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ILLINOIS STATUTES AND CODES

Article 16J - Online Property Offenses


 
    (720 ILCS 5/Art. 16J heading)
ARTICLE 16J. ONLINE PROPERTY OFFENSES
(Source: P.A. 94‑179, eff. 7‑12‑05; 95‑331, eff. 8‑21‑07.)

    (720 ILCS 5/16J‑5)
    Sec. 16J‑5. Definitions. In this Article:
    "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.
    "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.
    "Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
    "Online" means the use of any electronic or wireless device to access the Internet.
(Source: P.A. 94‑179, eff. 7‑12‑05; 95‑331, eff. 8‑21‑07.)

    (720 ILCS 5/16J‑10)
    Sec. 16J‑10. Online sale of stolen property. A person commits the offense of online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means.
(Source: P.A. 94‑179, eff. 7‑12‑05; 95‑331, eff. 8‑21‑07.)

    (720 ILCS 5/16J‑15)
    Sec. 16J‑15. Online theft by deception. A person commits the offense of online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder.
(Source: P.A. 94‑179, eff. 7‑12‑05; 95‑331, eff. 8‑21‑07.)

    (720 ILCS 5/16J‑20)
    Sec. 16J‑20. Electronic fencing. A person commits the offense of electronic fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this Section.
(Source: P.A. 94‑179, eff. 7‑12‑05.)

    (720 ILCS 5/16J‑25)
    Sec. 16J‑25. Sentence. A violation of this Article is a Class 4 felony if the full retail value of the stolen property or property obtained by deception does not exceed $300. A violation of this Article is a Class 2 felony if the full retail value of the stolen property or property obtained by deception exceeds $300.
(Source: P.A. 95‑331, eff. 8‑21‑07; 96‑1301, eff. 1‑1‑11.)

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