720 ILCS 5/16-18 – Tampering with Communication Services; Theft of Communication Services

720 ILCS 5/16-18 – Tampering with Communication Services; Theft of Communication Services

This law makes it illegal to damage, steal, or cheat to get phone or communication services without paying for them.

This Illinois law says a person can be punished for breaking, tapping into, or stealing communication lines or services, or for making or using devices that help others do this. The punishment depends on how many devices are involved, the damage caused, and if the person has previous convictions.

(a) Damaging wires or obtaining service with intent to cheat. A person breaks this law if they knowingly:

1. Damage, remove, or destroy someone else’s telegraph or telephone wires, cables, poles, or related parts.
2. Cut off, connect to, or tap into someone else’s telegraph or telephone line, wire, cable, or instrument.
3. Read, take, or copy messages meant for someone else that pass through these wires or cables.
4. Block, delay, or stop the sending or delivery of messages or calls through these systems.
5. Use any device to do any of the actions described above.
6. Trick or cheat to get phone or communication services without paying, such as by:
   1. Using someone else’s phone number without permission.
   2. Using a fake or canceled number.
   3. Using a special code or plan to avoid payment.
   4. Sharing or publishing codes or numbers that help others skip paying charges.
   5. Using lies, tricks, or fake information to get free service.

(b) Theft of communication services. A person breaks this law if they knowingly:

1. Use a communication service without paying or without permission from the company providing it.
2. Make, sell, or use illegal communication devices that either:
   1. Steal communication signals or activity, or
   2. Hide communication signals or activity.
3. Change or reprogram a device to help steal or hide communication services.
4. Make, sell, or use access devices that let people take services they didn’t pay for.
5. Share one or more of the following, when they know or should know it could be used for illegal purposes.
   1. Plans for making illegal communication devices
   2. Tools or materials for making illegal communication devices

(c) Sentence:

1. Breaking subsection (a) is a Class A misdemeanor, but becomes a Class 4 felony if:
   1. It’s a second offense,
   2. It’s done for payment, or
   3. It causes more than $300 in property damage or over $500 in service loss.
2. Breaking subsection (b) is usually a Class A misdemeanor but becomes more serious depending on the case:
   1. Class 4 felony for:
      1. Having 10–50 illegal devices,
      2. Disrupting a company’s services,
      3. Committing the offense while in jail or prison,
      4. Committing the offense while in jail or prison, and used the device for fraud,
      5. Stealing $300+ worth of service, or
      6. Involving a wired device, and having been previous convicted of this or certain other theft crimes.
   2. Class 3 felony for:
      1. Using more than 50 illegal devices,
      2. Repeat offenses committed while in jail, or
      3. Repeat offenses committed while in jail, and used the device(s) for fraud,
      4. Involving a wired device, and having been previous convicted of this or certain other theft crimes at least two times.
   3. Class 2 felony for wireless service theft with prior related convictions.
3. People convicted must also pay restitution to cover losses for stolen or misused services.

(d) If someone has been convicted of certain theft or fraud crimes before, those past cases count toward harsher grading for new offenses under this section.

(e) Each stolen or illegal communication or access device counts as a separate offense and can lead to additional penalties.

(f) A court can make a convicted person give up (forfeit) any illegal devices they used in breaking this law.

(g) The crime can be said to happen either where the illegal device was made or where it was sold. It doesn’t matter if some actions took place outside Illinois.

(h) Civil lawsuits.

1. People harmed by a violation can sue in court.
2. Judges can:
   1. Stop the illegal activity with temporary or permanent court orders.
   2. Take away illegal devices used in the crime.
   3. Award money damages as described below.
   4. Award extra money (punitive damages) to the person who was harmed.
   5. Award attorney’s fees to the person who was harmed
   6. Order the illegal devices to be destroyed or disabled
3. Damages awarded can be calculated by either:
   1. The amount of money the victim lost plus the amount the defendant gained, or
   2. Between $250 and $10,000 per illegal device. If done for profit, damages can go up to $50,000 per device.
4. Each illegal device is treated as a separate civil violation.

View the full statute here.

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