Public Act 093-0851

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Public Act 093-0851

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Public Act 0851 93RD GENERAL ASSEMBLY 







 

 		


Public Act 093-0851
 		





HB4275 Enrolled
LRB093 17716 RLC 43395 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
videotaping. 

    (a) It is unlawful for any person to knowingly make a video 
record or transmit live video of
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 make a 
video record or transmit live video of
and secretly videotape,

photograph, or film another person in that
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 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

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-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
Videotaping, photographing, and filming 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
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.


    (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.

    (d) Sentence.


        (1) A violation of subsection (a), (a-5), or (a-10), 
    (a-15), or (a-20) is a
Class A
misdemeanor.

        (2) A violation of subsection (a-5) 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-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.


        (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.


(Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)






                                        
                                    

                                

                            

                        

                    

                

            

            

                

                    Effective Date: 1/1/2005