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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/26-3

    (720 ILCS 5/26-3) (from Ch. 38, par. 26-3)
    Sec. 26-3. Use of a facsimile machine in unsolicited advertising or fund-raising.
    (a) Definitions:
        (1) "Facsimile machine" means a device which is
    
capable of sending or receiving facsimiles of documents through connection with a telecommunications network.
        (2) "Person" means an individual, public or private
    
corporation, unit of government, partnership or unincorporated association.
    (b) A person commits use of a facsimile machine in unsolicited advertising or fund-raising when he or she knowingly uses a facsimile machine to send or cause to be sent to another person a facsimile of a document containing unsolicited advertising or fund-raising material, except to a person which the sender knows or under all of the circumstances reasonably believes has given the sender permission, either on a case by case or continuing basis, for the sending of the material.
    (c) Sentence. Any person who violates subsection (b) is guilty of a petty offense and shall be fined an amount not to exceed $500.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-4

    (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
    Sec. 26-4. Unauthorized video recording and live video transmission.
    (a) It is unlawful for any person to knowingly make a video record or transmit live video of 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 another person in that other person's residence without that person's consent.
    (a-6) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent when the recording or transmission is made outside that person's residence by use of an audio or video device that records or transmits from a remote location.
    (a-10) It is unlawful for any person to knowingly make a video record or transmit live video of 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-6), (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 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 by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections; and
        (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, and to which Article 14 of this Code applies.
    (d) Sentence.
        (1) A violation of subsection (a-10), (a-15), or
    
(a-20) is a Class A misdemeanor.
        (2) A violation of subsection (a), (a-5), or (a-6) 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-6),
    
(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.
    (e) For purposes of this Section:
        (1) "Residence" includes a rental dwelling, but does
    
not include stairwells, corridors, laundry facilities, or additional areas in which the general public has access.
        (2) "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. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)

720 ILCS 5/26-4.5

    (720 ILCS 5/26-4.5)
    Sec. 26-4.5. Consumer communications privacy.
    (a) For purposes of this Section, "communications company" means any person or organization which owns, controls, operates or manages any company which provides information or entertainment electronically to a household, including but not limited to a cable or community antenna television system.
    (b) It shall be unlawful for a communications company to:
        (1) install and use any equipment which would allow a
    
communications company to visually observe or listen to what is occurring in an individual subscriber's household without the knowledge or permission of the subscriber;
        (2) provide any person or public or private
    
organization with a list containing the name of a subscriber, unless the communications company gives notice thereof to the subscriber;
        (3) disclose the television viewing habits of any
    
individual subscriber without the subscriber's consent; or
        (4) install or maintain a home-protection scanning
    
device in a dwelling as part of a communication service without the express written consent of the occupant.
    (c) Sentence. A violation of this Section is a business offense, punishable by a fine not to exceed $10,000 for each violation.
    (d) Civil liability. Any person who has been injured by a violation of this Section may commence an action in the circuit court for damages against any communications company which has committed a violation. If the court awards damages, the plaintiff shall be awarded costs.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-5

    (720 ILCS 5/26-5)
    (This Section was renumbered as Section 48-1 by P.A. 97-1108.)
    Sec. 26-5. (Renumbered).
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11. Renumbered by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-6

    (720 ILCS 5/26-6)
    Sec. 26-6. Disorderly conduct at a funeral or memorial service.
    (a) The General Assembly finds and declares that due to the unique nature of funeral and memorial services and the heightened opportunity for extreme emotional distress on such occasions, the purpose of this Section is to protect the privacy and ability to mourn of grieving families directly before, during, and after a funeral or memorial service.
    (b) For purposes of this Section:
        (1) "Funeral" means the ceremonies, rituals,
    
processions, and memorial services held at a funeral site in connection with the burial, cremation, or memorial of a deceased person.
        (2) "Funeral site" means a church, synagogue, mosque,
    
funeral home, mortuary, cemetery, gravesite, mausoleum, or other place at which a funeral is conducted or is scheduled to be conducted within the next 30 minutes or has been conducted within the last 30 minutes.
    (c) A person commits the offense of disorderly conduct at a funeral or memorial service when he or she:
        (1) engages, with knowledge of the existence of a
    
funeral site, in any loud singing, playing of music, chanting, whistling, yelling, or noisemaking with, or without, noise amplification including, but not limited to, bullhorns, auto horns, and microphones within 300 feet of any ingress or egress of that funeral site, where the volume of such singing, music, chanting, whistling, yelling, or noisemaking is likely to be audible at and disturbing to the funeral site;
        (2) displays, with knowledge of the existence of a
    
funeral site and within 300 feet of any ingress or egress of that funeral site, any visual images that convey fighting words or actual or veiled threats against any other person; or
        (3) with knowledge of the existence of a funeral
    
site, knowingly obstructs, hinders, impedes, or blocks another person's entry to or exit from that funeral site or a facility containing that funeral site, except that the owner or occupant of property may take lawful actions to exclude others from that property.
    (d) Disorderly conduct at a funeral or memorial service is a Class C misdemeanor. A second or subsequent violation is a Class 4 felony.
    (e) If any clause, sentence, section, provision, or part of this Section or the application thereof to any person or circumstance is adjudged to be unconstitutional, the remainder of this Section or its application to persons or circumstances other than those to which it is held invalid, is not affected thereby.
(Source: P.A. 97-359, eff. 8-15-11.)

720 ILCS 5/26-7

    (720 ILCS 5/26-7)
    Sec. 26-7. Disorderly conduct with a laser or laser pointer.
    (a) Definitions. For the purposes of this Section:
        "Aircraft" means any contrivance now known or
    
hereafter invented, used, or designed for navigation of or flight in the air, but excluding parachutes.
        "Laser" means both of the following:
            (1) any device that utilizes the natural
        
oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;
            (2) any device designed or used to amplify
        
electromagnetic radiation by simulated emission that is visible to the human eye.
        "Laser pointer" means a hand-held device that emits
    
light amplified by the stimulated emission of radiation that is visible to the human eye.
        "Laser sight" means a laser pointer that can be
    
attached to a firearm and can be used to improve the accuracy of the firearm.
    (b) A person commits disorderly conduct with a laser or laser pointer when he or she intentionally or knowingly:
        (1) aims an operating laser pointer at a person he or
    
she knows or reasonably should know to be a peace officer; or
        (2) aims and discharges a laser or other device that
    
creates visible light into the cockpit of an aircraft that is in the process of taking off, landing, or is in flight.
    (c) Paragraph (2) of subsection (b) does not apply to the following individuals who aim and discharge a laser or other device at an aircraft:
        (1) an authorized individual in the conduct of
    
research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct this research and development or flight test operations; or
        (2) members or elements of the Department of Defense
    
or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.
    (d) Sentence. Disorderly conduct with a laser or laser pointer is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 26.5

 
    (720 ILCS 5/Art. 26.5 heading)
ARTICLE 26.5. HARASSING AND OBSCENE COMMUNICATIONS
(Source: P.A. 97-1108, eff. 1-1-13.)