State of Illinois
92nd General Assembly
Legislation

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92_SB0157

 
                                               LRB9203344ARsb

 1        AN ACT in relation to the criminal law.

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

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

 6        (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
 7        Sec. 26-4.  Unauthorized videotaping.
 8        (a)  It  is  unlawful  for  any   person   to   knowingly
 9    videotape,  photograph,  or  film another person without that
10    person's consent in a restroom, tanning bed,  tanning  salon,
11    locker room, changing room, or hotel bedroom.
12        (a-5)  It  is  unlawful  for  any person to knowingly and
13    secretly videotape, photograph, or film another person in the
14    other person's residence without that person's consent.
15        (b)  Exemptions.   The  following  activities  shall   be
16    exempt from the provisions of this Section:
17             (1)  Videotaping,  photographing, and filming by law
18        enforcement   officers    pursuant    to    a    criminal
19        investigation, which is otherwise lawful;
20             (2)  Videotaping,   photographing,  and  filming  by
21        correctional  officials  for  security  reasons  or   for
22        investigation  of  alleged  misconduct involving a person
23        committed to the Department of Corrections;.
24             (3)  Videotaping, photographing, and  filming  by  a
25        private  investigator  licensed in Illinois acting within
26        the scope of his or her employment,  provided  that  this
27        videotaping,   photographing   or  filming  is  otherwise
28        lawful.
29        (c)  The provisions of this Section do not apply  to  any
30    sound recording of an oral conversation made as the result of
31    the  videotaping  or filming, and to which Article 14 of this
 
                            -2-                LRB9203344ARsb
 1    Code applies.
 2        (d)  Sentence.
 3             (1)  A violation of subsection (a)  or  (a-5)  is  a
 4        Class A misdemeanor.
 5             (2)  A   person   who,   by   any  means,  knowingly
 6        disseminates or  permits  the  dissemination  to  another
 7        person  of  a videotape, photograph, or film in violation
 8        of subsection (a) or (a-5) is guilty of a Class 4 felony.
 9    (Source: P.A. 91-910, eff. 1-1-01.)

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

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