Computer technology has become an integral part of our lives. We rely on computers and the internet for everything from communication to banking to entertainment. But with this reliance comes vulnerability to computer-related crimes. Illinois has laws in place to address computer tampering and hacking. Let’s take a look at what constitutes computer tampering under Illinois law and the penalties associated with it.
What is Computer Tampering?
In Illinois, the computer tampering law is found under 720 ILCS 5/17-51. This law makes it illegal to access or interfere with a computer system without authorization. Some examples of computer tampering include:
- Hacking into someone’s computer system to access private data
- Intentionally introducing a virus or malware to damage or disrupt a computer system
- Deleting important data or altering computer programs without permission
- Using someone’s computer or network to commit fraud or theft
- Accessing a computer to devise a scheme to defraud or deceive
- Falsifying routing information for transmitting unsolicited bulk emails
Essentially, the computer tampering law prohibits accessing, disrupting, or misusing a computer system or network without authorization. It covers both hardware and software tampering. The law is intended to protect the integrity of computer systems and networks.
Penalties for Computer Tampering
Computer tampering charges in Illinois depend on the circumstances and severity of the offense. Possible penalties include:
- Class B Misdemeanor – For basic computer tampering under 720 ILCS 5/17-51(a)(1) or falsifying email routing information under 720 ILCS 5/17-51(a)(5). Punishable by up to 6 months in jail and/or a fine up to $1,500.
- Class A Misdemeanor – For tampering that damages or alters computer data under 720 ILCS 5/17-51(a)(2). Punishable by up to 1 year in jail and/or a fine up to $2,500.
- Class 4 Felony – For second or subsequent Class A misdemeanor offense. Punishable by 1-3 years in prison and/or a fine up to $25,000.
- Class 3 Felony – For tampering offenses involving scheme to defraud or deceive under 720 ILCS 5/17-51(a)(3). Punishable by 2-5 years in prison and/or a fine up to $25,000.
- Class 2 Felony – For aggravated computer tampering that disrupts government operations or creates probability of death or harm under 720 ILCS 5/17-52. Punishable by 3-7 years in prison and/or a fine up to $25,000.
In addition to fines and imprisonment, courts can order restitution to compensate victims for losses. Property used in the commission of computer tampering may also be subject to seizure and forfeiture.
Defenses Against Computer Tampering Charges
If you’ve been accused of computer tampering, there may be defenses that could get the charges reduced or dismissed. Some potential defenses include:
- Authorization – You had permission or authorization to access the computer system, data, or programs. This authority could come from the system owner, employer policies, a user agreement, etc.
- No intent – You accessed the computer accidentally without intent to tamper or cause damage.
- Misidentification – You were mistakenly identified and did not actually commit the computer tampering.
- Duress – You were coerced into the computer tampering through threats of harm.
- Entrapment – Law enforcement induced you to commit a crime you wouldn’t have otherwise committed.
An experienced criminal defense lawyer can evaluate the details of your case and advise you on the viability of any defenses.
Related Computer Crimes
In addition to computer tampering, Illinois law also prohibits other cybercrimes under the Computer Crime Prevention Law (720 ILCS 5/17-50):
- Computer Fraud – Accessing a computer to devise a scheme to defraud or deceive (720 ILCS 5/17-50). Punishable as a Class 3 or Class 2 felony depending on value.
- Aggravated Computer Tampering – Tampering that disrupts government operations or creates probability of death/harm (720 ILCS 5/17-52). Punishable as Class 3 or Class 2 felony.
- Unlawful Use of Encryption – Use of encryption to further other criminal offenses (720 ILCS 5/17-52.5). Can be charged as a Class A misdemeanor or Class 3 felony.
- Electronic Harassment – Cyberbullying with intent to harass (720 ILCS 5/26.5-3). Punishable as Class B misdemeanor.
- Online Impersonation – Creating a fake online profile or website to harm or defraud (720 ILCS 5/17-23). Punishable as Class A misdemeanor or Class 4 felony.
The penalties get more severe for multiple offenses, higher value losses, and using encryption or anonymity tools to conceal illegal computer activities.
Reporting Computer Crimes
If you are the victim of a computer hacking or security breach, report it to local law enforcement. The police can investigate and involve state or federal authorities if warranted. You should also contact the compromised computer/system owners or network administrators so they can take action to contain the breach.It’s important to preserve evidence like log files, emails, ransomware notes, etc. so investigators can identify the perpetrator. Seek technical help to secure your systems from further intrusion.
Conclusion
Computer tampering and hacking can result in identity theft, financial fraud, lost data and productivity, as well as network downtime. Illinois laws impose stiff penalties to deter cybercrimes and hacking. But even simple unauthorized access can trigger criminal charges. If questioned or charged in relation to a computer incident, it’s essential to involve a criminal defense attorney right away to protect your rights. An experienced lawyer can often get charges reduced or dismissed where there is insufficient evidence or a lack of criminal intent.