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1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Criminal Code of 2012 is amended by changing
5		Sections 11-6.6, 11-20.1, 17-0.5, 17-52.5, 17-55, 28-2 as
6		follows:
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.
17		(b) Sentence. Solicitation to meet a child is a Class A
18		misdemeanor. Solicitation to meet a child is a Class 4 felony
19		when the solicitor believes he or she is 5 or more years older
20		than the child.
21		(c) For purposes of this Section, "child" means any person
22		under 17 years of age; and "computer" has the meaning ascribed
23		to it in Section 17-0.5 16D-2 of this Code.

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1		(Source: P.A. 95-983, eff. 6-1-09.)
2		(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
3		Sec. 11-20.1. Child pornography.
4		(a) A person commits child pornography who:
5		(1) films, videotapes, photographs, or otherwise
6		depicts or portrays by means of any similar visual medium
7		or reproduction or depicts by computer any child whom he or
8		she knows or reasonably should know to be under the age of
9		18 or any person with a severe or profound intellectual
10		disability where such child or person with a severe or
11		profound intellectual disability is:
12		(i) actually or by simulation engaged in any act of
13		sexual penetration or sexual conduct with any person or
14		animal; or
15		(ii) actually or by simulation engaged in any act
16		of sexual penetration or sexual conduct involving the
17		sex organs of the child or person with a severe or
18		profound intellectual disability and the mouth, anus,
19		or sex organs of another person or animal; or which
20		involves the mouth, anus or sex organs of the child or
21		person with a severe or profound intellectual
22		disability and the sex organs of another person or
23		animal; or
24		(iii) actually or by simulation engaged in any act
25		of masturbation; or

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1		(iv) actually or by simulation portrayed as being
2		the object of, or otherwise engaged in, any act of lewd
3		fondling, touching, or caressing involving another
4		person or animal; or
5		(v) actually or by simulation engaged in any act of
6		excretion or urination within a sexual context; or
7		(vi) actually or by simulation portrayed or
8		depicted as bound, fettered, or subject to sadistic,
9		masochistic, or sadomasochistic abuse in any sexual
10		context; or
11		(vii) depicted or portrayed in any pose, posture or
12		setting involving a lewd exhibition of the unclothed or
13		transparently clothed genitals, pubic area, buttocks,
14		or, if such person is female, a fully or partially
15		developed breast of the child or other person; or
16		(2) with the knowledge of the nature or content
17		thereof, reproduces, disseminates, offers to disseminate,
18		exhibits or possesses with intent to disseminate any film,
19		videotape, photograph or other similar visual reproduction
20		or depiction by computer of any child or person with a
21		severe or profound intellectual disability whom the person
22		knows or reasonably should know to be under the age of 18
23		or to be a person with a severe or profound intellectual
24		disability, engaged in any activity described in
25		subparagraphs (i) through (vii) of paragraph (1) of this
26		subsection; or

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1		(3) with knowledge of the subject matter or theme
2		thereof, produces any stage play, live performance, film,
3		videotape or other similar visual portrayal or depiction by
4		computer which includes a child whom the person knows or
5		reasonably should know to be under the age of 18 or a
6		person with a severe or profound intellectual disability
7		engaged in any activity described in subparagraphs (i)
8		through (vii) of paragraph (1) of this subsection; or
9		(4) solicits, uses, persuades, induces, entices, or
10		coerces any child whom he or she knows or reasonably should
11		know to be under the age of 18 or a person with a severe or
12		profound intellectual disability to appear in any stage
13		play, live presentation, film, videotape, photograph or
14		other similar visual reproduction or depiction by computer
15		in which the child or person with a severe or profound
16		intellectual disability is or will be depicted, actually or
17		by simulation, in any act, pose or setting described in
18		subparagraphs (i) through (vii) of paragraph (1) of this
19		subsection; or
20		(5) is a parent, step-parent, legal guardian or other
21		person having care or custody of a child whom the person
22		knows or reasonably should know to be under the age of 18
23		or a person with a severe or profound intellectual
24		disability and who knowingly permits, induces, promotes,
25		or arranges for such child or person with a severe or
26		profound intellectual disability to appear in any stage

