Illinois 2023-2024 Regular Session

Illinois House Bill HB1112 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1112 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 720 ILCS 5/17-2 from Ch. 38, par. 17-2 720 ILCS 5/26.5-3 Amends the Criminal Code of 2012. Provides that a person also commits false personation when he or she knowingly and falsely represents himself or herself to be another actual person and does an act in such assumed character with intent to injure the reputation of (rather than injure) or to fraudulently represent himself or herself to the online contacts of another. Provides that a person also commits harassment through electronic communications when he or she uses electronic communication for: (1) making any comment, request, suggestion, or proposal with an intent to harass, annoy, alarm, abuse, torment, or embarrass any individual; or (2) creating a fictitious online persona or account without permission of another using another person's picture, name, or likeness with the intent to commit a fraud, emotional distress, injure the reputation of, or make contact with other personal online contacts of the nonconsenting person. LRB103 05326 RLC 50344 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1112 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 720 ILCS 5/17-2 from Ch. 38, par. 17-2 720 ILCS 5/26.5-3 720 ILCS 5/17-2 from Ch. 38, par. 17-2 720 ILCS 5/26.5-3 Amends the Criminal Code of 2012. Provides that a person also commits false personation when he or she knowingly and falsely represents himself or herself to be another actual person and does an act in such assumed character with intent to injure the reputation of (rather than injure) or to fraudulently represent himself or herself to the online contacts of another. Provides that a person also commits harassment through electronic communications when he or she uses electronic communication for: (1) making any comment, request, suggestion, or proposal with an intent to harass, annoy, alarm, abuse, torment, or embarrass any individual; or (2) creating a fictitious online persona or account without permission of another using another person's picture, name, or likeness with the intent to commit a fraud, emotional distress, injure the reputation of, or make contact with other personal online contacts of the nonconsenting person. LRB103 05326 RLC 50344 b LRB103 05326 RLC 50344 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1112 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/17-2 from Ch. 38, par. 17-2 720 ILCS 5/26.5-3 720 ILCS 5/17-2 from Ch. 38, par. 17-2 720 ILCS 5/26.5-3
4	4	720 ILCS 5/17-2 from Ch. 38, par. 17-2
5	5	720 ILCS 5/26.5-3
6	6	Amends the Criminal Code of 2012. Provides that a person also commits false personation when he or she knowingly and falsely represents himself or herself to be another actual person and does an act in such assumed character with intent to injure the reputation of (rather than injure) or to fraudulently represent himself or herself to the online contacts of another. Provides that a person also commits harassment through electronic communications when he or she uses electronic communication for: (1) making any comment, request, suggestion, or proposal with an intent to harass, annoy, alarm, abuse, torment, or embarrass any individual; or (2) creating a fictitious online persona or account without permission of another using another person's picture, name, or likeness with the intent to commit a fraud, emotional distress, injure the reputation of, or make contact with other personal online contacts of the nonconsenting person.
7	7	LRB103 05326 RLC 50344 b LRB103 05326 RLC 50344 b
8	8	LRB103 05326 RLC 50344 b
9	9	A BILL FOR
10	10	HB1112LRB103 05326 RLC 50344 b HB1112 LRB103 05326 RLC 50344 b
11	11	HB1112 LRB103 05326 RLC 50344 b
12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Criminal Code of 2012 is amended by
16	16	5 changing Sections 17-2 and 26.5-3 as follows:
17	17	6 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
18	18	7 Sec. 17-2. False personation; solicitation.
19	19	8 (a) False personation; solicitation.
20	20	9 (1) A person commits a false personation when he or
21	21	10 she knowingly and falsely represents himself or herself to
22	22	11 be a member or representative of any veterans' or public
23	23	12 safety personnel organization or a representative of any
24	24	13 charitable organization, or when he or she knowingly
25	25	14 exhibits or uses in any manner any decal, badge or
26	26	15 insignia of any charitable, public safety personnel, or
27	27	16 veterans' organization when not authorized to do so by the
28	28	17 charitable, public safety personnel, or veterans'
29	29	18 organization. "Public safety personnel organization" has
30	30	19 the meaning ascribed to that term in Section 1 of the
31	31	20 Solicitation for Charity Act.
