Hackers Underworld 2: Forbidden Knowledge/Hackers Underworld 2: Forbidden Knowledge.iso/LEGAL/IL_LAW.STA

Text File | 1994-07-17 | 11KB | 230 lines

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