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1		play, live performance, film, videotape, photograph or
2		other similar visual presentation, portrayal or simulation
3		or depiction by computer of any act or activity described
4		in subparagraphs (i) through (vii) of paragraph (1) of this
5		subsection; or
6		(6) with knowledge of the nature or content thereof,
7		possesses any film, videotape, photograph or other similar
8		visual reproduction or depiction by computer of any child
9		or person with a severe or profound intellectual disability
10		whom the person knows or reasonably should know to be under
11		the age of 18 or to be a person with a severe or profound
12		intellectual disability, engaged in any activity described
13		in subparagraphs (i) through (vii) of paragraph (1) of this
14		subsection; or
15		(7) solicits, or knowingly uses, persuades, induces,
16		entices, or coerces, a person to provide a child under the
17		age of 18 or a person with a severe or profound
18		intellectual disability to appear in any videotape,
19		photograph, film, stage play, live presentation, or other
20		similar visual reproduction or depiction by computer in
21		which the child or person with a severe or profound
22		intellectual disability will be depicted, actually or by
23		simulation, in any act, pose, or setting described in
24		subparagraphs (i) through (vii) of paragraph (1) of this
25		subsection.
26		(a-5) The possession of each individual film, videotape,

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1		photograph, or other similar visual reproduction or depiction
2		by computer in violation of this Section constitutes a single
3		and separate violation. This subsection (a-5) does not apply to
4		multiple copies of the same film, videotape, photograph, or
5		other similar visual reproduction or depiction by computer that
6		are identical to each other.
7		(b)(1) It shall be an affirmative defense to a charge of
8		child pornography that the defendant reasonably believed,
9		under all of the circumstances, that the child was 18 years of
10		age or older or that the person was not a person with a severe
11		or profound intellectual disability but only where, prior to
12		the act or acts giving rise to a prosecution under this
13		Section, he or she took some affirmative action or made a
14		bonafide inquiry designed to ascertain whether the child was 18
15		years of age or older or that the person was not a person with a
16		severe or profound intellectual disability and his or her
17		reliance upon the information so obtained was clearly
18		reasonable.
19		(1.5) Telecommunications carriers, commercial mobile
20		service providers, and providers of information services,
21		including, but not limited to, Internet service providers and
22		hosting service providers, are not liable under this Section by
23		virtue of the transmission, storage, or caching of electronic
24		communications or messages of others or by virtue of the
25		provision of other related telecommunications, commercial
26		mobile services, or information services used by others in

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1		violation of this Section.
2		(2) (Blank).
3		(3) The charge of child pornography shall not apply to the
4		performance of official duties by law enforcement or
5		prosecuting officers or persons employed by law enforcement or
6		prosecuting agencies, court personnel or attorneys, nor to
7		bonafide treatment or professional education programs
8		conducted by licensed physicians, psychologists or social
9		workers.
10		(4) If the defendant possessed more than one of the same
11		film, videotape or visual reproduction or depiction by computer
12		in which child pornography is depicted, then the trier of fact
13		may infer that the defendant possessed such materials with the
14		intent to disseminate them.
15		(5) The charge of child pornography does not apply to a
16		person who does not voluntarily possess a film, videotape, or
17		visual reproduction or depiction by computer in which child
18		pornography is depicted. Possession is voluntary if the
19		defendant knowingly procures or receives a film, videotape, or
20		visual reproduction or depiction for a sufficient time to be
21		able to terminate his or her possession.
22		(6) Any violation of paragraph (1), (2), (3), (4), (5), or
23		(7) of subsection (a) that includes a child engaged in,
24		solicited for, depicted in, or posed in any act of sexual
25		penetration or bound, fettered, or subject to sadistic,
26		masochistic, or sadomasochistic abuse in a sexual context shall

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1		be deemed a crime of violence.
2		(c) If the violation does not involve a film, videotape, or
3		other moving depiction, a violation of paragraph (1), (4), (5),
4		or (7) of subsection (a) is a Class 1 felony with a mandatory
5		minimum fine of $2,000 and a maximum fine of $100,000. If the
6		violation involves a film, videotape, or other moving
7		depiction, a violation of paragraph (1), (4), (5), or (7) of
8		subsection (a) is a Class X felony with a mandatory minimum
9		fine of $2,000 and a maximum fine of $100,000. If the violation
10		does not involve a film, videotape, or other moving depiction,
11		a violation of paragraph (3) of subsection (a) is a Class 1
12		felony with a mandatory minimum fine of $1500 and a maximum
13		fine of $100,000. If the violation involves a film, videotape,
14		or other moving depiction, a violation of paragraph (3) of
15		subsection (a) is a Class X felony with a mandatory minimum
16		fine of $1500 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 (2) of subsection (a) is a Class 1
19		felony with a mandatory minimum fine of $1000 and a maximum
20		fine of $100,000. If the violation involves a film, videotape,
21		or other moving depiction, a violation of paragraph (2) of
22		subsection (a) is a Class X felony with a mandatory minimum
23		fine of $1000 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 (6) of subsection (a) is a Class 3
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 (6) of
3		subsection (a) is a Class 2 felony with a mandatory minimum
4		fine of $1000 and a maximum fine of $100,000.
5		(c-5) Where the child depicted is under the age of 13, a
6		violation of paragraph (1), (2), (3), (4), (5), or (7) of
7		subsection (a) is a Class X felony with a mandatory minimum
8		fine of $2,000 and a maximum fine of $100,000. Where the child
9		depicted is under the age of 13, a violation of paragraph (6)
10		of subsection (a) is a Class 2 felony with a mandatory minimum
11		fine of $1,000 and a maximum fine of $100,000. Where the child
12		depicted is under the age of 13, a person who commits a
13		violation of paragraph (1), (2), (3), (4), (5), or (7) of
14		subsection (a) where the defendant has previously been
15		convicted under the laws of this State or any other state of
16		the offense of child pornography, aggravated child
17		pornography, aggravated criminal sexual abuse, aggravated
18		criminal sexual assault, predatory criminal sexual assault of a
19		child, or any of the offenses formerly known as rape, deviate
20		sexual assault, indecent liberties with a child, or aggravated
21		indecent liberties with a child where the victim was under the
22		age of 18 years or an offense that is substantially equivalent
23		to those offenses, is guilty of a Class X felony for which the
24		person shall be sentenced to a term of imprisonment of not less
25		than 9 years with a mandatory minimum fine of $2,000 and a
26		maximum fine of $100,000. Where the child depicted is under the