32	32	21 (2) A person commits a false personation when he or
33	33	22 she knowingly and falsely represents himself or herself to
34	34	23 be a veteran in seeking employment or public office. In
35	35
36	36
37	37
38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1112 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
39	39	720 ILCS 5/17-2 from Ch. 38, par. 17-2 720 ILCS 5/26.5-3 720 ILCS 5/17-2 from Ch. 38, par. 17-2 720 ILCS 5/26.5-3
40	40	720 ILCS 5/17-2 from Ch. 38, par. 17-2
41	41	720 ILCS 5/26.5-3
42	42	Amends the Criminal Code of 2012. Provides that a person also commits false personation when he or she knowingly and falsely represents himself or herself to be another actual person and does an act in such assumed character with intent to injure the reputation of (rather than injure) or to fraudulently represent himself or herself to the online contacts of another. Provides that a person also commits harassment through electronic communications when he or she uses electronic communication for: (1) making any comment, request, suggestion, or proposal with an intent to harass, annoy, alarm, abuse, torment, or embarrass any individual; or (2) creating a fictitious online persona or account without permission of another using another person's picture, name, or likeness with the intent to commit a fraud, emotional distress, injure the reputation of, or make contact with other personal online contacts of the nonconsenting person.
43	43	LRB103 05326 RLC 50344 b LRB103 05326 RLC 50344 b
44	44	LRB103 05326 RLC 50344 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	720 ILCS 5/17-2 from Ch. 38, par. 17-2
52	52	720 ILCS 5/26.5-3
53	53
54	54
55	55
56	56	LRB103 05326 RLC 50344 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	HB1112 LRB103 05326 RLC 50344 b
67	67
68	68
69	69	HB1112- 2 -LRB103 05326 RLC 50344 b HB1112 - 2 - LRB103 05326 RLC 50344 b
70	70	HB1112 - 2 - LRB103 05326 RLC 50344 b
71	71	1 this paragraph, "veteran" means a person who has served in
72	72	2 the Armed Services or Reserve Forces of the United States.
73	73	3 (2.1) A person commits a false personation when he or
74	74	4 she knowingly and falsely represents himself or herself to
75	75	5 be:
76	76	6 (A) an active-duty member of the Armed Services or
77	77	7 Reserve Forces of the United States or the National
78	78	8 Guard or a veteran of the Armed Services or Reserve
79	79	9 Forces of the United States or the National Guard; and
80	80	10 (B) obtains money, property, or another tangible
81	81	11 benefit through that false representation.
82	82	12 In this paragraph, "member of the Armed Services or
83	83	13 Reserve Forces of the United States" means a member of the
84	84	14 United States Navy, Army, Air Force, Marine Corps, or
85	85	15 Coast Guard; and "veteran" means a person who has served
86	86	16 in the Armed Services or Reserve Forces of the United
87	87	17 States or the National Guard.
88	88	18 (2.5) A person commits a false personation when he or
89	89	19 she knowingly and falsely represents himself or herself to
90	90	20 be:
91	91	21 (A) another actual person and does an act in such
92	92	22 assumed character with intent to intimidate, threaten,
93	93	23 injure the reputation of, defraud, fraudulently
94	94	24 represent himself or herself to the online contacts of
95	95	25 another, or to obtain a benefit from another; or
96	96	26 (B) a representative of an actual person or
97	97
98	98
99	99
100	100
101	101
102	102	HB1112 - 2 - LRB103 05326 RLC 50344 b
103	103
104	104
105	105	HB1112- 3 -LRB103 05326 RLC 50344 b HB1112 - 3 - LRB103 05326 RLC 50344 b
106	106	HB1112 - 3 - LRB103 05326 RLC 50344 b
107	107	1 organization and does an act in such false capacity
108	108	2 with intent to obtain a benefit or to injure or defraud
109	109	3 another.
