94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1560


 
Introduced 2/14/2005, by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/26-4
  from Ch. 38, par. 26-4







    Amends the Criminal Code of 1961.  Provides that the penalties for the offense of unauthorized recording and live video transmission are one class higher than the various penalties prescribed for the offense if the defendant's intent in committing the violation was to promote a prurient interest in sex.  Provides that it is unlawful for any person to knowingly make a video record or transmit live video of another person in a residence or in an area where a person would have a reasonable expectation of privacy without that person's consent (rather than in that other person's residence).  Provides that placing or causing to be placed a device that makes a video record or transmits a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmit live video of another person without that person's consent is a Class 4 felony (rather than a Class A misdemeanor) and a Class 3 felony if the defendant's intent was to promote a prurient interest in sex. Effective immediately.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1560

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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 26-4 as follows:
 



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    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)



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    Sec. 26-4. Unauthorized video recording and live video 
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transmission. 

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    (a) It is unlawful for any person to knowingly make a video 
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record or transmit live video of

another person without that 
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person's consent in a restroom, tanning bed,
tanning salon, 
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locker room, changing room, or hotel bedroom.

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    (a-5) It is unlawful for any person to knowingly make a 
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video record or transmit live video of another person in a 
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residence or in an area where a person would have a reasonable 
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expectation of privacy
that other person's residence
without 
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that person's consent.

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    (a-10) It is unlawful for any person to knowingly make a 
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video record or transmit live video of another person under or 
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through the clothing worn by that
other person
for the purpose 
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of viewing the body of or the undergarments worn by that other

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person
without that person's consent.

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    (a-15)  It is unlawful for any person to place or cause to 
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be placed a device that makes a video record or transmits a 
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live video in a restroom, tanning bed, tanning salon, locker 
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room, changing room, or hotel bedroom with the intent to make a 
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video record or transmit live video of another person without 
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that person's consent.
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    (a-20) It is unlawful for any person to place or cause to 
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be placed a device that makes a video record or transmits a 
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live video with the intent to make a video record or transmit 
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live video of another person in that other person's residence 
 


 






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without that person's consent.
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    (a-25) It is unlawful for any person to, by any means, 
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knowingly disseminate, or permit to be disseminated, a video 
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record or live video that he or she knows to have been made or 
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transmitted in violation of (a), (a-5), (a-10), (a-15), or 
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(a-20).

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    (b) Exemptions.  The following activities shall be exempt 
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from the
provisions of this Section:


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        (1) The making of a video record or transmission of  
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    live video by law enforcement
officers pursuant to a 
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    criminal investigation, which is otherwise lawful;


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        (2) The making of a video record or transmission of  
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    live video by correctional officials
for security reasons 
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    or for investigation of alleged misconduct involving a

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    person committed to the Department of Corrections.
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        (3) The making of a video record or transmission of 
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    live video in a locker room by a reporter or news medium, 
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    as those terms are defined in Section 8-902 of the Code of 
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    Civil Procedure, where the reporter or news medium has been 
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    granted access to the locker room by an appropriate 
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    authority for the purpose of conducting interviews.


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    (c) The provisions of this Section do not apply to any 
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sound recording
or transmission of an oral conversation made as 
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the result of the making of a video record or transmission of 
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live video,
and to which Article 14 of this Code applies.

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    (d) Sentence.


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        (1) A violation of subsection (a), (a-10), (a-15), or 
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    (a-20) is a
Class A
misdemeanor. A violation of subsection 
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    (a), (a-10), or (a-20) is a
Class 4 felony if the 
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    defendant's intent in committing the violation was to 
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    promote a prurient interest in sex.


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        (1.5) A violation of subsection (a-15) is a Class 4 
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    felony.  A violation of subsection (a-15) is a Class 3 
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    felony if the defendant's intent in committing the 
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    violation was to promote a prurient interest in sex.

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        (2) A violation of subsection (a-5) is a Class 4 
 


 






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    felony.
A violation of subsection (a-5) is a Class 3 felony 
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    if the defendant's intent in committing the violation was 
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    to promote a prurient interest in sex.


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        (3) A violation of subsection (a-25) is a Class 3 
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    felony. A violation of subsection (a-25) is a Class 2 
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    felony if the defendant's intent in committing the 
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    violation was to promote a prurient interest in sex.

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        (4) A violation of subsection (a), (a-5), (a-10), 
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    (a-15) or (a-20) is a Class 3 felony if the victim is a 
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    person under 18 years of age or if the violation is 
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    committed by an individual who is required to register as a 
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    sex offender under the Sex Offender Registration Act. A 
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    violation of subsection (a), (a-5), (a-10), (a-15) or 
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    (a-20) is a Class 2 felony if the defendant's intent in 
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    committing the violation was to promote a prurient interest 
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    in sex and if the victim is a person under 18 years of age 
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    or if the violation is committed by an individual who is 
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    required to register as a sex offender under the Sex 
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    Offender Registration Act.

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        (5) A violation of subsection (a-25) is a Class 2 
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    felony if the victim is a person under 18 years of age or 
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    if the violation is committed by an individual who is 
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    required to register as a sex offender under the Sex 
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    Offender Registration Act.
A violation of subsection 
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    (a-25) is a Class 1 felony if the defendant's intent in 
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    committing the violation was to promote a prurient interest 
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    in sex and if the victim is a person under 18 years of age 
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    or if the violation is committed by an individual who is 
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    required to register as a sex offender under the Sex 
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    Offender Registration Act.

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    (e)  For purposes of this Section, "video record"  means and 
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includes any videotape, photograph, film, or other electronic 
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or digital recording of a still or moving visual image; and 
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"live video" means and includes any real-time or 
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contemporaneous electronic or digital transmission of a still 
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or moving visual image.


 


 






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(Source: P.A. 92-86, eff. 7-12-01; 93-851, eff. 1-1-05.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.