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1		age of 13, a person who commits a violation of paragraph (6) of
2		subsection (a) where the defendant has previously been
3		convicted under the laws of this State or any other state of
4		the offense of child pornography, aggravated child
5		pornography, aggravated criminal sexual abuse, aggravated
6		criminal sexual assault, predatory criminal sexual assault of a
7		child, or any of the offenses formerly known as rape, deviate
8		sexual assault, indecent liberties with a child, or aggravated
9		indecent liberties with a child where the victim was under the
10		age of 18 years or an offense that is substantially equivalent
11		to those offenses, is guilty of a Class 1 felony with a
12		mandatory minimum fine of $1,000 and a maximum fine of
13		$100,000. The issue of whether the child depicted is under the
14		age of 13 is an element of the offense to be resolved by the
15		trier of fact.
16		(d) If a person is convicted of a second or subsequent
17		violation of this Section within 10 years of a prior
18		conviction, the court shall order a presentence psychiatric
19		examination of the person. The examiner shall report to the
20		court whether treatment of the person is necessary.
21		(e) Any film, videotape, photograph or other similar visual
22		reproduction or depiction by computer which includes a child
23		under the age of 18 or a person with a severe or profound
24		intellectual disability engaged in any activity described in
25		subparagraphs (i) through (vii) or paragraph 1 of subsection
26		(a), and any material or equipment used or intended for use in

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1		photographing, filming, printing, producing, reproducing,
2		manufacturing, projecting, exhibiting, depiction by computer,
3		or disseminating such material shall be seized and forfeited in
4		the manner, method and procedure provided by Section 36-1 of
5		this Code for the seizure and forfeiture of vessels, vehicles
6		and aircraft.
7		In addition, any person convicted under this Section is
8		subject to the property forfeiture provisions set forth in
9		Article 124B of the Code of Criminal Procedure of 1963.
10		(e-5) Upon the conclusion of a case brought under this
11		Section, the court shall seal all evidence depicting a victim
12		or witness that is sexually explicit. The evidence may be
13		unsealed and viewed, on a motion of the party seeking to unseal
14		and view the evidence, only for good cause shown and in the
15		discretion of the court. The motion must expressly set forth
16		the purpose for viewing the material. The State's attorney and
17		the victim, if possible, shall be provided reasonable notice of
18		the hearing on the motion to unseal the evidence. Any person
19		entitled to notice of a hearing under this subsection (e-5) may
20		object to the motion.
21		(f) Definitions. For the purposes of this Section:
22		(1) "Disseminate" means (i) to sell, distribute,
23		exchange or transfer possession, whether with or without
24		consideration or (ii) to make a depiction by computer
25		available for distribution or downloading through the
26		facilities of any telecommunications network or through

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1		any other means of transferring computer programs or data
2		to a computer.
3		(2) "Produce" means to direct, promote, advertise,
4		publish, manufacture, issue, present or show.
5		(3) "Reproduce" means to make a duplication or copy.
6		(4) "Depict by computer" means to generate or create,
7		or cause to be created or generated, a computer program or
8		data that, after being processed by a computer either alone
9		or in conjunction with one or more computer programs,
10		results in a visual depiction on a computer monitor,
11		screen, or display.
12		(5) "Depiction by computer" means a computer program or
13		data that, after being processed by a computer either alone
14		or in conjunction with one or more computer programs,
15		results in a visual depiction on a computer monitor,
16		screen, or display.
17		(6) "Computer", "computer program", and "data" have
18		the meanings ascribed to them in Section 17.05 16D-2 of
19		this Code.
20		(7) For the purposes of this Section, "child
21		pornography" includes a film, videotape, photograph, or
22		other similar visual medium or reproduction or depiction by
23		computer that is, or appears to be, that of a person,
24		either in part, or in total, under the age of 18 or a
25		person with a severe or profound intellectual disability,
26		regardless of the method by which the film, videotape,

