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| Public Act 093-0851 |
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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 | ||||
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 | ||||
transmission
videotaping.
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(a) It is unlawful for any person to knowingly make a video | ||||
record or transmit live video of
videotape, photograph, or
film
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another person without that person's consent in a restroom, | ||||
tanning bed,
tanning salon, locker room, changing room, or | ||||
hotel bedroom.
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(a-5) It is unlawful for any person to knowingly make a | ||||
video record or transmit live video of
and secretly videotape,
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photograph, or film another person in that
the other person's | ||||
residence
without that person's consent.
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(a-10) It is unlawful for any person, using a concealed | ||||
camcorder or
photographic
camera of any type, to knowingly make | ||||
a video record or transmit live video of
and secretly | ||||
videotape, photograph, or record
by
electronic means, another | ||||
person under or through the clothing worn by that
other person
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for the purpose of viewing the body of or the undergarments | ||||
worn by that other
person
without that person's consent.
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(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).
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(b) Exemptions. The following activities shall be exempt | ||
from the
provisions of this Section:
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(1) The making of a video record or transmission of | ||
live video
Videotaping, photographing, and filming by law | ||
enforcement
officers pursuant to a criminal investigation, | ||
which is otherwise lawful;
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(2) The making of a video record or transmission of | ||
live video
Videotaping, photographing, and filming 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.
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(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
videotaping or filming,
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-5), or (a-10), | ||
(a-15), or (a-20) is a
Class A
misdemeanor.
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(2) A violation of subsection (a-5) is a Class 4 | ||
felony.
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(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.
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(2) A person who, by any means, knowingly disseminates | ||
or permits the
dissemination to another person of a | ||
videotape, photograph, or film in
violation of subsection | ||
(a), (a-5), or (a-10) is guilty of a
Class 4 felony. | ||
(e) For purposes of this Section, "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.
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(Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)
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