Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CRIMINAL OFFENSES720 ILCS 5/14-3B
(720 ILCS 5/) Criminal Code of 2012.
(720 ILCS 5/14-3B)
Notice of interception or recording.
(a) Within a reasonable time, but not later than 60 days after the
termination of the investigation for which the interception or recording was
conducted, or immediately upon the initiation of
criminal proceedings, the person who was the subject of an interception or
recording under subsection (g) of Section 14-3 shall be served with an
inventory that shall include:
(1) Notice to any person who was the subject of the
interception or recording;
(2) Notice of any interception or recording if the
defendant was arrested or indicted or otherwise charged as a result of the interception of his or her private oral communication;
(3) The date of the interception or recording;
(4) The period of interception or recording; and
(5) Notice of whether during the period of
interception or recording devices were or were not used to overhear and record various conversations and whether or not the conversations are recorded.
(b) A court of competent jurisdiction, upon filing of a motion, may in its
discretion make available to those persons or their attorneys for inspection
those portions of the intercepted communications as the court determines to be
in the interest of justice.
(Source: P.A. 88-677, eff. 12-15-94.)
720 ILCS 5/14-4
(720 ILCS 5/14-4)
(from Ch. 38, par. 14-4)
(a) Eavesdropping, for a first offense, is a Class 4 felony and, for a
second or subsequent offense, is a Class 3 felony.
(b) The eavesdropping of an oral conversation or an electronic
communication of any law enforcement officer, State's Attorney, Assistant
State's Attorney, the Attorney General, Assistant Attorney General, or a judge,
while in the performance of his or her official duties, if not authorized by
this Article or proper court order, is a Class 3 felony, and for a second or subsequent offense, is a Class 2 felony.
(Source: P.A. 98-1142, eff. 12-30-14.)
720 ILCS 5/14-5
(720 ILCS 5/14-5)
(from Ch. 38, par. 14-5)
Any evidence obtained in violation of this Article is not admissible in
any civil or criminal trial, or any administrative or legislative inquiry
or proceeding, nor in any grand jury proceedings; provided, however, that
so much of the contents of an alleged unlawfully intercepted, overheard or
recorded conversation as is clearly relevant, as determined as a matter of
law by the court in chambers, to the proof of such allegation may be
admitted into evidence in any criminal trial or grand jury proceeding
brought against any person charged with violating any provision of this
Article. Nothing in this Section bars admission of evidence if all parties to the private conversation or private electronic communication consent to admission of the evidence.
(Source: P.A. 98-1142, eff. 12-30-14.)
720 ILCS 5/14-6
(720 ILCS 5/14-6)
(from Ch. 38, par. 14-6)
remedies to injured parties.
(1) Any or all parties to any conversation or electronic communication upon which eavesdropping is
practiced contrary to this Article shall be entitled to the following
(a) To an injunction by the circuit court prohibiting
further eavesdropping by the eavesdropper and by or on behalf of his principal, or either;
(b) To all actual damages against the eavesdropper or
(c) To any punitive damages which may be awarded by
(d) To all actual damages against any landlord, owner
or building operator, or any common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned;
(e) To any punitive damages which may be awarded by
the court or by a jury against any landlord, owner or building operator, or common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned.
(2) No cause of action shall lie in any court against any common
carrier by wire or its officers, agents or employees for providing
information, assistance or facilities in accordance with the terms of a
court order entered under Article 108A of the Code of Criminal Procedure of 1963.
(3) No civil claim, cause of action, or remedy shall lie against a parent, step-parent, guardian, or grandparent for eavesdropping of electronic communications through access to their minor's electronic accounts during that parent, step-parent, guardian, or grandparent's exercise of his or her parental rights to supervise, monitor, and control the activities of a minor in his or her care, custody, or control. This provision does not diminish the protections given to electronic accounts of a minor under any existing law other than this Article.
(Source: P.A. 98-268, eff. 1-1-14.)
720 ILCS 5/14-7
(720 ILCS 5/14-7)
(from Ch. 38, par. 14-7)
carrier to aid in detection.
Subject to regulation by the Illinois Commerce Commission, any common
carrier by wire shall, upon request of any subscriber and upon responsible
offer to pay the reasonable cost thereof, furnish whatever services may be
within its command for the purpose of detecting any eavesdropping involving
its wires which are used by said subscriber. All such requests by
subscribers shall be kept confidential unless divulgence is authorized in
writing by the requesting subscriber.
(Source: Laws 1961, p. 1983.)
720 ILCS 5/14-8
(720 ILCS 5/14-8)
(from Ch. 38, par. 14-8)
Discovery of eavesdropping device by an individual,
common carrier, private investigative agency or non-governmental
corporation). Any agent, officer or employee of a private investigative
agency or non-governmental corporation, or of a common carrier by wire,
or any individual, who discovers any physical evidence of an
eavesdropping device being used which such person does not know to be a
legal eavesdropping device shall, within a reasonable time after such
discovery disclose the existence of such eavesdropping device to the
State's Attorney of the county where such device was found. The State's
Attorney shall within a reasonable time notify the person or persons
apparently being eavesdropped upon of the existence of that device if
the device is illegal. A violation of this Section is a Business
Offense for which a fine shall be imposed not to exceed $500.
(Source: P.A. 79-984; 79-1454.)
720 ILCS 5/14-9
(720 ILCS 5/14-9)
(from Ch. 38, par. 14-9)
Discovery of eavesdropping device by common carrier by wire
- disclosure to subscriber.) Any agent, officer or employee of any common
carrier by wire who discovers any physical evidence of an eavesdropping
device which such person does not know to be a legal eavesdropping device
shall, within a reasonable time after such discovery, disclose the existence
of the eavesdropping device to the State's Attorney of the County where
such device was found. The State's Attorney shall within a reasonable time
notify the person or persons apparently being eavesdropped upon of the existence
of that device if the device is illegal. A violation of this Section is
a Business Offense for which a fine shall be imposed not to exceed $500.
(Source: P.A. 79-985.)
720 ILCS 5/Tit. III Pt. C
(720 ILCS 5/Tit. III Pt. C heading)
OFFENSES DIRECTED AGAINST PROPERTY
720 ILCS 5/Art. 15
(720 ILCS 5/Art. 15 heading)