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.
| ||||||
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
| ||||||
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
| ||||||
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
| ||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
5 | (Source: P.A. 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.)
| ||||||
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: |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
4 | (Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11 .)
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
10 | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| ||||||
11 | Sec. 28-2. Definitions.
| ||||||
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
| ||||||
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.
|
| |||||||
| |||||||
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.
| ||||||
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
| ||||||
9 | a wholesale value which is not more than $25.
| ||||||
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.
| ||||||
26 | (B) The award of the prize is based solely upon the |
| |||||||
| |||||||
1 | player's
achieving the object of the game or otherwise | ||||||
2 | upon the player's score.
| ||||||
3 | (C) Only merchandise prizes are awarded.
| ||||||
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.
| ||||||
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
| ||||||
10 | value, for a single play of the device does not exceed | ||||||
11 | $25.
| ||||||
12 | (5) Video gaming terminals at a licensed | ||||||
13 | establishment, licensed truck stop establishment,
licensed
| ||||||
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
| ||||||
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.
|
| |||||||
| |||||||
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 .
| ||||||
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).
| ||||||
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
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21 | purchaser or holder to receive money, property or evidence of | ||||||
22 | debt.
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23 | (Source: P.A. 98-31, eff. 6-24-13; 99-149, eff. 1-1-16 .)".
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