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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 
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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 
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transmission
videotaping. 

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

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another person without that person's consent in a restroom, 
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tanning bed,
tanning salon, locker room, changing room, or 
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hotel bedroom.

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    (a-5) It is unlawful for any person to knowingly make a 
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video record or transmit live video of
and secretly videotape,

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photograph, or film another person in that
the other person's 
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residence
without that person's consent.

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    (a-10) It is unlawful for any person, using a concealed 
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camcorder or
photographic
camera of any type, to knowingly make 
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a video record or transmit live video of
and secretly 
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videotape, photograph, or record
by
electronic means, another 
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person under or through the clothing worn by that
other person

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for the purpose of viewing the body of or the undergarments 
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worn by that other
person
without that person's consent.

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    (a-15)  It is unlawful for any person to place or cause to 
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be placed a device that makes a video record or transmits a 
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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 
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video record or transmit live video of another person without 
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that person's consent.
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    (a-20) It is unlawful for any person to place or cause to 
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be placed a device that makes a video record or transmits a 
 


 






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live video with the intent to make a video record or transmit 
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live video of another person in that other person's residence 
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without that person's consent.
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    (a-25) It is unlawful for any person to, by any means, 
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knowingly disseminate, or permit to be disseminated, a video 
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record or live video that he or she knows to have been made or 
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transmitted in violation of (a), (a-5), (a-10), (a-15), or 
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(a-20).

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    (b) Exemptions.  The following activities shall be exempt 
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from the
provisions of this Section:


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        (1) The making of a video record or transmission of  
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live video
Videotaping, photographing, and filming by law 
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enforcement
officers pursuant to a criminal investigation, 
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which is otherwise lawful;


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        (2) The making of a video record or transmission of  
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live video
Videotaping, photographing, and filming by 
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correctional officials
for security reasons or for 
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investigation of alleged misconduct involving a
person 
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committed to the Department of Corrections.
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        (3) The making of a video record or transmission of 
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live video in a locker room by a reporter or news medium, 
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as those terms are defined in Section 8-902 of the Code of 
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Civil Procedure, where the reporter or news medium has been 
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granted access to the locker room by an appropriate 
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authority for the purpose of conducting interviews.


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    (c) The provisions of this Section do not apply to any 
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sound recording
or transmission of an oral conversation made as 
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the result of the making of a video record or transmission of 
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live video
videotaping or filming,
and to which Article 14 of 
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this Code applies.

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    (d) Sentence.


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

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        (2) A violation of subsection (a-5) is a Class 4 
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felony.


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        (3) A violation of subsection (a-25) is a Class 3 
 


 






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felony.
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        (4) A violation of subsection (a), (a-5), (a-10), 
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(a-15) or (a-20) is a Class 3 felony if the victim is a 
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person under 18 years of age or if the violation is 
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committed by an individual who is required to register as a 
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sex offender under the Sex Offender Registration Act.
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        (5) A violation of subsection (a-25) is a Class 2 
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felony if the victim is a person under 18 years of age or 
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if the violation is committed by an individual who is 
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required to register as a sex offender under the Sex 
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Offender Registration Act.


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        (2) A person who, by any means, knowingly disseminates 
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or permits the
dissemination to another person of a 
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videotape, photograph, or film in
violation of subsection 
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(a), (a-5), or (a-10) is guilty of a
Class 4 felony.
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    (e)  For purposes of this Section, "video record"  means and 
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includes any videotape, photograph, film, or other electronic 
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or digital recording of a still or moving visual image; and 
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"live video" means and includes any real-time or 
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contemporaneous electronic or digital transmission of a still 
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or moving visual image.


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