Public Act 096-0416
 		





HB4173 Enrolled
LRB096 02000 RLC 12011 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-6)  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 when the 
recording or transmission is made outside that person's 
residence by use of an audio or video device that records or 
transmits from a remote location. 
    (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-6), (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-10), (a-15), or (a-20) 
    is a
Class A
misdemeanor.

        (2) A violation of subsection (a), or (a-5), or (a-6) 
    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-6), 
    (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 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. 95-178, eff. 8-14-07; 95-265, eff. 1-1-08; 
95-876, eff. 8-21-08.)