110	110	4 (3) No person shall knowingly use the words "Police",
111	111	5 "Police Department", "Patrolman", "Sergeant",
112	112	6 "Lieutenant", "Peace Officer", "Sheriff's Police",
113	113	7 "Sheriff", "Officer", "Law Enforcement", "Trooper",
114	114	8 "Deputy", "Deputy Sheriff", "State Police", or any other
115	115	9 words to the same effect (i) in the title of any
116	116	10 organization, magazine, or other publication without the
117	117	11 express approval of the named public safety personnel
118	118	12 organization's governing board or (ii) in combination with
119	119	13 the name of any state, state agency, public university, or
120	120	14 unit of local government without the express written
121	121	15 authorization of that state, state agency, public
122	122	16 university, or unit of local government.
123	123	17 (4) No person may knowingly claim or represent that he
124	124	18 or she is acting on behalf of any public safety personnel
125	125	19 organization when soliciting financial contributions or
126	126	20 selling or delivering or offering to sell or deliver any
127	127	21 merchandise, goods, services, memberships, or
128	128	22 advertisements unless the chief of the police department,
129	129	23 fire department, and the corporate or municipal authority
130	130	24 thereof, or the sheriff has first entered into a written
131	131	25 agreement with the person or with an organization with
132	132	26 which the person is affiliated and the agreement permits
133	133
134	134
135	135
136	136
137	137
138	138	HB1112 - 3 - LRB103 05326 RLC 50344 b
139	139
140	140
141	141	HB1112- 4 -LRB103 05326 RLC 50344 b HB1112 - 4 - LRB103 05326 RLC 50344 b
142	142	HB1112 - 4 - LRB103 05326 RLC 50344 b
143	143	1 the activity and specifies and states clearly and fully
144	144	2 the purpose for which the proceeds of the solicitation,
145	145	3 contribution, or sale will be used.
146	146	4 (5) No person, when soliciting financial contributions
147	147	5 or selling or delivering or offering to sell or deliver
148	148	6 any merchandise, goods, services, memberships, or
149	149	7 advertisements may claim or represent that he or she is
150	150	8 representing or acting on behalf of any nongovernmental
151	151	9 organization by any name which includes "officer", "peace
152	152	10 officer", "police", "law enforcement", "trooper",
153	153	11 "sheriff", "deputy", "deputy sheriff", "State police", or
154	154	12 any other word or words which would reasonably be
155	155	13 understood to imply that the organization is composed of
156	156	14 law enforcement personnel unless:
157	157	15 (A) the person is actually representing or acting
158	158	16 on behalf of the nongovernmental organization;
159	159	17 (B) the nongovernmental organization is controlled
160	160	18 by and governed by a membership of and represents a
161	161	19 group or association of active duty peace officers,
162	162	20 retired peace officers, or injured peace officers; and
163	163	21 (C) before commencing the solicitation or the sale
164	164	22 or the offers to sell any merchandise, goods,
165	165	23 services, memberships, or advertisements, a written
166	166	24 contract between the soliciting or selling person and
167	167	25 the nongovernmental organization, which specifies and
168	168	26 states clearly and fully the purposes for which the
169	169
170	170
171	171
172	172
173	173
174	174	HB1112 - 4 - LRB103 05326 RLC 50344 b
175	175
176	176
177	177	HB1112- 5 -LRB103 05326 RLC 50344 b HB1112 - 5 - LRB103 05326 RLC 50344 b
178	178	HB1112 - 5 - LRB103 05326 RLC 50344 b
179	179	1 proceeds of the solicitation, contribution, or sale
180	180	2 will be used, has been entered into.
