COMPUTER CRIME PREVENTION LAW

(720 ILCS Illinois Compiled Statutes 5/16D - Excerpts)

5/16D-3.  Computer tampering

(a)  A person commits the offense of computer tampering when he knowingly and without 
     the authorization of a computer's owner, or in excess of the authority granted
     to him
     (1)  Accesses or causes 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.

(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) of this Section shall be guilty of a Class 4 felony 
          and a Class 3 felony for the second or subsequent offense.

5/16D-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.

(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.

5/16D-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 a 
          program or data, for the purpose of devising or executing 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 causes 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 offense 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 offense of computer fraud as set forth in 
          subsection (a)(3) of this Section shall:
          (  i)  be guilty of a Class 4 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.

5/16D-7. Rebuttable presumption--without authority

In the event that a person accesses or causes to be accessed a computer, which 
access requires a confidential or proprietary code which has not been issued to 
or authorized for use by that person, a rebuttable presumption exists that the 
computer was accessed without the authorization of its owner or in excess of
the authority granted.


A more complete version of the Computer Crime Prevention Law is available at 
www.infotech.siu.edu/csc/policies/prevent.htm.


*** Last updates:  07/27/94 (sf) and 10/01/04 (mh) ***