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1		photograph, or other similar visual medium or reproduction
2		or depiction by computer is created, adopted, or modified
3		to appear as such. "Child pornography" also includes a
4		film, videotape, photograph, or other similar visual
5		medium or reproduction or depiction by computer that is
6		advertised, promoted, presented, described, or distributed
7		in such a manner that conveys the impression that the film,
8		videotape, photograph, or other similar visual medium or
9		reproduction or depiction by computer is of a person under
10		the age of 18 or a person with a severe or profound
11		intellectual disability.
12		(g) Re-enactment; findings; purposes.
13		(1) The General Assembly finds and declares that:
14		(i) Section 50-5 of Public Act 88-680, effective
15		January 1, 1995, contained provisions amending the
16		child pornography statute, Section 11-20.1 of the
17		Criminal Code of 1961. Section 50-5 also contained
18		other provisions.
19		(ii) In addition, Public Act 88-680 was entitled
20		"AN ACT to create a Safe Neighborhoods Law". (A)
21		Article 5 was entitled JUVENILE JUSTICE and amended the
22		Juvenile Court Act of 1987. (B) Article 15 was entitled
23		GANGS and amended various provisions of the Criminal
24		Code of 1961 and the Unified Code of Corrections. (C)
25		Article 20 was entitled ALCOHOL ABUSE and amended
26		various provisions of the Illinois Vehicle Code. (D)

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1		Article 25 was entitled DRUG ABUSE and amended the
2		Cannabis Control Act and the Illinois Controlled
3		Substances Act. (E) Article 30 was entitled FIREARMS
4		and amended the Criminal Code of 1961 and the Code of
5		Criminal Procedure of 1963. (F) Article 35 amended the
6		Criminal Code of 1961, the Rights of Crime Victims and
7		Witnesses Act, and the Unified Code of Corrections. (G)
8		Article 40 amended the Criminal Code of 1961 to
9		increase the penalty for compelling organization
10		membership of persons. (H) Article 45 created the
11		Secure Residential Youth Care Facility Licensing Act
12		and amended the State Finance Act, the Juvenile Court
13		Act of 1987, the Unified Code of Corrections, and the
14		Private Correctional Facility Moratorium Act. (I)
15		Article 50 amended the WIC Vendor Management Act, the
16		Firearm Owners Identification Card Act, the Juvenile
17		Court Act of 1987, the Criminal Code of 1961, the
18		Wrongs to Children Act, and the Unified Code of
19		Corrections.
20		(iii) On September 22, 1998, the Third District
21		Appellate Court in People v. Dainty, 701 N.E. 2d 118,
22		ruled that Public Act 88-680 violates the single
23		subject clause of the Illinois Constitution (Article
24		IV, Section 8 (d)) and was unconstitutional in its
25		entirety. As of the time this amendatory Act of 1999
26		was prepared, People v. Dainty was still subject to

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1		appeal.
2		(iv) Child pornography is a vital concern to the
3		people of this State and the validity of future
4		prosecutions under the child pornography statute of
5		the Criminal Code of 1961 is in grave doubt.
6		(2) It is the purpose of this amendatory Act of 1999 to
7		prevent or minimize any problems relating to prosecutions
8		for child pornography that may result from challenges to
9		the constitutional validity of Public Act 88-680 by
10		re-enacting the Section relating to child pornography that
11		was included in Public Act 88-680.
12		(3) This amendatory Act of 1999 re-enacts Section
13		11-20.1 of the Criminal Code of 1961, as it has been
14		amended. This re-enactment is intended to remove any
15		question as to the validity or content of that Section; it
16		is not intended to supersede any other Public Act that
17		amends the text of the Section as set forth in this
18		amendatory Act of 1999. The material is shown as existing
19		text (i.e., without underscoring) because, as of the time
20		this amendatory Act of 1999 was prepared, People v. Dainty
21		was subject to appeal to the Illinois Supreme Court.
22		(4) The re-enactment by this amendatory Act of 1999 of
23		Section 11-20.1 of the Criminal Code of 1961 relating to
24		child pornography that was amended by Public Act 88-680 is
25		not intended, and shall not be construed, to imply that
26		Public Act 88-680 is invalid or to limit or impair any

