100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3202
 
Introduced 2/15/2018, by Sen. Michael E. Hastings
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/17-52.6 new
720 ILCS 5/17-55

 Amends the Criminal Code of 2012. Creates the offense of cyber extortion. Provides that a person commits cyber extortion when he or she, with the intent to unlawfully extort money, property, or anything of value from another person, knowingly creates, places, or introduces without authorization into a computer, computer system, or computer network computer software that is designed to encrypt, lock, or otherwise restrict access or use in any way by an authorized user of the computer, computer system, or computer network. Provides that a person who has suffered a specific and direct injury because of a violation of this provision may bring a civil action in circuit court. Provides that in the civil action, the court may award actual damages, reasonable attorney's fees, and court costs. Provides that a conviction for cyber extortion is not a prerequisite for bringing an action under this provision. Provides that a violation is a Class 1 felony. Defines "computer system", "extort", and "software". 



LRB100 19689 RLC 34963 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB3202LRB100 19689 RLC 34963 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 17-55 and by adding Section 17-52.6 as follows:

6 (720 ILCS 5/17-52.6 new)
7 Sec. 17-52.6. Cyber extortion.
8 (a) A person commits cyber extortion when he or she, with 
9the intent to unlawfully extort money, property, or anything of 
10value from another person, knowingly creates, places, or 
11introduces without authorization into a computer, computer 
12system, or computer network computer software that is designed 
13to encrypt, lock, or otherwise restrict access or use in any 
14way by an authorized user of the computer, computer system, or 
15computer network.
16 (b) A person who has suffered a specific and direct injury 
17because of a violation of this Section may bring a civil action 
18in circuit court. In a civil action under this subsection (b), 
19the court may award actual damages, reasonable attorney's fees, 
20and court costs. A conviction for cyber extortion is not a 
21prerequisite for bringing an action under this subsection (b). 
22 (c) Sentence. Cyber extortion is a Class 1 felony. 

 
 
SB3202- 2 -LRB100 19689 RLC 34963 b


1 (720 ILCS 5/17-55)
2 Sec. 17-55. Definitions. For the purposes of Sections 17-50 
3through 17-53:
4 In addition to its meaning as defined in Section 15-1 of 
5this Code,
"property" means: (1) electronic impulses;
(2) 
6electronically produced data; (3) confidential, copyrighted, 
7or proprietary
information; (4) private identification codes 
8or numbers which permit access to
a computer by authorized 
9computer users or generate billings to consumers
for purchase 
10of goods and services, including but not limited to credit
card 
11transactions and telecommunications services or permit 
12electronic fund
transfers; (5) software or programs in either 
13machine or human readable
form; or (6) any other tangible or 
14intangible item relating to a computer
or any part thereof.
15 "Access" means to use, instruct, communicate with, store 
16data
in, retrieve or intercept data from, or otherwise utilize 
17any services
of, a computer, a network, or data.
18 "Computer system" means one or more connected or 
19unconnected computers, peripheral devices, computer software, 
20data, or computer programs. 
21 "Extort" means to obtain money, property, labor, services, 
22or anything of value from another person with the person's 
23consent, if the consent is induced by the unlawful use of 
24actual or threatened:
(1) force or violence;
or (2) economic 
25injury. 
26 "Services" includes but is not limited to computer time, 
 
 
SB3202- 3 -LRB100 19689 RLC 34963 b


1data
manipulation, or storage functions.
2 "Software" means a computer program, an instruction, a 
3procedure, or an associated document regarding the operation of 
4a computer system. 
5 "Vital services or operations" means those services or 
6operations
required to provide, operate, maintain, and repair 
7network cabling,
transmission, distribution, or computer 
8facilities necessary to ensure or
protect the public health, 
9safety, or welfare. Those services or operations include, but 
10are not limited to, services provided by medical
personnel or 
11institutions, fire departments, emergency services agencies,

12national defense contractors, armed forces or militia 
13personnel, private
and public utility companies, or law 
14enforcement agencies.

15(Source: P.A. 96-1551, eff. 7-1-11.)