 | | documentation, which is prepared or has been prepared in a
|
| 26 | | formalized manner and is stored or processed in or transmitted |
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| 1 | | by a computer or in a system or network.
Data is considered |
| 2 | | property and may be in any form, including, but not
limited to, |
| 3 | | printouts, magnetic or optical storage media, punch cards, or
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| 4 | | data stored internally in the memory of the computer. |
| 5 | | "Debit card" means any instrument or device, known by any
|
| 6 | | name, issued with or without fee by an issuer for the use of |
| 7 | | the cardholder
in obtaining money, goods, services, and |
| 8 | | anything else of value, payment of
which is made against funds |
| 9 | | previously deposited by the cardholder. A debit
card which also |
| 10 | | can be used to obtain money, goods, services and anything
else |
| 11 | | of value on credit shall not be considered a debit card when it |
| 12 | | is
being used to obtain money, goods, services or anything else |
| 13 | | of value on credit. |
| 14 | | "Document" includes, but is not limited to, any document, |
| 15 | | representation, or image produced manually, electronically, or |
| 16 | | by computer. |
| 17 | | "Electronic fund transfer terminal" means any machine or
|
| 18 | | device that, when properly activated, will perform any of the |
| 19 | | following services: |
| 20 | | (1) Dispense money as a debit to the cardholder's |
| 21 | | account; or |
| 22 | | (2) Print the cardholder's account balances on a |
| 23 | | statement; or |
| 24 | | (3) Transfer funds between a cardholder's accounts; or |
| 25 | | (4) Accept payments on a cardholder's loan; or |
| 26 | | (5) Dispense cash advances on an open end credit or a |
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| 1 | | revolving charge agreement; or |
| 2 | | (6) Accept deposits to a customer's account; or |
| 3 | | (7) Receive inquiries of verification of checks and |
| 4 | | dispense information
that verifies that funds are |
| 5 | | available to cover such checks; or |
| 6 | | (8) Cause money to be transferred electronically from a |
| 7 | | cardholder's
account to an account held by any business, |
| 8 | | firm, retail merchant,
corporation, or any other |
| 9 | | organization. |
| 10 | | "Electronic funds transfer system", hereafter referred to |
| 11 | | as
"EFT System", means that system whereby funds are |
| 12 | | transferred
electronically from a cardholder's account to any |
| 13 | | other account. |
| 14 | | "Electronic mail service provider" means any person who (i) |
| 15 | | is an
intermediary in sending or receiving electronic mail and |
| 16 | | (ii) provides to
end-users of electronic mail services the |
| 17 | | ability to send or receive electronic
mail. |
| 18 | | "Expired credit card or debit card" means a credit card
or |
| 19 | | debit card which is no longer valid because the term on it has |
| 20 | | elapsed. |
| 21 | | "False academic degree" means a certificate, diploma, |
| 22 | | transcript, or other
document purporting to be issued by an |
| 23 | | institution of higher learning or
purporting to indicate that a |
| 24 | | person has completed an organized academic
program of study at |
| 25 | | an institution of higher learning when the person has not
|
| 26 | | completed the organized academic program of study indicated
on |
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| 1 | | the certificate, diploma, transcript, or other document. |
| 2 | | "False claim" means any statement made to any insurer, |
| 3 | | purported
insurer, servicing corporation, insurance broker, or |
| 4 | | insurance agent, or any
agent or employee of one of those |
| 5 | | entities, and made as part of, or in support of, a
claim for
|
| 6 | | payment or other benefit under a policy of insurance, or as |
| 7 | | part of, or
in support of, an application for the issuance of, |
| 8 | | or the rating of, any
insurance policy, when the statement does |
| 9 | | any of the following: |
| 10 | | (1) Contains any false, incomplete, or
misleading |
| 11 | | information concerning any fact or thing material to the |
| 12 | | claim. |
| 13 | | (2) Conceals (i) the occurrence of an event that is |
| 14 | | material to any person's initial or
continued right or |
| 15 | | entitlement to any insurance benefit or payment or (ii) the
|
| 16 | | amount of any benefit or payment to which the person is |
| 17 | | entitled. |
| 18 | | "Financial institution" means any bank, savings and loan |
| 19 | | association, credit union, or other depository of money or |
| 20 | | medium of savings and collective investment. |
| 21 | | "Governmental entity" means: each officer, board, |
| 22 | | commission, and
agency created by the Constitution, whether in |
| 23 | | the executive, legislative, or
judicial branch of State |
| 24 | | government; each officer, department, board,
commission, |
| 25 | | agency, institution, authority, university, and body politic |
| 26 | | and
corporate of the State; each administrative unit or |
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| 1 | | corporate outgrowth of
State government that is created by or |
| 2 | | pursuant to
statute, including units of local government and |
