Illinois General Assembly - Full Text of Public Act 095-0178

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Public Act 095-0178

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Public Act 0178 95TH GENERAL ASSEMBLY

Public Act 095-0178

HB3766 Enrolled LRB095 07542 RLC 27692 b

    AN ACT concerning criminal law.

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

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

    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)
    Sec. 26-4. Unauthorized video recording and live video
transmission.
    (a) It is unlawful for any person to knowingly make a video
record or transmit live video of another person without that
person's consent in a restroom, tanning bed, tanning salon,
locker room, changing room, or hotel bedroom.
    (a-5) It is unlawful for any person to knowingly make a
video record or transmit live video of another person in that
other person's residence without that person's consent.
    (a-10) It is unlawful for any person to knowingly make a
video record or transmit live video of another person under or
through the clothing worn by that other person for the purpose
of viewing the body of or the undergarments worn by that other
person without that person's consent.
    (a-15) It is unlawful for any person to place or cause 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.
    (a-20) It is unlawful for any person to place or cause to
be placed a device that makes a video record or transmits a
live video with the intent to make a video record or transmit
live video of another person in that other person's residence
without that person's consent.
    (a-25) It is unlawful for any person to, by any means,
knowingly disseminate, or permit to be disseminated, a video
record or live video that he or she knows to have been made or
transmitted in violation of (a), (a-5), (a-10), (a-15), or
(a-20).
    (b) Exemptions. The following activities shall be exempt
from the provisions of this Section:
        (1) The making of a video record or transmission of
    live video by law enforcement officers pursuant to a
    criminal investigation, which is otherwise lawful;
        (2) The making of a video record or transmission of
    live video by correctional officials for security reasons
    or for investigation of alleged misconduct involving a
    person committed to the Department of Corrections.
        (3) The making of a video record or transmission of
    live video in a locker room by a reporter or news medium,
    as those terms are defined in Section 8-902 of the Code of
    Civil Procedure, where the reporter or news medium has been
    granted access to the locker room by an appropriate
    authority for the purpose of conducting interviews.
    (c) The provisions of this Section do not apply to any
sound recording or transmission of an oral conversation made as
the result of the making of a video record or transmission of
live video, and to which Article 14 of this Code applies.
    (d) Sentence.
        (1) A violation of subsection (a), (a-10), (a-15), or
    (a-20) is a Class A misdemeanor.
        (2) A violation of subsection (a-5) is a Class 4
    felony.
        (3) A violation of subsection (a-25) is a Class 3
    felony.
        (4) A violation of subsection (a), (a-5), (a-10),
    (a-15) or (a-20) is a Class 3 felony if the victim is a
    person under 18 years of age or if the violation is
    committed by an individual who is required to register as a
    sex offender under the Sex Offender Registration Act.
        (5) A violation of subsection (a-25) is a Class 2
    felony if the victim is a person under 18 years of age or
    if the violation is committed by an individual who is
    required to register as a sex offender under the Sex
    Offender Registration Act.
    (e) For purposes of this Section: ~~,~~
        (1) "Residence" includes a rental dwelling, but does
    not include stairwells, corridors, laundry facilities, or
    additional areas in which the general public has access.
        (2) "Video~~"video~~ record" means and includes any
    videotape, photograph, film, or other electronic or
    digital recording of a still or moving visual image; and
    "live video" means and includes any real-time or
    contemporaneous electronic or digital transmission of a
    still or moving visual image.
(Source: P.A. 92-86, eff. 7-12-01; 93-851, eff. 1-1-05.)

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

Effective Date: 8/14/2007

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