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Full Text of SB2741
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SB2741 - 104th General Assembly
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Senate Amendment 001
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Introduced
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Senate Amendment 001
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SB2741 Engrossed
LRB104 16302 RLC 29688 b
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
5
changing Sections 26.5-2 and 26.5-3 as follows:
6
(720 ILCS 5/26.5-2)
7
Sec. 26.5-2.
Harassment by telephone.
8
(a) A person commits harassment by telephone when he or
9
she uses telephone communication for any of the following
10
purposes:
11
(1) Making any comment, request, suggestion or
12
proposal which is obscene, lewd, lascivious, filthy or
13
indecent with an intent to offend;
14
(1.1) Making any comment, request, suggestion, or
15
proposal which is known or intended to cause another
16
person significant emotional distress and would cause a
17
reasonable person to experience significant emotional
18
distress;
19
(2) Making a telephone call, whether or not
20
conversation ensues, with intent to abuse, threaten
injury
21
to, or the property of, any person at the called number or
22
to any of his or her family or household members
or harass
23
any person at the called number
;
SB2741 Engrossed
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LRB104 16302 RLC 29688 b
1
(3) Making or causing the telephone of another
2
repeatedly to ring, with intent to harass any person at
3
the called number;
4
(4) Making repeated telephone calls, during which
5
conversation ensues, solely to harass any person at the
6
called number;
7
(5) Making a telephone call or knowingly inducing a
8
person to make a telephone call for the purpose of
9
harassing another person who is under 13 years of age,
10
regardless of whether the person under 13 years of age
11
consents to the harassment, if the defendant is at least
12
16 years of age at the time of the commission of the
13
offense; or
14
(6) Knowingly permitting any telephone under one's
15
control to be used for any of the purposes mentioned
16
herein.
17
(b) Every telephone directory published for distribution
18
to members of the general public shall contain a notice
19
setting forth a summary of the provisions of this Section. The
20
notice shall be printed in type which is no smaller than any
21
other type on the same page and shall be preceded by the word
22
"WARNING". All telephone companies in this State shall
23
cooperate with law enforcement agencies in using their
24
facilities and personnel to detect and prevent violations of
25
this Article.
26
(Source: P.A. 97-1108, eff. 1-1-13.)
SB2741 Engrossed
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LRB104 16302 RLC 29688 b
1
(720 ILCS 5/26.5-3)
2
Sec. 26.5-3.
Harassment through electronic communications.
3
(a) A person commits harassment through electronic
4
communications when he or she uses electronic communication
5
for any of the following purposes:
6
(1) Making any comment, request, suggestion or
7
proposal which is obscene with an intent to offend;
8
(1.1) Making any comment, request, suggestion, or
9
proposal which is known or intended to cause another
10
person significant emotional distress and would cause a
11
reasonable person to experience significant emotional
12
distress;
13
(2) Interrupting, with the intent to harass, the
14
telephone service or the electronic communication service
15
of any person
, including transmitting any file, document,
16
or other communication which prevents that person from
17
using his or her telephone service or electronic
18
communications device
;
19
(3) Transmitting to any person, with the intent to
20
harass
, abuse, or threaten injury to, or the property of,
21
the person to whom an electronic communication is
22
directed, or to any of his or her family or household
23
members,
and
regardless of whether the communication is
24
read in its entirety or at all
, any file, document, or
25
other communication which prevents that person from using
SB2741 Engrossed
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LRB104 16302 RLC 29688 b
1
his or her telephone service or electronic communications
2
device
;
3
(4) Transmitting an electronic communication or
4
knowingly inducing a person to transmit an electronic
5
communication for the purpose of harassing another person
6
who is under 13 years of age, regardless of whether the
7
person under 13 years of age consents to the harassment,
8
if the defendant is at least 16 years of age at the time of
9
the commission of the offense;
10
(5)
Making repeated electronic communications, during
11
which conversation or text or email messages ensue, solely
12
to harass the person to whom the electronic communication
13
is directed
Threatening injury to the person or to the
14
property of the person to whom an electronic communication
15
is directed or to any of his or her family or household
16
members
; or
17
(6) Knowingly permitting any electronic communications
18
device to be used for any of the purposes mentioned in this
19
subsection (a).
20
(b) Telecommunications carriers, commercial mobile service
21
providers, and providers of information services, including,
22
but not limited to, Internet service providers and hosting
23
service providers, are not liable under this Section, except
24
for willful and wanton misconduct, by virtue of the
25
transmission, storage, or caching of electronic communications
26
or messages of others or by virtue of the provision of other
SB2741 Engrossed
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LRB104 16302 RLC 29688 b
1
related telecommunications, commercial mobile services, or
2
information services used by others in violation of this
3
Section.
4
(Source: P.A. 97-1108, eff. 1-1-13.)
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