230 lines
10 KiB
Plaintext
230 lines
10 KiB
Plaintext
The Illinois Computer Crime
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Prevention law, adopted in 1981, and amended in 1987. This is
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article 16D of the "Criminal Code of 1961." */
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16D-1. Short title
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Section 16D-1. Short title. This Article shall be known and may
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be cited as the "Computer Crime Prevention Law."
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16D-2. Definitions
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Section 16D-2. Definitions. As used in this Article, unless the
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context otherwise indicates:
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(a) "Computer" means a device that accepts, processes, stores,
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retrieves or outputs data, and includes but is not limited to
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auxiliary storage and telecommunications devices connected to
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computers.
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(b) "Computer program" or "program" means a series of coded
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instructions or statements in a form acceptable to a computer
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which causes the computer to process data and supply th results
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of the data processing.
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(c) "Data" means a representation of information, knowledge,
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facts, concepts or instructions, including program documentation,
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which is prepared in a formalized manner and is stored or
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processed in or transmitted by a computer. Data shall be
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considered property and may be in any form including but not
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limited to printouts, magnetic or optical storage media, punch
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cards or data stored internally in the memory of the computer.
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(d) In addition to its meaning as defined in Section 15-1 of this
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Code, "property" means: (1) electronic impulses; (2)
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electronically produced data; (3) confidential, copyrighted or
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proprietary information; (4) private identification codes or
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numbers which permit access to a computer by authorized computer
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users or generate billings to consumers for purchase of goods and
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services, including but not limited to credit card transaction
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and telecommunications services or permit electronic fund
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transactions; (5) software or program in either machine or human
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readable form; or (6) any other tangible or intangible item
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relating to a computer or any part thereof.
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(e) "Access" means to use, instruct, communicate with, store data
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in, retrieve o intercept data from, or otherwise utilize any
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services of a computer.
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(f) "Services" includes but is not limited to computer time, data
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manipulation or storage functions.
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(g) "Vital services or operations" means those services or
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operation required ot provide, operate, maintain, and repair
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network cabling, transmission, distribution, or computer
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facilities necessary to ensure or protect the public health,
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safety, or welfare. Public health, safety, or welfare include,
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but are not limited to, services provided by medical personnel or
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institutions, fire departments, emergency services agencies,
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national defense contractors, armed forces or militia personnel,
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p[rivate and public utility companies or law enforcement
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agencies.
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16D-3. Computer tampering
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Section 16D-3. Computer Tampering. (a) A person commits the
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offense of computer tampering when he knowingly and without the
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authorization of a computer's owner, as defined in Section 15-2
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of this Code, or in excess of the authority granted to him:
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(1) Access or cause to be accessed a computer or any part
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thereof, or a program or data;
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(2) Accesses or causes to be accessed a computer or any part
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thereof, or a program or data, and obtains data or services;
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(3) Accesses or causes to be accessed a computer or any part
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thereof, or a program or data, and damages or destroys the
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computer or alters, deletes or removes a computer program or data;
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(4) Inserts or attempt to insert a "program" into a computer or
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computer program knowing or having reason to believe that such
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"program" contains information or commands that will or may
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damage or destroy that computer, or any other computer
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subsequently accessing or being accessed by that computer, or
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that will or may alter, delete or remove a computer program or
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data from that computer, or any other computer program or data in
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a computer subsequently accessing or being accessed by that
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computer, or that will or may cause loss to the users of that
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computer or the users of a computer which accesses or which is
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accessed by such "program."
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(b) Sentence.
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(1) A person who commits the offense of computer tampering as set
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forth in subsection (a)(1) of this Section shall be guilty of a
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Class B misdemeanor.
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(2) A person who commits the offense of computer tampering as set
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forth in subsection (a)(2) of this Section shall be guilty of a
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Class A misdemeanor and a Class 4 felony for the second or
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subsequent offense.
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(3) A person who commits the offense of computer tampering as set
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forth in subsection (a)(3) or subsection (a)(4) of this Section
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shall be guilty of a Class 4 felony and a Class 3 felony for the
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second or subsequent offense.
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(c) Whoever suffers loss by reason of a violation of subsection
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(a)(4) of this Section may, in a civil action against the
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violator, obtain appropriate relief. In a civil action under this
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Section, the Court ma award to the prevailing party reasonable
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attorney's fees and other litigation expenses.
