093_HB2940
LRB093 08882 RLC 09114 b
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 26-4 as follows:
6 (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
7 Sec. 26-4. Unauthorized videotaping.
8 (a) It is unlawful for any person to knowingly
9 videotape, photograph, or film another person without that
10 person's consent in a restroom, tanning bed, tanning salon,
11 locker room, changing room, or hotel bedroom.
12 (a-5) It is unlawful for any person to knowingly and
13 secretly videotape, photograph, or film another person in the
14 other person's residence without that person's consent.
15 (a-10) It is unlawful for any person, using a concealed
16 camcorder or photographic camera of any type, to knowingly
17 and secretly videotape, photograph, or record by electronic
18 means, another person under or through the clothing worn by
19 that other person for the purpose of viewing the body of or
20 the undergarments worn by that other person without that
21 person's consent.
22 (a-15) It is unlawful for any person to knowingly
23 videotape, photograph, or film another person in that other
24 person's residence, whether owned or rented, with a concealed
25 or hidden camera or other video recording device without that
26 other person's consent.
27 (b) Exemptions. The following activities shall be
28 exempt from the provisions of this Section:
29 (1) Videotaping, photographing, and filming by law
30 enforcement officers pursuant to a criminal
31 investigation, which is otherwise lawful;
-2- LRB093 08882 RLC 09114 b
1 (2) Videotaping, photographing, and filming by
2 correctional officials for security reasons or for
3 investigation of alleged misconduct involving a person
4 committed to the Department of Corrections.
5 (c) The provisions of this Section do not apply to any
6 sound recording of an oral conversation made as the result of
7 the videotaping or filming, and to which Article 14 of this
8 Code applies.
9 (d) Sentence.
10 (1) A violation of subsection (a), (a-5), or
11 (a-10), or (a-15) is a Class A misdemeanor.
12 (2) A person who, by any means, knowingly
13 disseminates or permits the dissemination to another
14 person of a videotape, photograph, or film in violation
15 of subsection (a), (a-5), or (a-10), or (a-15) is guilty
16 of a Class 4 felony.
17 (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)