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LRB095 10755 RLC 30997 b |
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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 that |
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| other person's residence
without 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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LRB095 10755 RLC 30997 b |
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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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LRB095 10755 RLC 30997 b |
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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.
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| (2) A violation of subsection (a) or (a-5) is a Class 4 |
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| felony.
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| (3) A violation of subsection (a-25) is a Class 3 |
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| felony. |
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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. |
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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.
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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 |