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92nd General Assembly

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Public Act 92-0086

SB1297 Enrolled                                LRB9208195ARsb

    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 videotaping.
    (a)  It  is  unlawful  for  any   person   to   knowingly
videotape,  photograph,  or  film 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 and
secretly videotape, photograph, or film another person in the
other person's residence without that person's consent.
    (a-10)  It is unlawful for any person, using a  concealed
camcorder  or  photographic  camera of any type, to knowingly
and secretly videotape, photograph, or record  by  electronic
means,  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.
    (b)  Exemptions.   The  following  activities  shall   be
exempt from the provisions of this Section:
         (1)  Videotaping,  photographing, and filming by law
    enforcement   officers    pursuant    to    a    criminal
    investigation, which is otherwise lawful;
         (2)  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.
    (c)  The provisions of this Section do not apply  to  any
sound recording of an oral conversation made as the result of
the  videotaping  or filming, and to which Article 14 of this
Code applies.
    (d)  Sentence.
         (1)  A violation of subsection  (a),  or  (a-5),  or
    (a-10) is a Class A misdemeanor.
         (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), or (a-5), or (a-10)  is  guilty  of  a
    Class 4 felony.
(Source: P.A. 91-910, eff. 1-1-01.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly April 26, 2001.
    Approved July 12, 2001.
    Effective July 12, 2001.

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