| 3 | | their officers, school
districts, and boards of election |
| 4 | | commissioners; and each administrative unit
or corporate |
| 5 | | outgrowth of the foregoing items and as may be created by |
| 6 | | executive order of
the Governor. |
| 7 | | "Incomplete credit card or debit card" means a credit
card |
| 8 | | or debit card which is missing part of the matter other than |
| 9 | | the
signature of the cardholder which an issuer requires to |
| 10 | | appear on the
credit card or debit card before it can be used |
| 11 | | by a cardholder, and
this includes credit cards or debit cards |
| 12 | | which have not been stamped,
embossed, imprinted or written on. |
| 13 | | "Institution of higher learning" means a public or private |
| 14 | | college,
university, or community college located in the State |
| 15 | | of Illinois that is
authorized by the Board of Higher Education |
| 16 | | or the Illinois Community
College Board to issue post-secondary |
| 17 | | degrees, or a public or private college,
university, or |
| 18 | | community college located anywhere in the United States that is
|
| 19 | | or has been legally constituted to offer degrees and |
| 20 | | instruction in its state
of origin or incorporation. |
| 21 | | "Insurance company" means "company" as defined under |
| 22 | | Section 2 of the
Illinois Insurance Code. |
| 23 | | "Issuer" means the business organization or financial
|
| 24 | | institution which issues a credit card or debit card, or its |
| 25 | | duly authorized agent. |
| 26 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 |
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| 1 | | of this Code. |
| 2 | | "Person" means any individual, corporation, government, |
| 3 | | governmental
subdivision or agency, business trust, estate, |
| 4 | | trust, partnership or
association or any other entity. |
| 5 | | "Receives" or "receiving" means acquiring possession or |
| 6 | | control. |
| 7 | | "Record of charge form" means any document submitted or |
| 8 | | intended to be
submitted to an issuer as evidence of a credit |
| 9 | | transaction for which the
issuer has agreed to reimburse |
| 10 | | persons providing money, goods, property,
services or other |
| 11 | | things of value. |
| 12 | | "Revoked credit card or debit card" means a credit card
or |
| 13 | | debit card which is no longer valid because permission to use |
| 14 | | it has
been suspended or terminated by the issuer. |
| 15 | | "Sale" means any delivery for value. |
| 16 | | "Scheme or artifice to defraud" includes a scheme or |
| 17 | | artifice to deprive another of the intangible right to honest |
| 18 | | services. |
| 19 | | "Self-insured entity" means any person, business, |
| 20 | | partnership,
corporation, or organization that sets aside |
| 21 | | funds to meet his, her, or its
losses or to absorb fluctuations |
| 22 | | in the amount of loss, the losses being
charged against the |
| 23 | | funds set aside or accumulated. |
| 24 | | "Social networking website" means an Internet website |
| 25 | | containing profile web pages of the members of the website that |
| 26 | | include the names or nicknames of such members, photographs |
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| 1 | | placed on the profile web pages by such members, or any other |
| 2 | | personal or personally identifying information about such |
| 3 | | members and links to other profile web pages on social |
| 4 | | networking websites of friends or associates of such members |
| 5 | | that can be accessed by other members or visitors to the |
| 6 | | website. A social networking website provides members of or |
| 7 | | visitors to such website the ability to leave messages or |
| 8 | | comments on the profile web page that are visible to all or |
| 9 | | some visitors to the profile web page and may also include a |
| 10 | | form of electronic mail for members of the social networking |
| 11 | | website. |
| 12 | | "Statement" means any assertion, oral, written, or |
| 13 | | otherwise, and
includes, but is not limited to: any notice, |
| 14 | | letter, or memorandum; proof of
loss; bill of lading; receipt |
| 15 | | for payment; invoice, account, or other financial
statement; |
| 16 | | estimate of property damage; bill for services; diagnosis or
|
| 17 | | prognosis;
prescription; hospital, medical, or dental chart or |
| 18 | | other record, x-ray,
photograph, videotape, or movie film; test |
| 19 | | result; other evidence of loss,
injury, or expense; |
| 20 | | computer-generated document; and data in any form. |
| 21 | | "Universal Price Code Label" means a unique symbol that |
| 22 | | consists of a machine-readable code and human-readable |
| 23 | | numbers. |
| 24 | | "With intent to defraud" means to act knowingly, and with |
| 25 | | the specific intent to deceive or cheat, for the purpose of |
| 26 | | causing financial loss to another or bringing some financial |
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| 1 | | gain to oneself, regardless of whether any person was actually |
| 2 | | defrauded or deceived. This includes an intent to cause another |
| 3 | | to assume, create, transfer, alter, or terminate any right, |
| 4 | | obligation, or power with reference to any person or property.