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1		legal argument concerning whether those provisions were
2		substantially re-enacted by other Public Acts.
3		(Source: P.A. 98-437, eff. 1-1-14; 99-143, eff. 7-27-15.)
4		(720 ILCS 5/17-0.5)
5		Sec. 17-0.5. Definitions. In this Article:
6		"Altered credit card or debit card" means any instrument or
7		device, whether known as a credit card or debit card, which has
8		been changed in any respect by addition or deletion of any
9		material, except for the signature by the person to whom the
10		card is issued.
11		"Cardholder" means the person or organization named on the
12		face of a credit card or debit card to whom or for whose
13		benefit the credit card or debit card is issued by an issuer.
14		"Computer" means a device that accepts, processes, stores,
15		retrieves, or outputs data and includes, but is not limited to,
16		auxiliary storage, including cloud-based networks of remote
17		services hosted on the Internet, and telecommunications
18		devices connected to computers.
19		"Computer network" means a set of related, remotely
20		connected devices and any communications facilities including
21		more than one computer with the capability to transmit data
22		between them through the communications facilities.
23		"Computer program" or "program" means a series of coded
24		instructions or statements in a form acceptable to a computer
25		which causes the computer to process data and supply the

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1		results of the data processing.
2		"Computer services" means computer time or services,
3		including data processing services, Internet services,
4		electronic mail services, electronic message services, or
5		information or data stored in connection therewith.
6		"Counterfeit" means to manufacture, produce or create, by
7		any means, a credit card or debit card without the purported
8		issuer's consent or authorization.
9		"Credit card" means any instrument or device, whether known
10		as a credit card, credit plate, charge plate or any other name,
11		issued with or without fee by an issuer for the use of the
12		cardholder in obtaining money, goods, services or anything else
13		of value on credit or in consideration or an undertaking or
14		guaranty by the issuer of the payment of a check drawn by the
15		cardholder.
16		"Data" means a representation in any form of information,
17		knowledge, facts, concepts, or instructions, including program
18		documentation, which is prepared or has been prepared in a
19		formalized manner and is stored or processed in or transmitted
20		by a computer or in a system or network. Data is considered
21		property and may be in any form, including, but not limited to,
22		printouts, magnetic or optical storage media, punch cards, or
23		data stored internally in the memory of the computer.
24		"Debit card" means any instrument or device, known by any
25		name, issued with or without fee by an issuer for the use of
26		the cardholder in obtaining money, goods, services, and

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1		anything else of value, payment of which is made against funds
2		previously deposited by the cardholder. A debit card which also
3		can be used to obtain money, goods, services and anything else
4		of value on credit shall not be considered a debit card when it
5		is being used to obtain money, goods, services or anything else
6		of value on credit.
7		"Document" includes, but is not limited to, any document,
8		representation, or image produced manually, electronically, or
9		by computer.
10		"Electronic fund transfer terminal" means any machine or
11		device that, when properly activated, will perform any of the
12		following services:
13		(1) Dispense money as a debit to the cardholder's
14		account; or
15		(2) Print the cardholder's account balances on a
16		statement; or
17		(3) Transfer funds between a cardholder's accounts; or
18		(4) Accept payments on a cardholder's loan; or
19		(5) Dispense cash advances on an open end credit or a
20		revolving charge agreement; or
21		(6) Accept deposits to a customer's account; or
22		(7) Receive inquiries of verification of checks and
23		dispense information that verifies that funds are
24		available to cover such checks; or
25		(8) Cause money to be transferred electronically from a
26		cardholder's account to an account held by any business,

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1		firm, retail merchant, corporation, or any other
2		organization.
3		"Electronic funds transfer system", hereafter referred to
4		as "EFT System", means that system whereby funds are
5		transferred electronically from a cardholder's account to any
6		other account.
7		"Electronic mail service provider" means any person who (i)
8		is an intermediary in sending or receiving electronic mail and
9		(ii) provides to end-users of electronic mail services the
10		ability to send or receive electronic mail.
11		"Expired credit card or debit card" means a credit card or
12		debit card which is no longer valid because the term on it has
13		elapsed.
14		"False academic degree" means a certificate, diploma,
15		transcript, or other document purporting to be issued by an
16		institution of higher learning or purporting to indicate that a
17		person has completed an organized academic program of study at
18		an institution of higher learning when the person has not
19		completed the organized academic program of study indicated on
20		the certificate, diploma, transcript, or other document.
21		"False claim" means any statement made to any insurer,
22		purported insurer, servicing corporation, insurance broker, or
23		insurance agent, or any agent or employee of one of those
24		entities, and made as part of, or in support of, a claim for
25		payment or other benefit under a policy of insurance, or as
26		part of, or in support of, an application for the issuance of,

