100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3906

 

Introduced , by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-4  from Ch. 38, par. 26-4

    Amends the Criminal Code of 2012. Provides that it is unlawful for any person to, without the consent of another person, operate an unmanned aerial vehicle in a manner that: (1) is intended to cause the unmanned aerial vehicle to enter the space above or surrounding the other person's occupied residence for the purpose of making a video record or transmitting live video or audio recordings of the other person while the other person is: (A) within his or her occupied residence; or (B) on the land or premises on which his or her occupied residence is located; and (2) invades the other person's reasonable expectation of privacy. Defines "unmanned aerial vehicle". Provides that a violation is a Class A misdemeanor. Provides that if the video record or live video is disseminated, the penalty is a Class 3 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 26-4 as follows:
 
6    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)
7    Sec. 26-4. Unauthorized video recording and live video
8transmission.
9    (a) It is unlawful for any person to knowingly make a video
10record or transmit live video of another person without that
11person's consent in a restroom, tanning bed, tanning salon,
12locker room, changing room, or hotel bedroom.
13    (a-5) It is unlawful for any person to knowingly make a
14video record or transmit live video of another person in that
15other person's residence without that person's consent.
16    (a-6) It is unlawful for any person to knowingly make a
17video record or transmit live video of another person in that
18other person's residence without that person's consent when the
19recording or transmission is made outside that person's
20residence by use of an audio or video device that records or
21transmits from a remote location.
22    (a-10) It is unlawful for any person to knowingly make a
23video record or transmit live video of another person under or

 

 

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1through the clothing worn by that other person for the purpose
2of viewing the body of or the undergarments worn by that other
3person without that person's consent.
4    (a-15) It is unlawful for any person to place or cause to
5be placed a device that makes a video record or transmits a
6live video in a restroom, tanning bed, tanning salon, locker
7room, changing room, or hotel bedroom with the intent to make a
8video record or transmit live video of another person without
9that person's consent.
10    (a-20) It is unlawful for any person to place or cause to
11be placed a device that makes a video record or transmits a
12live video with the intent to make a video record or transmit
13live video of another person in that other person's residence
14without that person's consent.
15    (a-25) It is unlawful for any person to, by any means,
16knowingly disseminate, or permit to be disseminated, a video
17record or live video that he or she knows to have been made or
18transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
19or (a-20), or (a-30).
20    (a-30) It is unlawful for any person to knowingly, without
21the consent of another person, operate an unmanned aerial
22vehicle in a manner that:
23        (1) is intended to cause the unmanned aerial vehicle to
24    enter the space above or surrounding the other person's
25    occupied residence for the purpose of making a video record
26    or transmitting live video, or audio recordings of the

 

 

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1    other person while the other person is:
2            (A) within his or her occupied residence; or
3            (B) on the land or premises on which his or her
4        occupied residence is located; and
5        (2) invades his or her reasonable expectation of
6    privacy.
7    (b) Exemptions. The following activities shall be exempt
8from the provisions of this Section:
9        (1) The making of a video record or transmission of
10    live video by law enforcement officers pursuant to a
11    criminal investigation, which is otherwise lawful;
12        (2) The making of a video record or transmission of
13    live video by correctional officials for security reasons
14    or for investigation of alleged misconduct involving a
15    person committed to the Department of Corrections; and
16        (3) The making of a video record or transmission of
17    live video in a locker room by a reporter or news medium,
18    as those terms are defined in Section 8-902 of the Code of
19    Civil Procedure, where the reporter or news medium has been
20    granted access to the locker room by an appropriate
21    authority for the purpose of conducting interviews.
22    (c) The provisions of this Section do not apply to any
23sound recording or transmission of an oral conversation made as
24the result of the making of a video record or transmission of
25live video, and to which Article 14 of this Code applies.
26    (d) Sentence.

 

 

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1        (1) A violation of subsection (a-10), (a-15), or
2    (a-20), or (a-30) is a Class A misdemeanor.
3        (2) A violation of subsection (a), (a-5), or (a-6) is a
4    Class 4 felony.
5        (3) A violation of subsection (a-25) is a Class 3
6    felony.
7        (4) A violation of subsection (a), (a-5), (a-6),
8    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim
9    is a person under 18 years of age or if the violation is
10    committed by an individual who is required to register as a
11    sex offender under the Sex Offender Registration Act.
12        (5) A violation of subsection (a-25) is a Class 2
13    felony if the victim is a person under 18 years of age or
14    if the violation is committed by an individual who is
15    required to register as a sex offender under the Sex
16    Offender Registration Act.
17    (e) For purposes of this Section:
18        (1) "Residence" includes a rental dwelling, but does
19    not include stairwells, corridors, laundry facilities, or
20    additional areas in which the general public has access.
21        (1.5) "Unmanned aerial vehicle" means an aircraft that
22    does not carry a human operator and that is capable of
23    flight under remote control or autonomous programming.
24    "Unmanned aerial vehicle" includes the following:
25            (A) an unmanned aircraft and an unmanned aircraft
26        system (both as defined in the Federal Aviation

 

 

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1        Administration Modernization and Reform Act of 2012
2        (P.L.112-95, 126 Stat. 6 11)); and
3            (B) a small unmanned aircraft and a small unmanned
4        aircraft system (both as defined in 14 CFR 107.3).
5        (2) "Video record" means and includes any videotape,
6    photograph, film, or other electronic or digital recording
7    of a still or moving visual image; and "live video" means
8    and includes any real-time or contemporaneous electronic
9    or digital transmission of a still or moving visual image.
10(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)