181	181	3 (6) No person, when soliciting financial contributions
182	182	4 or selling or delivering or offering to sell or deliver
183	183	5 any merchandise, goods, services, memberships, or
184	184	6 advertisements, may knowingly claim or represent that he
185	185	7 or she is representing or acting on behalf of any
186	186	8 nongovernmental organization by any name which includes
187	187	9 the term "fireman", "fire fighter", "paramedic", or any
188	188	10 other word or words which would reasonably be understood
189	189	11 to imply that the organization is composed of fire fighter
190	190	12 or paramedic personnel unless:
191	191	13 (A) the person is actually representing or acting
192	192	14 on behalf of the nongovernmental organization;
193	193	15 (B) the nongovernmental organization is controlled
194	194	16 by and governed by a membership of and represents a
195	195	17 group or association of active duty, retired, or
196	196	18 injured fire fighters (for the purposes of this
197	197	19 Section, "fire fighter" has the meaning ascribed to
198	198	20 that term in Section 2 of the Illinois Fire Protection
199	199	21 Training Act) or active duty, retired, or injured
200	200	22 emergency medical technicians - ambulance, emergency
201	201	23 medical technicians - intermediate, emergency medical
202	202	24 technicians - paramedic, ambulance drivers, or other
203	203	25 medical assistance or first aid personnel; and
204	204	26 (C) before commencing the solicitation or the sale
205	205
206	206
207	207
208	208
209	209
210	210	HB1112 - 5 - LRB103 05326 RLC 50344 b
211	211
212	212
213	213	HB1112- 6 -LRB103 05326 RLC 50344 b HB1112 - 6 - LRB103 05326 RLC 50344 b
214	214	HB1112 - 6 - LRB103 05326 RLC 50344 b
215	215	1 or delivery or the offers to sell or deliver any
216	216	2 merchandise, goods, services, memberships, or
217	217	3 advertisements, the soliciting or selling person and
218	218	4 the nongovernmental organization have entered into a
219	219	5 written contract that specifies and states clearly and
220	220	6 fully the purposes for which the proceeds of the
221	221	7 solicitation, contribution, or sale will be used.
222	222	8 (7) No person may knowingly claim or represent that he
223	223	9 or she is an airman, airline employee, airport employee,
224	224	10 or contractor at an airport in order to obtain the
225	225	11 uniform, identification card, license, or other
226	226	12 identification paraphernalia of an airman, airline
227	227	13 employee, airport employee, or contractor at an airport.
228	228	14 (8) No person, firm, copartnership, or corporation
229	229	15 (except corporations organized and doing business under
230	230	16 the Pawners Societies Act) shall knowingly use a name that
231	231	17 contains in it the words "Pawners' Society".
232	232	18 (b) False personation; public officials and employees. A
233	233	19 person commits a false personation if he or she knowingly and
234	234	20 falsely represents himself or herself to be any of the
235	235	21 following:
236	236	22 (1) An attorney authorized to practice law for
237	237	23 purposes of compensation or consideration. This paragraph
238	238	24 (b)(1) does not apply to a person who unintentionally
239	239	25 fails to pay attorney registration fees established by
240	240	26 Supreme Court Rule.
241	241
242	242
243	243
244	244
245	245
246	246	HB1112 - 6 - LRB103 05326 RLC 50344 b
247	247
248	248
249	249	HB1112- 7 -LRB103 05326 RLC 50344 b HB1112 - 7 - LRB103 05326 RLC 50344 b
250	250	HB1112 - 7 - LRB103 05326 RLC 50344 b
251	251	1 (2) A public officer or a public employee or an
252	252	2 official or employee of the federal government.
253	253	3 (2.3) A public officer, a public employee, or an
254	254	4 official or employee of the federal government, and the
255	255	5 false representation is made in furtherance of the
256	256	6 commission of felony.
257	257	7 (2.7) A public officer or a public employee, and the
258	258	8 false representation is for the purpose of effectuating
259	259	9 identity theft as defined in Section 16-30 of this Code.
260	260	10 (3) A peace officer.
261	261	11 (4) A peace officer while carrying a deadly weapon.
262	262	12 (5) A peace officer in attempting or committing a
263	263	13 felony.
264	264	14 (6) A peace officer in attempting or committing a
265	265	15 forcible felony.
266	266	16 (7) The parent, legal guardian, or other relation of a
267	267	17 minor child to any public official, public employee, or
268	268	18 elementary or secondary school employee or administrator.