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| 5 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.)
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| 6 | | (720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) |
| 7 | | Sec. 17-52.5. Unlawful use of encryption. |
| 8 | | (a) For the purpose of this Section: |
| 9 | | "Computer" has the meaning ascribed to the term in |
| 10 | | Section 17-0.5 means an electronic device which performs |
| 11 | | logical, arithmetic, and memory functions by manipulations |
| 12 | | of electronic or magnetic impulses and includes all |
| 13 | | equipment related to the computer in a system or network. |
| 14 | | "Computer contaminant" means any data, information, |
| 15 | | image, program, signal, or sound that is designated or has |
| 16 | | the capability to: (1) contaminate, corrupt, consume, |
| 17 | | damage, destroy, disrupt, modify, record, or transmit; or |
| 18 | | (2) cause to be contaminated, corrupted, consumed, |
| 19 | | damaged, destroyed, disrupted, modified, recorded, or |
| 20 | | transmitted, any other data, information, image, program, |
| 21 | | signal, or sound contained in a computer, system, or |
| 22 | | network without the knowledge or consent of the person who |
| 23 | | owns the other data, information, image, program, signal, |
| 24 | | or sound or the computer, system, or network. |
| 25 | | "Computer contaminant" includes, without limitation: |
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| 1 | | (1) a virus, worm, or Trojan horse; (2) spyware that tracks |
| 2 | | computer activity and is capable of recording and |
| 3 | | transmitting such information to third parties; or (3) any |
| 4 | | other similar data, information, image, program, signal, |
| 5 | | or sound that is designed or has the capability to prevent, |
| 6 | | impede, delay, or disrupt the normal operation or use of |
| 7 | | any component, device, equipment, system, or network. |
| 8 | | "Encryption" means the use of any protective or |
| 9 | | disruptive measure, including, without limitation, |
| 10 | | cryptography, enciphering, encoding, or a computer |
| 11 | | contaminant, to: (1) prevent, impede, delay, or disrupt |
| 12 | | access to any data, information, image, program, signal, or |
| 13 | | sound; (2) cause or make any data, information, image, |
| 14 | | program, signal, or sound unintelligible or unusable; or |
| 15 | | (3) prevent, impede, delay, or disrupt the normal operation |
| 16 | | or use of any component, device, equipment, system, or |
| 17 | | network. |
| 18 | | "Network" means a set of related, remotely connected |
| 19 | | devices and facilities, including more than one system, |
| 20 | | with the capability to transmit data among any of the |
| 21 | | devices and facilities. The term includes, without |
| 22 | | limitation, a local, regional, or global computer network. |
| 23 | | "Program" means an ordered set of data representing |
| 24 | | coded instructions or statements which can be executed by a |
| 25 | | computer and cause the computer to perform one or more |
| 26 | | tasks. |
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| 1 | | "System" means a set of related equipment, whether or |
| 2 | | not connected, which is used with or for a computer. |
| 3 | | (b) A person shall not knowingly use or attempt to use |
| 4 | | encryption, directly or indirectly, to: |
| 5 | | (1) commit, facilitate, further, or promote any |
| 6 | | criminal offense; |
| 7 | | (2) aid, assist, or encourage another person to commit |
| 8 | | any criminal offense; |
| 9 | | (3) conceal evidence of the commission of any criminal |
| 10 | | offense; or |
| 11 | | (4) conceal or protect the identity of a person who has |
| 12 | | committed any criminal offense. |
| 13 | | (c) Telecommunications carriers and information service |
| 14 | | providers are not liable under this Section, except for willful |
| 15 | | and wanton misconduct, for providing encryption services used |
| 16 | | by others in violation of this Section. |
| 17 | | (d) Sentence. A person who violates this Section is guilty |
| 18 | | of a Class A misdemeanor, unless the encryption was used or |
| 19 | | attempted to be used to commit an offense for which a greater |
| 20 | | penalty is provided by law. If the encryption was used or |
| 21 | | attempted to be used to commit an offense for which a greater |
| 22 | | penalty is provided by law, the person shall be punished as |
| 23 | | prescribed by law for that offense. |
| 24 | | (e) A person who violates this Section commits a criminal |
| 25 | | offense that is separate and distinct from any other criminal |
| 26 | | offense and may be prosecuted and convicted under this Section |
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| 1 | | whether or not the person or any other person is or has been |
| 2 | | prosecuted or convicted for any other criminal offense arising |
| 3 | | out of the same facts as the violation of this Section.
