Full Text of SB2149 093rd General Assembly
SB2149 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2149
Introduced 1/14/2004, by Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/26-4 |
from Ch. 38, par. 26-4 |
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Amends the Criminal Code of 1961. Prohibits a person from knowingly and secretly videotaping, photographing, or filming a family member naked, in the person's or family member's residence without the family member's consent.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2149 |
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LRB093 14557 RLC 43247 b |
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| AN ACT in relation to 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 | 5 |
| 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 videotaping.
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| (a) It is unlawful for any person to knowingly videotape, | 9 |
| photograph, or
film
another person without that person's | 10 |
| consent in a restroom, tanning bed,
tanning salon, locker room, | 11 |
| changing room, or hotel bedroom.
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| (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 |
| including knowingly and secretly videotaping, photographing, | 16 |
| or filming a family member naked, in the person's or family | 17 |
| member's residence without the family member's consent .
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| (a-10) It is unlawful for any person, using a concealed | 19 |
| camcorder or
photographic
camera of any type, to knowingly and | 20 |
| secretly videotape, photograph, or record
by
electronic means, | 21 |
| another person under or through the clothing worn by that
other | 22 |
| person
for the purpose of viewing the body of or the | 23 |
| undergarments worn by that other
person
without that person's | 24 |
| consent.
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| (b) Exemptions. The following activities shall be exempt | 26 |
| from the
provisions of this Section:
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| (1) Videotaping, photographing, and filming by law | 28 |
| enforcement
officers pursuant to a criminal investigation, | 29 |
| which is otherwise lawful;
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| (2) Videotaping, photographing, and filming by | 31 |
| correctional officials
for security reasons or for | 32 |
| investigation of alleged misconduct involving a
person |
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SB2149 |
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LRB093 14557 RLC 43247 b |
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| committed to the Department of Corrections.
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| (c) The provisions of this Section do not apply to any | 3 |
| sound recording
of an oral conversation made as the result of | 4 |
| the videotaping or filming,
and to which Article 14 of this | 5 |
| Code applies.
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| (d) Sentence.
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| (1) A violation of subsection (a), (a-5), or (a-10) is | 8 |
| a
Class A
misdemeanor.
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| (2) A person who, by any means, knowingly disseminates | 10 |
| or permits the
dissemination to another person of a | 11 |
| videotape, photograph, or film in
violation of subsection | 12 |
| (a), (a-5), or (a-10) is guilty of a
Class 4 felony. | 13 |
| (e) For the purposes of this Section, "family member" has | 14 |
| the meaning ascribed to it in Section 12-12 of this Code; and | 15 |
| "naked" means a pose, posture, or setting which exhibits male | 16 |
| or female genitals, pubic area, female breasts with less than a | 17 |
| full opaque covering the nipples thereof, human male genitals | 18 |
| in a discernibly turgid state even if completely and opaquely | 19 |
| covered, or that portion of the buttocks which would be covered | 20 |
| by a properly worn "thong" type bikini bottom.
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| (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)
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