269	269	19 (7.5) The legal guardian, including any representative
270	270	20 of a State or public guardian, of a person with a
271	271	21 disability appointed under Article XIa of the Probate Act
272	272	22 of 1975.
273	273	23 (8) A fire fighter.
274	274	24 (9) A fire fighter while carrying a deadly weapon.
275	275	25 (10) A fire fighter in attempting or committing a
276	276	26 felony.
277	277
278	278
279	279
280	280
281	281
282	282	HB1112 - 7 - LRB103 05326 RLC 50344 b
283	283
284	284
285	285	HB1112- 8 -LRB103 05326 RLC 50344 b HB1112 - 8 - LRB103 05326 RLC 50344 b
286	286	HB1112 - 8 - LRB103 05326 RLC 50344 b
287	287	1 (11) An emergency management worker of any
288	288	2 jurisdiction in this State.
289	289	3 (12) An emergency management worker of any
290	290	4 jurisdiction in this State in attempting or committing a
291	291	5 felony. For the purposes of this subsection (b),
292	292	6 "emergency management worker" has the meaning provided
293	293	7 under Section 2-6.6 of this Code.
294	294	8 (b-5) The trier of fact may infer that a person falsely
295	295	9 represents himself or herself to be a public officer or a
296	296	10 public employee or an official or employee of the federal
297	297	11 government if the person:
298	298	12 (1) wears or displays without authority any uniform,
299	299	13 badge, insignia, or facsimile thereof by which a public
300	300	14 officer or public employee or official or employee of the
301	301	15 federal government is lawfully distinguished; or
302	302	16 (2) falsely expresses by word or action that he or she
303	303	17 is a public officer or public employee or official or
304	304	18 employee of the federal government and is acting with
305	305	19 approval or authority of a public agency or department.
306	306	20 (c) Fraudulent advertisement of a corporate name.
307	307	21 (1) A company, association, or individual commits
308	308	22 fraudulent advertisement of a corporate name if he, she,
309	309	23 or it, not being incorporated, puts forth a sign or
310	310	24 advertisement and assumes, for the purpose of soliciting
311	311	25 business, a corporate name.
312	312	26 (2) Nothing contained in this subsection (c) prohibits
313	313
314	314
315	315
316	316
317	317
318	318	HB1112 - 8 - LRB103 05326 RLC 50344 b
319	319
320	320
321	321	HB1112- 9 -LRB103 05326 RLC 50344 b HB1112 - 9 - LRB103 05326 RLC 50344 b
322	322	HB1112 - 9 - LRB103 05326 RLC 50344 b
323	323	1 a corporation, company, association, or person from using
324	324	2 a divisional designation or trade name in conjunction with
325	325	3 its corporate name or assumed name under Section 4.05 of
326	326	4 the Business Corporation Act of 1983 or, if it is a member
327	327	5 of a partnership or joint venture, from doing partnership
328	328	6 or joint venture business under the partnership or joint
329	329	7 venture name. The name under which the joint venture or
330	330	8 partnership does business may differ from the names of the
331	331	9 members. Business may not be conducted or transacted under
332	332	10 that joint venture or partnership name, however, unless
333	333	11 all provisions of the Assumed Business Name Act have been
334	334	12 complied with. Nothing in this subsection (c) permits a
335	335	13 foreign corporation to do business in this State without
336	336	14 complying with all Illinois laws regulating the doing of
337	337	15 business by foreign corporations. No foreign corporation
338	338	16 may conduct or transact business in this State as a member
339	339	17 of a partnership or joint venture that violates any
340	340	18 Illinois law regulating or pertaining to the doing of
341	341	19 business by foreign corporations in Illinois.
342	342	20 (3) The provisions of this subsection (c) do not apply
343	343	21 to limited partnerships formed under the Revised Uniform
344	344	22 Limited Partnership Act or under the Uniform Limited
345	345	23 Partnership Act (2001).
346	346	24 (d) False law enforcement badges.
