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Public Act 095-0265
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| SB0273 Enrolled |
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 |
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.
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(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.
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(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.
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(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
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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 |
be placed a device that makes a video record or transmits a |
live video in a restroom, tanning bed, tanning salon, locker |
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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 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 by correctional officials
for security reasons |
or for investigation of alleged misconduct involving a
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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 |
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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,
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 |
(a-20) is a
Class A
misdemeanor.
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(2) A violation of subsection (a) or (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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(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 |