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16D-4. Aggravate computer tampering
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Section 16 D-4. Aggravated Computer Tampering. (A) A person
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commits aggravated computer tampering when he commits the offense
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of computer tampering as set forth in subsection (a)(3) of
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Section 16D-3 and he knowingly:
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(1) causes disruption of or interference with vital services or
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operations of State or local government or a public utility; or
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(2) creates a strong probability of death or great bodily harm to
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one or more individuals.
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(b) Sentence. (1) A person who commits the offense of aggravated
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computer tampering as set forth in subsection (a)(1) of this
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Section shall be guilty of a Class 3 felony.
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(2) A person who commits the offense of aggravated computer
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tampering as set forth in subsection(a)(2) of this Section shall
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be guilty of Class 2 felony.
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16D-5. Computer fraud
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Section 16D-5. Computer Fraud. (a) A person commits the offense
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of computer fraud when he knowingly:
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(1) Accesses or causes to be accessed a computer or any part
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thereof, or alters, deletes, or removes any program or data
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contained therein, in connection with any scheme , artifice to
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defraud, or as part of a deception;
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(2) Obtains use of, damages, or destroys a computer or any part
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thereof, or alters, deletes, or removes any program or data
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contained therein, in connection with any scheme, artifice to
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defraud, or as part of a deception; or
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(3) Accesses or caused to be accessed a computer or any part
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thereof, or a program or data, and obtains money or control over
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any such money, property, or services of another in connection
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with any scheme, artifice to defraud, or as part of a deception.
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(b) Sentence. (1) A person who commits the offense of computer
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fraud as set forth in subsection (a)(1) of this Section shall be
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guilty of a Class 4 felony.
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(2) A person who commits the offenses of computer fraud as set
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forth in subsection (a)(2) of this Section shall be guilty of a
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Class 3 felony.
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(3) A person who commits the offenses of computer fraud as set
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forth in subsection (a)(3) of this Section shall:
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(i) be guilty of a Class 4 felony felony if the value of the
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money, property or services is $ 1,000 or less; or
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(ii) be guilty of a Class 3 felony if the value of the money,
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property or services is more than $ 1,000 but less than $ 50,000;
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or
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(iii) be guilty of a Class 2 felony if the value of the money,
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property or services is $ 50,000 or more.
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16D-6. Forfeiture
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Section 16D-6. Forfeiture. 1. Any person who commits the offense
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of computer fraud as set forth in Section 16D-5 shall forfeit,
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according to the provisions of this Section, any monies, profits
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or proceeds, and any interest or property which the sentencing
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court determines he has acquired or maintained, directly or
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indirectly, in whole or in part, as a result of such offense. Such
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person shall also forfeit any interest in, security, claim
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against, or contractual right of any kind which affords him a
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source of influence over any enterprise which he has established,
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operated, controlled, conducted or participated in conducting,
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where his relationship to or connection with any such thing or
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activity directly or indirectly, in whole or in part, is
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traceable to any item or benefit which he has obtained or
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acquire through computer fraud.
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Proceedings instituted pursuant to this Section shall be subject
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to and conducted in accordance with the following procedures:
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(a) The sentencing court shall, upon petition by the prosecuting
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agency, whether it is the Attorney General or a State's Attorney,
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at any time following sentencing, conduct a hearing to determine
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whether any property or property interest is subject to forfeiture
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under this Section. At the forfeiture hearing the People of the
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State of Illinois shall heave the burden establishing, by a
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preponderance of the evidence, that th eproperty or property
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interests are subject to such forfeiture.
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(b) In any action brought by the People of the State of Illinois
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under this Section, the circuit courts of Illinois shall
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jurisdiction to enter such restraining orders, injunctions or
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prohibitions, or take such other action in connection with real,
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personal, or mixed property or other interest subject ot
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forfeiture, as they shall consider proper.
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(c) In any action brought by the People of the State of Illinois
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under this Section, wherein any restraining order, injunction or
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prohibition or any other action in connection with any property
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or interest subject to forfeiture under this Section is sought,
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the circuit court presiding over there trial of the person or
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persons charge with computer fraud shall first determine whether
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there is probable cause to believe that the person or persons so
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charged have committed the offesne of computer fraud and whether
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the property or interest is subject to forefeiture pursaunt to
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this Section. In order to make this determination, prior to
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entering any such order, the court shall conducta hearing without
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a jury, where the People shall establish: (1) probable cause that
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the person or person so charged have committed the offense of
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computer fraud, and (2) probable cause that nay property or
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interest may be subject to forefeiture pursuant to this Section.
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Such hearing
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