347	347	25 (1) A person commits false law enforcement badges if
348	348	26 he or she knowingly produces, sells, or distributes a law
349	349
350	350
351	351
352	352
353	353
354	354	HB1112 - 9 - LRB103 05326 RLC 50344 b
355	355
356	356
357	357	HB1112- 10 -LRB103 05326 RLC 50344 b HB1112 - 10 - LRB103 05326 RLC 50344 b
358	358	HB1112 - 10 - LRB103 05326 RLC 50344 b
359	359	1 enforcement badge without the express written consent of
360	360	2 the law enforcement agency represented on the badge or, in
361	361	3 case of a reorganized or defunct law enforcement agency,
362	362	4 its successor law enforcement agency.
363	363	5 (2) It is a defense to false law enforcement badges
364	364	6 that the law enforcement badge is used or is intended to be
365	365	7 used exclusively: (i) as a memento or in a collection or
366	366	8 exhibit; (ii) for decorative purposes; or (iii) for a
367	367	9 dramatic presentation, such as a theatrical, film, or
368	368	10 television production.
369	369	11 (e) False medals.
370	370	12 (1) A person commits a false personation if he or she
371	371	13 knowingly and falsely represents himself or herself to be
372	372	14 a recipient of, or wears on his or her person, any of the
373	373	15 following medals if that medal was not awarded to that
374	374	16 person by the United States Government, irrespective of
375	375	17 branch of service: The Congressional Medal of Honor, The
376	376	18 Distinguished Service Cross, The Navy Cross, The Air Force
377	377	19 Cross, The Silver Star, The Bronze Star, or the Purple
378	378	20 Heart.
379	379	21 (2) It is a defense to a prosecution under paragraph
380	380	22 (e)(1) that the medal is used, or is intended to be used,
381	381	23 exclusively:
382	382	24 (A) for a dramatic presentation, such as a
383	383	25 theatrical, film, or television production, or a
384	384	26 historical re-enactment; or
385	385
386	386
387	387
388	388
389	389
390	390	HB1112 - 10 - LRB103 05326 RLC 50344 b
391	391
392	392
393	393	HB1112- 11 -LRB103 05326 RLC 50344 b HB1112 - 11 - LRB103 05326 RLC 50344 b
394	394	HB1112 - 11 - LRB103 05326 RLC 50344 b
395	395	1 (B) for a costume worn, or intended to be worn, by
396	396	2 a person under 18 years of age.
397	397	3 (f) Sentence.
398	398	4 (1) A violation of paragraph (a)(8) is a petty offense
399	399	5 subject to a fine of not less than $5 nor more than $100,
400	400	6 and the person, firm, copartnership, or corporation
401	401	7 commits an additional petty offense for each day he, she,
402	402	8 or it continues to commit the violation. A violation of
403	403	9 paragraph (c)(1) is a petty offense, and the company,
404	404	10 association, or person commits an additional petty offense
405	405	11 for each day he, she, or it continues to commit the
406	406	12 violation. A violation of paragraph (a)(2.1) or subsection
407	407	13 (e) is a petty offense for which the offender shall be
408	408	14 fined at least $100 and not more than $200.
409	409	15 (2) A violation of paragraph (a)(1), (a)(3), or
410	410	16 (b)(7.5) is a Class C misdemeanor.
411	411	17 (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
412	412	18 (b)(2), or (b)(7) or subsection (d) is a Class A
413	413	19 misdemeanor. A second or subsequent violation of
414	414	20 subsection (d) is a Class 3 felony.
415	415	21 (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
416	416	22 (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is
417	417	23 a Class 4 felony.
418	418	24 (5) A violation of paragraph (b)(4), (b)(9), or
419	419	25 (b)(12) is a Class 3 felony.
420	420	26 (6) A violation of paragraph (b)(5) or (b)(10) is a
421	421
422	422
423	423
424	424
425	425
426	426	HB1112 - 11 - LRB103 05326 RLC 50344 b
427	427
428	428
429	429	HB1112- 12 -LRB103 05326 RLC 50344 b HB1112 - 12 - LRB103 05326 RLC 50344 b
430	430	HB1112 - 12 - LRB103 05326 RLC 50344 b
431	431	1 Class 2 felony.
