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HB 3746

CRIM CD-HARASS ELECTRON-CIVIL

104th Regular Session Introduced by Bob Rita

Creates a civil action for electronic harassment with up to $10M per count and adds punitive damages; end-to-end encryption is an aggravating sentencing factor.

Referred to Rules Committee
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Bill Summary · HB 3746

HB 3746 (CRIM CD-HARASS ELECTRON-CIVIL) — Summary

Overview

HB 3746, introduced by Rep. Robert “Bob” Rita (HB3746, 104th General Assembly), adds a civil remedy to the existing harassment through electronic communications statute and strengthens penalties when end-to-end encrypted platforms are used to harass. The bill amends multiple sections of the Criminal Code (720 ILCS 5/26.5-0.1, 26.5-3, 26.5-5) and aligns with related provisions in the Unified Code of Corrections. Effective immediately, the measure is currently referred to Rules Committee after a public hearing in April 2025.

Purpose and intent

  • Create a civil cause of action for victims of harassment through electronic communications, in addition to existing criminal penalties.
  • Authorize substantial monetary damages and potential punitive damages to deter and compensate victims.
  • Establish enhanced sentencing when harassment is conducted via end-to-end encrypted systems or devices.

Key provisions and changes

Civil action for harassment

  • In addition to criminal penalties, victims may bring a civil action against the harasser under the harassment through electronic communications statute (26.5-3).
  • Damages: Up to $10,000,000 for each count of harassment.
    • Compensatory damages may cover physical injury, emotional distress, reputational harm, or other direct damages resulting from the harassment.
    • Prevailing party may recover reasonable attorney’s fees, court costs, and other expenses.

Punitive damages

  • Court may award punitive damages if the defendant’s conduct was willfully or maliciously intended to harm the victim.
  • Punitive damages are allowed up to the same per-count cap of $10,000,000 (per count).

End-to-end encryption as an aggravating factor

  • Use of an end-to-end encryption messaging system or device to harass is an aggravating factor in sentencing.
  • A person who engages in harassment through electronic communications using end-to-end encryption to conduct harassment is guilty of a Class 3 felony, regardless of other offense factors.

Definitions

  • Electronic communication: Any transfer of signs, signals, writings, images, sounds, data, or intelligence transmitted by wire, radio, electromagnetic means, including communications via email, text, instant message, voicemail, etc.
  • End-to-end encryption messaging system or device: Any system that ensures recipients can prevent intermediaries from reading messages.
  • Harass: Knowing conduct not necessary to accomplish a purpose that would cause a reasonable person emotional distress and does cause emotional distress.
  • Family/household relationships: Expanded definitions include current/former spouses, relatives, cohabitants, etc., for context in related provisions.

Sentencing (Section 26.5-5)

  • General penalty: Violations of 26.5-3 (and related sections) are Class B misdemeanors, with a second or subsequent violation elevating to Class A misdemeanor (minimums apply: at least 14 days in jail or 240 hours of public/community service).
  • Class 4 felony threshold: If the offender has three or more prior violations in a given period or other specified circumstances involving harassment via electronic communications, the offense can be elevated to Class 4 felony.

Conforming changes

  • The bill makes conforming changes to the Unified Code of Corrections to reflect the new civil remedies and sentencing enhancements.

Who is affected

  • Victims of harassment conducted through electronic communications.
  • Defendants/harassers, who face enhanced penalties (including potential Class 3 or Class 4 felony classifications) when end-to-end encryption is used to facilitate harassment.
  • Civil litigants who pursue damages and fees in addition to criminal penalties.

Procedural and timeline aspects

  • Bills introduced: February 18, 2025; filed February 7, 2025; read first time March 26, 2025; referred to Rules Committee March 4, 2025.
  • Legislative actions show a public hearing on April 28, 2025, with the bill left pending in committee.
  • Companion: SB 1907 (same or similar measure).

Effective date

  • Effective immediately upon enactment.

Related bill

  • Companion bill: SB 1907.

If you’d like, I can compare HB 3746 to current Illinois law on harassment by electronic communications or provide a side-by-side with the companion SB 1907.

Compiled from official sources — confirm details with the bill’s official record.

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