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 Downloaded From P-80 International Information Systems 304-744-2253