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1		or the rating of, any insurance policy, when the statement does
2		any of the following:
3		(1) Contains any false, incomplete, or misleading
4		information concerning any fact or thing material to the
5		claim.
6		(2) Conceals (i) the occurrence of an event that is
7		material to any person's initial or continued right or
8		entitlement to any insurance benefit or payment or (ii) the
9		amount of any benefit or payment to which the person is
10		entitled.
11		"Financial institution" means any bank, savings and loan
12		association, credit union, or other depository of money or
13		medium of savings and collective investment.
14		"Governmental entity" means: each officer, board,
15		commission, and agency created by the Constitution, whether in
16		the executive, legislative, or judicial branch of State
17		government; each officer, department, board, commission,
18		agency, institution, authority, university, and body politic
19		and corporate of the State; each administrative unit or
20		corporate outgrowth of State government that is created by or
21		pursuant to statute, including units of local government and
22		their officers, school districts, and boards of election
23		commissioners; and each administrative unit or corporate
24		outgrowth of the foregoing items and as may be created by
25		executive order of the Governor.
26		"Incomplete credit card or debit card" means a credit card

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1		or debit card which is missing part of the matter other than
2		the signature of the cardholder which an issuer requires to
3		appear on the credit card or debit card before it can be used
4		by a cardholder, and this includes credit cards or debit cards
5		which have not been stamped, embossed, imprinted or written on.
6		"Institution of higher learning" means a public or private
7		college, university, or community college located in the State
8		of Illinois that is authorized by the Board of Higher Education
9		or the Illinois Community College Board to issue post-secondary
10		degrees, or a public or private college, university, or
11		community college located anywhere in the United States that is
12		or has been legally constituted to offer degrees and
13		instruction in its state of origin or incorporation.
14		"Insurance company" means "company" as defined under
15		Section 2 of the Illinois Insurance Code.
16		"Issuer" means the business organization or financial
17		institution which issues a credit card or debit card, or its
18		duly authorized agent.
19		"Merchant" has the meaning ascribed to it in Section 16-0.1
20		of this Code.
21		"Person" means any individual, corporation, government,
22		governmental subdivision or agency, business trust, estate,
23		trust, partnership or association or any other entity.
24		"Receives" or "receiving" means acquiring possession or
25		control.
26		"Record of charge form" means any document submitted or

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1		intended to be submitted to an issuer as evidence of a credit
2		transaction for which the issuer has agreed to reimburse
3		persons providing money, goods, property, services or other
4		things of value.
5		"Revoked credit card or debit card" means a credit card or
6		debit card which is no longer valid because permission to use
7		it has been suspended or terminated by the issuer.
8		"Sale" means any delivery for value.
9		"Scheme or artifice to defraud" includes a scheme or
10		artifice to deprive another of the intangible right to honest
11		services.
12		"Self-insured entity" means any person, business,
13		partnership, corporation, or organization that sets aside
14		funds to meet his, her, or its losses or to absorb fluctuations
15		in the amount of loss, the losses being charged against the
16		funds set aside or accumulated.
17		"Social networking website" means an Internet website
18		containing profile web pages of the members of the website that
19		include the names or nicknames of such members, photographs
20		placed on the profile web pages by such members, or any other
21		personal or personally identifying information about such
22		members and links to other profile web pages on social
23		networking websites of friends or associates of such members
24		that can be accessed by other members or visitors to the
25		website. A social networking website provides members of or
26		visitors to such website the ability to leave messages or

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1		comments on the profile web page that are visible to all or
2		some visitors to the profile web page and may also include a
3		form of electronic mail for members of the social networking
4		website.
5		"Statement" means any assertion, oral, written, or
6		otherwise, and includes, but is not limited to: any notice,
7		letter, or memorandum; proof of loss; bill of lading; receipt
8		for payment; invoice, account, or other financial statement;
9		estimate of property damage; bill for services; diagnosis or
10		prognosis; prescription; hospital, medical, or dental chart or
11		other record, x-ray, photograph, videotape, or movie film; test
12		result; other evidence of loss, injury, or expense;
13		computer-generated document; and data in any form.
14		"Universal Price Code Label" means a unique symbol that
15		consists of a machine-readable code and human-readable
16		numbers.
17		"With intent to defraud" means to act knowingly, and with
18		the specific intent to deceive or cheat, for the purpose of
19		causing financial loss to another or bringing some financial
20		gain to oneself, regardless of whether any person was actually
21		defrauded or deceived. This includes an intent to cause another
22		to assume, create, transfer, alter, or terminate any right,
23		obligation, or power with reference to any person or property.
24		(Source: P.A. 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.)
25		(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5)