432	432	2 (7) A violation of paragraph (b)(6) is a Class 1
433	433	3 felony.
434	434	4 (g) A violation of subsection (a)(1) through (a)(7) or
435	435	5 subsection (e) of this Section may be accomplished in person
436	436	6 or by any means of communication, including but not limited to
437	437	7 the use of an Internet website or any form of electronic
438	438	8 communication.
439	439	9 (Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16;
440	440	10 100-201, eff. 8-18-17.)
441	441	11 (720 ILCS 5/26.5-3)
442	442	12 Sec. 26.5-3. Harassment through electronic communications.
443	443	13 (a) A person commits harassment through electronic
444	444	14 communications when he or she uses electronic communication
445	445	15 for any of the following purposes:
446	446	16 (1) making Making any comment, request, suggestion, or
447	447	17 proposal with an intent to harass, annoy, alarm, abuse,
448	448	18 torment, or embarrass any individual;
449	449	19 (1.1) creating a fictitious online persona or account
450	450	20 without permission of another using another person's
451	451	21 picture, name, or likeness with the intent to commit a
452	452	22 fraud, cause emotional distress, injure the reputation of,
453	453	23 or make contact with other personal online contacts of the
454	454	24 nonconsenting person; which is obscene with an intent to
455	455	25 offend;
456	456
457	457
458	458
459	459
460	460
461	461	HB1112 - 12 - LRB103 05326 RLC 50344 b
462	462
463	463
464	464	HB1112- 13 -LRB103 05326 RLC 50344 b HB1112 - 13 - LRB103 05326 RLC 50344 b
465	465	HB1112 - 13 - LRB103 05326 RLC 50344 b
466	466	1 (2) interrupting Interrupting, with the intent to
467	467	2 harass, the telephone service or the electronic
468	468	3 communication service of any person;
469	469	4 (3) transmitting Transmitting to any person, with the
470	470	5 intent to harass and regardless of whether the
471	471	6 communication is read in its entirety or at all, any file,
472	472	7 document, or other communication which prevents that
473	473	8 person from using his or her telephone service or
474	474	9 electronic communications device;
475	475	10 (4) transmitting Transmitting an electronic
476	476	11 communication or knowingly inducing a person to transmit
477	477	12 an electronic communication for the purpose of harassing
478	478	13 another person who is under 13 years of age, regardless of
479	479	14 whether the person under 13 years of age consents to the
480	480	15 harassment, if the defendant is at least 16 years of age at
481	481	16 the time of the commission of the offense;
482	482	17 (5) threatening Threatening injury to the person or to
483	483	18 the property of the person to whom an electronic
484	484	19 communication is directed or to any of his or her family or
485	485	20 household members; or
486	486	21 (6) knowingly Knowingly permitting any electronic
487	487	22 communications device to be used for any of the purposes
488	488	23 mentioned in this subsection (a).
489	489	24 (b) Telecommunications carriers, commercial mobile service
490	490	25 providers, and providers of information services, including,
491	491	26 but not limited to, Internet service providers and hosting
492	492
493	493
494	494
495	495
496	496
497	497	HB1112 - 13 - LRB103 05326 RLC 50344 b
498	498
499	499
500	500	HB1112- 14 -LRB103 05326 RLC 50344 b HB1112 - 14 - LRB103 05326 RLC 50344 b
501	501	HB1112 - 14 - LRB103 05326 RLC 50344 b
502	502	1 service providers, are not liable under this Section, except
503	503	2 for willful and wanton misconduct, by virtue of the
504	504	3 transmission, storage, or caching of electronic communications
505	505	4 or messages of others or by virtue of the provision of other
506	506	5 related telecommunications, commercial mobile services, or
507	507	6 information services used by others in violation of this
508	508	7 Section.
509	509	8 (Source: P.A. 97-1108, eff. 1-1-13.)
510	510
511	511
512	512
513	513
514	514
515	515	HB1112 - 14 - LRB103 05326 RLC 50344 b