home *** CD-ROM | disk | FTP | other *** search
- /* BBS LEGAL GUIDE COMMENTARY- The Illinois Computer Crime
- Prevention law, adopted in 1981, and amended in 1987. This is
- article 16D of the "Criminal Code of 1961." */
-
- 16D-1. Short title
-
- Section 16D-1. Short title. This Article shall be known and may
- be cited as the "Computer Crime Prevention Law."
-
- 16D-2. Definitions
-
- Section 16D-2. Definitions. As used in this Article, unless the
- context otherwise indicates:
-
- (a) "Computer" means a device that accepts, processes, stores,
- retrieves or outputs data, and includes but is not limited to
- auxiliary storage and telecommunications devices connected to
- computers.
-
- (b) "Computer program" or "program" means a series of coded
- instructions or statements in a form acceptable to a computer
- which causes the computer to process data and supply th results
- of the data processing.
-
- (c) "Data" means a representation of information, knowledge,
- facts, concepts or instructions, including program documentation,
- which is prepared in a formalized manner and is stored or
- processed in or transmitted by a computer. Data shall be
- considered property and may be in any form including but not
- limited to printouts, magnetic or optical storage media, punch
- cards or data stored internally in the memory of the computer.
-
- (d) In addition to its meaning as defined in Section 15-1 of this
- Code, "property" means: (1) electronic impulses; (2)
- electronically produced data; (3) confidential, copyrighted or
- proprietary information; (4) private identification codes or
- numbers which permit access to a computer by authorized computer
- users or generate billings to consumers for purchase of goods and
- services, including but not limited to credit card transaction
- and telecommunications services or permit electronic fund
- transactions; (5) software or program in either machine or human
- readable form; or (6) any other tangible or intangible item
- relating to a computer or any part thereof.
-
- (e) "Access" means to use, instruct, communicate with, store data
- in, retrieve o intercept data from, or otherwise utilize any
- services of a computer.
-
- (f) "Services" includes but is not limited to computer time, data
- manipulation or storage functions.
-
- (g) "Vital services or operations" means those services or
- operation required ot provide, operate, maintain, and repair
- network cabling, transmission, distribution, or computer
- facilities necessary to ensure or protect the public health,
- safety, or welfare. Public health, safety, or welfare include,
- but are not limited to, services provided by medical personnel or
- institutions, fire departments, emergency services agencies,
- national defense contractors, armed forces or militia personnel,
- p[rivate and public utility companies or law enforcement
- agencies.
-
- 16D-3. Computer tampering
-
- Section 16D-3. Computer Tampering. (a) A person commits the
- offense of computer tampering when he knowingly and without the
- authorization of a computer's owner, as defined in Section 15-2
- of this Code, or in excess of the authority granted to him:
-
- (1) Access or cause to be accessed a computer or any part
- thereof, or a program or data;
-
- (2) Accesses or causes to be accessed a computer or any part
- thereof, or a program or data, and obtains data or services;
-
- (3) Accesses or causes to be accessed a computer or any part
- thereof, or a program or data, and damages or destroys the
- computer or alters, deletes or removes a computer program or data;
-
- (4) Inserts or attempt to insert a "program" into a computer or
- computer program knowing or having reason to believe that such
- "program" contains information or commands that will or may
- damage or destroy that computer, or any other computer
- subsequently accessing or being accessed by that computer, or
- that will or may alter, delete or remove a computer program or
- data from that computer, or any other computer program or data in
- a computer subsequently accessing or being accessed by that
- computer, or that will or may cause loss to the users of that
- computer or the users of a computer which accesses or which is
- accessed by such "program."
-
- (b) Sentence.
-
- (1) A person who commits the offense of computer tampering as set
- forth in subsection (a)(1) of this Section shall be guilty of a
- Class B misdemeanor.
-
- (2) A person who commits the offense of computer tampering as set
- forth in subsection (a)(2) of this Section shall be guilty of a
- Class A misdemeanor and a Class 4 felony for the second or
- subsequent offense.
-
- (3) A person who commits the offense of computer tampering as set
- forth in subsection (a)(3) or subsection (a)(4) of this Section
- shall be guilty of a Class 4 felony and a Class 3 felony for the
- second or subsequent offense.
-
- (c) Whoever suffers loss by reason of a violation of subsection
- (a)(4) of this Section may, in a civil action against the
- violator, obtain appropriate relief. In a civil action under this
- Section, the Court ma award to the prevailing party reasonable
- attorney's fees and other litigation expenses.