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1		Sec. 17-52.5. Unlawful use of encryption.
2		(a) For the purpose of this Section:
3		"Computer" has the meaning ascribed to the term in
4		Section 17-0.5 means an electronic device which performs
5		logical, arithmetic, and memory functions by manipulations
6		of electronic or magnetic impulses and includes all
7		equipment related to the computer in a system or network.
8		"Computer contaminant" means any data, information,
9		image, program, signal, or sound that is designated or has
10		the capability to: (1) contaminate, corrupt, consume,
11		damage, destroy, disrupt, modify, record, or transmit; or
12		(2) cause to be contaminated, corrupted, consumed,
13		damaged, destroyed, disrupted, modified, recorded, or
14		transmitted, any other data, information, image, program,
15		signal, or sound contained in a computer, system, or
16		network without the knowledge or consent of the person who
17		owns the other data, information, image, program, signal,
18		or sound or the computer, system, or network.
19		"Computer contaminant" includes, without limitation:
20		(1) a virus, worm, or Trojan horse; (2) spyware that tracks
21		computer activity and is capable of recording and
22		transmitting such information to third parties; or (3) any
23		other similar data, information, image, program, signal,
24		or sound that is designed or has the capability to prevent,
25		impede, delay, or disrupt the normal operation or use of
26		any component, device, equipment, system, or network.

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1		"Encryption" means the use of any protective or
2		disruptive measure, including, without limitation,
3		cryptography, enciphering, encoding, or a computer
4		contaminant, to: (1) prevent, impede, delay, or disrupt
5		access to any data, information, image, program, signal, or
6		sound; (2) cause or make any data, information, image,
7		program, signal, or sound unintelligible or unusable; or
8		(3) prevent, impede, delay, or disrupt the normal operation
9		or use of any component, device, equipment, system, or
10		network.
11		"Network" means a set of related, remotely connected
12		devices and facilities, including more than one system,
13		with the capability to transmit data among any of the
14		devices and facilities. The term includes, without
15		limitation, a local, regional, or global computer network.
16		"Program" means an ordered set of data representing
17		coded instructions or statements which can be executed by a
18		computer and cause the computer to perform one or more
19		tasks.
20		"System" means a set of related equipment, whether or
21		not connected, which is used with or for a computer.
22		(b) A person shall not knowingly use or attempt to use
23		encryption, directly or indirectly, to:
24		(1) commit, facilitate, further, or promote any
25		criminal offense;
26		(2) aid, assist, or encourage another person to commit

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1		any criminal offense;
2		(3) conceal evidence of the commission of any criminal
3		offense; or
4		(4) conceal or protect the identity of a person who has
5		committed any criminal offense.
6		(c) Telecommunications carriers and information service
7		providers are not liable under this Section, except for willful
8		and wanton misconduct, for providing encryption services used
9		by others in violation of this Section.
10		(d) Sentence. A person who violates this Section is guilty
11		of a Class A misdemeanor, unless the encryption was used or
12		attempted to be used to commit an offense for which a greater
13		penalty is provided by law. If the encryption was used or
14		attempted to be used to commit an offense for which a greater
15		penalty is provided by law, the person shall be punished as
16		prescribed by law for that offense.
17		(e) A person who violates this Section commits a criminal
18		offense that is separate and distinct from any other criminal
19		offense and may be prosecuted and convicted under this Section
20		whether or not the person or any other person is or has been
21		prosecuted or convicted for any other criminal offense arising
22		out of the same facts as the violation of this Section.
23		(Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11.)
24		(720 ILCS 5/17-55)
25		Sec. 17-55. Definitions. For the purposes of this

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1		subdivision 30 Sections 17-50 through 17-53:
2		In addition to its meaning as defined in Section 15-1 of
3		this Code, "property" means: (1) electronic impulses; (2)
4		electronically produced data; (3) confidential, copyrighted,
5		or proprietary information; (4) private identification codes
6		or numbers which permit access to a computer by authorized
7		computer users or generate billings to consumers for purchase
8		of goods and services, including but not limited to credit card
9		transactions and telecommunications services or permit
10		electronic fund transfers; (5) software or programs in either
11		machine or human readable form; or (6) any other tangible or
12		intangible item relating to a computer or any part thereof.
13		"Access" means to use, instruct, communicate with, store
14		data in, retrieve or intercept data from, or otherwise utilize
15		any services of, a computer, a network, or data.
16		"Services" includes but is not limited to computer time,
17		data manipulation, or storage functions.
18		"Vital services or operations" means those services or
19		operations required to provide, operate, maintain, and repair
20		network cabling, transmission, distribution, or computer
21		facilities necessary to ensure or protect the public health,
22		safety, or welfare. Those services or operations include, but
23		are not limited to, services provided by medical personnel or
24		institutions, fire departments, emergency services agencies,
25		national defense contractors, armed forces or militia
26		personnel, private and public utility companies, or law

