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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 26-4 as follows:
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6 | (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
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7 | Sec. 26-4. Unauthorized video recording and live video | ||||||
8 | transmission.
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9 | (a) It is unlawful for any person to knowingly make a video | ||||||
10 | record or transmit live video of
another person without that | ||||||
11 | person's consent in a restroom, tanning bed,
tanning salon,
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12 | locker room, changing room, or hotel bedroom.
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13 | (a-4) It is unlawful for any person to knowingly make a | ||||||
14 | video record or transmit live video of
another person without | ||||||
15 | that person's consent in a tanning bed or tanning salon.
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16 | (a-5) It is unlawful for any person to knowingly make a | ||||||
17 | video record or transmit live video of another person in that | ||||||
18 | other person's residence
without that person's consent.
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19 | (a-10) It is unlawful for any person to knowingly make a | ||||||
20 | video record or transmit live video of another person under or | ||||||
21 | through the clothing worn by that
other person
for the purpose | ||||||
22 | of viewing the body of or the undergarments worn by that other
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23 | person
without that person's consent.
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1 | (a-15) It is unlawful for any person to place or cause to | ||||||
2 | be placed a device that makes a video record or transmits a | ||||||
3 | live video in a restroom, tanning bed, tanning salon, locker | ||||||
4 | room, changing room, or hotel bedroom with the intent to make a | ||||||
5 | video record or transmit live video of another person without | ||||||
6 | that person's consent. | ||||||
7 | (a-20) It is unlawful for any person to place or cause to | ||||||
8 | be placed a device that makes a video record or transmits a | ||||||
9 | live video with the intent to make a video record or transmit | ||||||
10 | live video of another person in that other person's residence | ||||||
11 | without that person's consent. | ||||||
12 | (a-25) It is unlawful for any person to, by any means, | ||||||
13 | knowingly disseminate, or permit to be disseminated, a video | ||||||
14 | record or live video that he or she knows to have been made or | ||||||
15 | transmitted in violation of (a), (a-5), (a-10), (a-15), or | ||||||
16 | (a-20).
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17 | (b) Exemptions. The following activities shall be exempt | ||||||
18 | from the
provisions of this Section:
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19 | (1) The making of a video record or transmission of | ||||||
20 | live video by law enforcement
officers pursuant to a | ||||||
21 | criminal investigation, which is otherwise lawful;
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22 | (2) The making of a video record or transmission of | ||||||
23 | live video by correctional officials
for security reasons | ||||||
24 | or for investigation of alleged misconduct involving a
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25 | person committed to the Department of Corrections. | ||||||
26 | (3) The making of a video record or transmission of |
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1 | live video in a locker room by a reporter or news medium, | ||||||
2 | as those terms are defined in Section 8-902 of the Code of | ||||||
3 | Civil Procedure, where the reporter or news medium has been | ||||||
4 | granted access to the locker room by an appropriate | ||||||
5 | authority for the purpose of conducting interviews.
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6 | (c) The provisions of this Section do not apply to any | ||||||
7 | sound recording
or transmission of an oral conversation made as | ||||||
8 | the result of the making of a video record or transmission of | ||||||
9 | live video,
and to which Article 14 of this Code applies.
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10 | (d) Sentence.
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11 | (1) A violation of subsection (a), (a-10), (a-15), or | ||||||
12 | (a-20) is a
Class A
misdemeanor.
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13 | (2) A violation of subsection (a-4) or (a-5) is a Class | ||||||
14 | 4 felony.
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15 | (3) A violation of subsection (a-25) is a Class 3 | ||||||
16 | felony. | ||||||
17 | (4) A violation of subsection (a), (a-5), (a-10), | ||||||
18 | (a-15) or (a-20) is a Class 3 felony if the victim is a | ||||||
19 | person under 18 years of age or if the violation is | ||||||
20 | committed by an individual who is required to register as a | ||||||
21 | sex offender under the Sex Offender Registration Act. | ||||||
22 | (5) A violation of subsection (a-25) is a Class 2 | ||||||
23 | felony if the victim is a person under 18 years of age or | ||||||
24 | if the violation is committed by an individual who is | ||||||
25 | required to register as a sex offender under the Sex | ||||||
26 | Offender Registration Act.
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1 | (e) For purposes of this Section, "video record" means and | ||||||
2 | includes any videotape, photograph, film, or other electronic | ||||||
3 | or digital recording of a still or moving visual image; and | ||||||
4 | "live video" means and includes any real-time or | ||||||
5 | contemporaneous electronic or digital transmission of a still | ||||||
6 | or moving visual image.
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7 | (Source: P.A. 92-86, eff. 7-12-01; 93-851, eff. 1-1-05.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law. |