-
- 16D-4. Aggravate computer tampering
-
- Section 16 D-4. Aggravated Computer Tampering. (A) A person
- commits aggravated computer tampering when he commits the offense
- of computer tampering as set forth in subsection (a)(3) of
- Section 16D-3 and he knowingly:
-
- (1) causes disruption of or interference with vital services or
- operations of State or local government or a public utility; or
-
- (2) creates a strong probability of death or great bodily harm to
- one or more individuals.
-
- (b) Sentence. (1) A person who commits the offense of aggravated
- computer tampering as set forth in subsection (a)(1) of this
- Section shall be guilty of a Class 3 felony.
-
- (2) A person who commits the offense of aggravated computer
- tampering as set forth in subsection(a)(2) of this Section shall
- be guilty of Class 2 felony.
-
- 16D-5. Computer fraud
-
- Section 16D-5. Computer Fraud. (a) A person commits the offense
- of computer fraud when he knowingly:
-
- (1) Accesses or causes to be accessed a computer or any part
- thereof, or alters, deletes, or removes any program or data
- contained therein, in connection with any scheme , artifice to
- defraud, or as part of a deception;
-
- (2) Obtains use of, damages, or destroys a computer or any part
- thereof, or alters, deletes, or removes any program or data
- contained therein, in connection with any scheme, artifice to
- defraud, or as part of a deception; or
-
- (3) Accesses or caused to be accessed a computer or any part
- thereof, or a program or data, and obtains money or control over
- any such money, property, or services of another in connection
- with any scheme, artifice to defraud, or as part of a deception.
-
- (b) Sentence. (1) A person who commits the offense of computer
- fraud as set forth in subsection (a)(1) of this Section shall be
- guilty of a Class 4 felony.
-
- (2) A person who commits the offenses of computer fraud as set
- forth in subsection (a)(2) of this Section shall be guilty of a
- Class 3 felony.
-
- (3) A person who commits the offenses of computer fraud as set
- forth in subsection (a)(3) of this Section shall:
-
- (i) be guilty of a Class 4 felony felony if the value of the
- money, property or services is $ 1,000 or less; or
-
- (ii) be guilty of a Class 3 felony if the value of the money,
- property or services is more than $ 1,000 but less than $ 50,000;
- or
-
- (iii) be guilty of a Class 2 felony if the value of the money,
- property or services is $ 50,000 or more.
-
- 16D-6. Forfeiture
-
- Section 16D-6. Forfeiture. 1. Any person who commits the offense
- of computer fraud as set forth in Section 16D-5 shall forfeit,
- according to the provisions of this Section, any monies, profits
- or proceeds, and any interest or property which the sentencing
- court determines he has acquired or maintained, directly or
- indirectly, in whole or in part, as a result of such offense. Such
- person shall also forfeit any interest in, security, claim
- against, or contractual right of any kind which affords him a
- source of influence over any enterprise which he has established,
- operated, controlled, conducted or participated in conducting,
- where his relationship to or connection with any such thing or
- activity directly or indirectly, in whole or in part, is
- traceable to any item or benefit which he has obtained or
- acquire through computer fraud.
-
- Proceedings instituted pursuant to this Section shall be subject
- to and conducted in accordance with the following procedures:
-
- (a) The sentencing court shall, upon petition by the prosecuting
- agency, whether it is the Attorney General or a State's Attorney,
- at any time following sentencing, conduct a hearing to determine
- whether any property or property interest is subject to forfeiture
- under this Section. At the forfeiture hearing the People of the
- State of Illinois shall heave the burden establishing, by a
- preponderance of the evidence, that th eproperty or property
- interests are subject to such forfeiture.
-
- (b) In any action brought by the People of the State of Illinois
- under this Section, the circuit courts of Illinois shall
- jurisdiction to enter such restraining orders, injunctions or
- prohibitions, or take such other action in connection with real,
- personal, or mixed property or other interest subject ot
- forfeiture, as they shall consider proper.
-
- (c) In any action brought by the People of the State of Illinois
- under this Section, wherein any restraining order, injunction or
- prohibition or any other action in connection with any property
- or interest subject to forfeiture under this Section is sought,
- the circuit court presiding over there trial of the person or
- persons charge with computer fraud shall first determine whether
- there is probable cause to believe that the person or persons so
- charged have committed the offesne of computer fraud and whether
- the property or interest is subject to forefeiture pursaunt to
- this Section. In order to make this determination, prior to
- entering any such order, the court shall conducta hearing without
- a jury, where the People shall establish: (1) probable cause that
- the person or person so charged have committed the offense of
- computer fraud, and (2) probable cause that nay property or
- interest may be subject to forefeiture pursuant to this Section.
- Such hearing