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1		enforcement agencies.
2		(Source: P.A. 96-1551, eff. 7-1-11.)
3		(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
4		Sec. 28-2. Definitions.
5		(a) A "gambling device" is any clock, tape machine, slot
6		machine or other machines or device for the reception of money
7		or other thing of value on chance or skill or upon the action
8		of which money or other thing of value is staked, hazarded,
9		bet, won or lost; or any mechanism, furniture, fixture,
10		equipment or other device designed primarily for use in a
11		gambling place. A "gambling device" does not include:
12		(1) A coin-in-the-slot operated mechanical device
13		played for amusement which rewards the player with the
14		right to replay such mechanical device, which device is so
15		constructed or devised as to make such result of the
16		operation thereof depend in part upon the skill of the
17		player and which returns to the player thereof no money,
18		property or right to receive money or property.
19		(2) Vending machines by which full and adequate return
20		is made for the money invested and in which there is no
21		element of chance or hazard.
22		(3) A crane game. For the purposes of this paragraph
23		(3), a "crane game" is an amusement device involving skill,
24		if it rewards the player exclusively with merchandise
25		contained within the amusement device proper and limited to

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1		toys, novelties and prizes other than currency, each having
2		a wholesale value which is not more than $25.
3		(4) A redemption machine. For the purposes of this
4		paragraph (4), a "redemption machine" is a single-player or
5		multi-player amusement device involving a game, the object
6		of which is throwing, rolling, bowling, shooting, placing,
7		or propelling a ball or other object that is either
8		physical or computer generated on a display or with lights
9		into, upon, or against a hole or other target that is
10		either physical or computer generated on a display or with
11		lights, or stopping, by physical, mechanical, or
12		electronic means, a moving object that is either physical
13		or computer generated on a display or with lights into,
14		upon, or against a hole or other target that is either
15		physical or computer generated on a display or with lights,
16		provided that all of the following conditions are met:
17		(A) The outcome of the game is predominantly
18		determined by the skill of the player.
19		(B) The award of the prize is based solely upon the
20		player's achieving the object of the game or otherwise
21		upon the player's score.
22		(C) Only merchandise prizes are awarded.
23		(D) The wholesale value of prizes awarded in lieu
24		of tickets or tokens for single play of the device does
25		not exceed $25.
26		(E) The redemption value of tickets, tokens, and

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1		other representations of value, which may be
2		accumulated by players to redeem prizes of greater
3		value, for a single play of the device does not exceed
4		$25.
5		(5) Video gaming terminals at a licensed
6		establishment, licensed truck stop establishment, licensed
7		fraternal establishment, or licensed veterans
8		establishment licensed in accordance with the Video Gaming
9		Act.
10		(a-5) "Internet" means an interactive computer service or
11		system or an information service, system, or access software
12		provider that provides or enables computer access by multiple
13		users to a computer server, and includes, but is not limited
14		to, an information service, system, or access software provider
15		that provides access to a network system commonly known as the
16		Internet, or any comparable system or service and also
17		includes, but is not limited to, a World Wide Web page,
18		newsgroup, message board, mailing list, or chat area on any
19		interactive computer service or system or other online service.
20		(a-6) "Access" has the meaning ascribed to the term in
21		Section 17-55 and "computer" have the meanings ascribed to them
22		in Section 16D-2 of this Code.
23		(a-7) "Computer" has the meaning ascribed to the term in
24		Section 17-0.5.
25		(b) A "lottery" is any scheme or procedure whereby one or
26		more prizes are distributed by chance among persons who have

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1		paid or promised consideration for a chance to win such prizes,
2		whether such scheme or procedure is called a lottery, raffle,
3		gift, sale or some other name, excluding savings promotion
4		raffles authorized under Section 5g of the Illinois Banking
5		Act, Section 7008 of the Savings Bank Act, Section 42.7 of the
6		Illinois Credit Union Act, Section 5136B of the National Bank
7		Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act
8		(12 U.S.C. 1463).
9		(c) A "policy game" is any scheme or procedure whereby a
10		person promises or guarantees by any instrument, bill,
11		certificate, writing, token or other device that any particular
12		number, character, ticket or certificate shall in the event of
13		any contingency in the nature of a lottery entitle the
14		purchaser or holder to receive money, property or evidence of
15		debt.
16		(Source: P.A. 98-31, eff. 6-24-13; 99-149, eff. 1-1-16.)