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| 4 | | (Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11.)
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| 5 | | (720 ILCS 5/17-55) |
| 6 | | Sec. 17-55. Definitions. For the purposes of this |
| 7 | | subdivision 30 Sections 17-50 through 17-53: |
| 8 | | In addition to its meaning as defined in Section 15-1 of |
| 9 | | this Code,
"property" means: (1) electronic impulses;
(2) |
| 10 | | electronically produced data; (3) confidential, copyrighted, |
| 11 | | or proprietary
information; (4) private identification codes |
| 12 | | or numbers which permit access to
a computer by authorized |
| 13 | | computer users or generate billings to consumers
for purchase |
| 14 | | of goods and services, including but not limited to credit
card |
| 15 | | transactions and telecommunications services or permit |
| 16 | | electronic fund
transfers; (5) software or programs in either |
| 17 | | machine or human readable
form; or (6) any other tangible or |
| 18 | | intangible item relating to a computer
or any part thereof. |
| 19 | | "Access" means to use, instruct, communicate with, store |
| 20 | | data
in, retrieve or intercept data from, or otherwise utilize |
| 21 | | any services
of, a computer, a network, or data. |
| 22 | | "Services" includes but is not limited to computer time, |
| 23 | | data
manipulation, or storage functions. |
| 24 | | "Vital services or operations" means those services or |
| 25 | | operations
required to provide, operate, maintain, and repair |
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| 1 | | network cabling,
transmission, distribution, or computer |
| 2 | | facilities necessary to ensure or
protect the public health, |
| 3 | | safety, or welfare. Those services or operations include, but |
| 4 | | are not limited to, services provided by medical
personnel or |
| 5 | | institutions, fire departments, emergency services agencies,
|
| 6 | | national defense contractors, armed forces or militia |
| 7 | | personnel, private
and public utility companies, or law |
| 8 | | enforcement agencies.
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| 9 | | (Source: P.A. 96-1551, eff. 7-1-11.)
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| 10 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
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| 11 | | Sec. 28-2. Definitions.
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| 12 | | (a) A "gambling device" is any clock, tape machine, slot |
| 13 | | machine or
other machines or device for the reception of money |
| 14 | | or other thing of value
on chance or skill or upon the action |
| 15 | | of which money or other thing of
value is staked, hazarded, |
| 16 | | bet, won or lost; or any mechanism, furniture,
fixture, |
| 17 | | equipment or other device designed primarily for use in a |
| 18 | | gambling
place. A "gambling device" does not include:
|
| 19 | | (1) A coin-in-the-slot operated mechanical device |
| 20 | | played for amusement
which rewards the player with the |
| 21 | | right to replay such mechanical device,
which device is so |
| 22 | | constructed or devised as to make such result of the
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| 23 | | operation thereof depend in part upon the skill of the |
| 24 | | player and which
returns to the player thereof no money, |
| 25 | | property or right to receive money
or property.
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| 1 | | (2) Vending machines by which full and adequate return |
| 2 | | is made for the
money invested and in which there is no |
| 3 | | element of chance or hazard.
