720 ILCS 5/17-51 – Computer Tampering

720 ILCS 5/17-51 – Computer Tampering

This law makes it illegal to use, damage, or send harmful programs through someone else’s computer or network without permission.

This Illinois law says you can’t use or mess with another person’s computer, network, or data without permission. It also makes it a crime to send harmful software or fake email information, and it explains what punishments apply for each type of computer misuse.

(a) A person commits computer tampering if they do any of the following on purpose and without the computer owner’s permission, or by going beyond what they are allowed to do:

1. Access a computer, network, program, or data.
2. Access a computer, network, program, or data to get information or services.
3. Access a computer, network, program, or data and damage or change it.
4. Put or try to put a program into a computer, knowing it could:
   1. Damage or destroy that computer or another one connected to it.
   2. Change or delete programs or data on that computer or another connected computer.
   3. Cause people who use that computer or related computers to lose information, money, or anything else.
5. Fake or forge email or other routing information when sending large amounts of unwanted email (spam).

(a-5) It is against the law to, on purpose, sell, give, or distribute software that helps send fake email information or hide where messages come from if the software:

1. Is mostly designed to help fake email or routing information.
2. Has little other use except to fake or hide email or routing information.
3. Is advertised as being for that purpose.

(a-10) It’s not computer tampering if a person has permission to use the computer or network, such as:

1. When the owner allows guests or customers to use it, and the person follows the rules.
2. When the public is allowed to use the network, and the person follows the owner’s conditions.
3. When a person is allowed access under the Revised Uniform Fiduciary Access to Digital Assets Act.

(b) Sentence:

1. Violating parts (a)(1), (a)(5), or (a-5) is a Class B misdemeanor.
2. Violating part (a)(2) is a Class A misdemeanor, and a Class 4 felony for repeat offenses.
3. Violating parts (a)(3) or (a)(4) is a Class 4 felony, and a Class 3 felony for repeat offenses.
4. If someone is harmed by spam email, they can sue for damages or choose to receive $10 per illegal email (up to $25,000 per day), plus attorney’s fees. They cannot sue an email provider that only delivered the message.
5. If an email service provider is harmed by spam, it can recover attorney’s fees and either actual damages or $10 per illegal email (at least $25,000 per day).
6. This law does not stop anyone from seeking other allowed civil remedies.

(c) Anyone who loses money or property because of a violation involving harmful programs may sue the offender. The winning side may receive attorney’s fees and other costs.

View the full statute here.

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