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| 4 | | (3) A crane game. For the purposes of this paragraph |
| 5 | | (3), a "crane
game" is an amusement device involving skill, |
| 6 | | if it rewards the player
exclusively with merchandise |
| 7 | | contained within the amusement device proper
and limited to |
| 8 | | toys, novelties and prizes other than currency, each having
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| 9 | | a wholesale value which is not more than $25.
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| 10 | | (4) A redemption machine. For the purposes of this |
| 11 | | paragraph (4), a
"redemption machine" is a single-player or |
| 12 | | multi-player amusement device
involving a game, the object |
| 13 | | of which is throwing, rolling, bowling,
shooting, placing, |
| 14 | | or propelling a ball or other object that is either |
| 15 | | physical or computer generated on a display or with lights |
| 16 | | into, upon, or
against a hole or other target that is |
| 17 | | either physical or computer generated on a display or with |
| 18 | | lights, or stopping, by physical, mechanical, or |
| 19 | | electronic means, a moving object that is either physical |
| 20 | | or computer generated on a display or with lights into, |
| 21 | | upon, or
against a hole or other target that is either |
| 22 | | physical or computer generated on a display or with lights, |
| 23 | | provided that all of the following
conditions are met:
|
| 24 | | (A) The outcome of the game is predominantly |
| 25 | | determined by the
skill of the player.
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| 26 | | (B) The award of the prize is based solely upon the |
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| 1 | | player's
achieving the object of the game or otherwise |
| 2 | | upon the player's score.
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| 3 | | (C) Only merchandise prizes are awarded.
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| 4 | | (D) The wholesale value of prizes awarded in lieu |
| 5 | | of tickets
or tokens for single play of the device does |
| 6 | | not exceed $25.
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| 7 | | (E) The redemption value of tickets, tokens, and |
| 8 | | other representations
of value, which may be |
| 9 | | accumulated by players to redeem prizes of greater
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| 10 | | value, for a single play of the device does not exceed |
| 11 | | $25.
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| 12 | | (5) Video gaming terminals at a licensed |
| 13 | | establishment, licensed truck stop establishment,
licensed
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| 14 | | fraternal establishment, or licensed veterans |
| 15 | | establishment licensed in accordance with the Video Gaming |
| 16 | | Act. |
| 17 | | (a-5) "Internet" means an interactive computer service or |
| 18 | | system or an
information service, system, or access software |
| 19 | | provider that provides or
enables computer access by multiple |
| 20 | | users to a computer server, and includes,
but is not limited |
| 21 | | to, an information service, system, or access software
provider |
| 22 | | that provides access to a network system commonly known as the
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| 23 | | Internet, or any comparable system or service and also |
| 24 | | includes, but is not
limited to, a World Wide Web page, |
| 25 | | newsgroup, message board, mailing list, or
chat area on any |
| 26 | | interactive computer service or system or other online
service.
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| 1 | | (a-6) "Access" has the meaning ascribed to the term in |
| 2 | | Section 17-55 and "computer" have the meanings ascribed to them |
| 3 | | in
Section
16D-2 of this Code.
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| 4 | | (a-7) "Computer" has the meaning ascribed to the term in |
| 5 | | Section 17-0.5. |
| 6 | | (b) A "lottery" is any scheme or procedure whereby one or |
| 7 | | more prizes
are distributed by chance among persons who have |
| 8 | | paid or promised
consideration for a chance to win such prizes, |
| 9 | | whether such scheme or
procedure is called a lottery, raffle, |
| 10 | | gift, sale or some other name, excluding savings promotion |
| 11 | | raffles authorized under Section 5g of the Illinois Banking |
| 12 | | Act, Section 7008 of the Savings Bank Act, Section 42.7 of the |
| 13 | | Illinois Credit Union Act, Section 5136B of the National Bank |
| 14 | | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act |
| 15 | | (12 U.S.C. 1463).
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| 16 | | (c) A "policy game" is any scheme or procedure whereby a |
| 17 | | person promises
or guarantees by any instrument, bill, |
| 18 | | certificate, writing, token or other
device that any particular |
| 19 | | number, character, ticket or certificate shall
in the event of |
| 20 | | any contingency in the nature of a lottery entitle the
|
| 21 | | purchaser or holder to receive money, property or evidence of |
| 22 | | debt.
|
| 23 | | (Source: P.A. 98-31, eff. 6-24-13; 99-149, eff. 1-1-16.)".
|