State of Illinois
92nd General Assembly
Legislation

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92_SB1297eng

 
SB1297 Engrossed                               LRB9208195ARsb

 1        AN ACT concerning criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 26-4 as follows:

 6        (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
 7        Sec. 26-4. Unauthorized videotaping.
 8        (a)  It  is  unlawful  for  any   person   to   knowingly
 9    videotape,  photograph,  or  film another person without that
10    person's consent in a restroom, tanning bed,  tanning  salon,
11    locker room, changing room, or hotel bedroom.
12        (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        (a-10)  It is unlawful for any person, using a  concealed
16    camcorder  or  photographic  camera of any type, to knowingly
17    and secretly videotape, photograph, or record  by  electronic
18    means,  another  person under or through the clothing worn by
19    that other person for the purpose of viewing the body  of  or
20    the  undergarments  worn  by  that  other person without that
21    person's consent.
22        (b)  Exemptions.   The  following  activities  shall   be
23    exempt from the provisions of this Section:
24             (1)  Videotaping,  photographing, and filming by law
25        enforcement   officers    pursuant    to    a    criminal
26        investigation, which is otherwise lawful;
27             (2)  Videotaping,   photographing,  and  filming  by
28        correctional  officials  for  security  reasons  or   for
29        investigation  of  alleged  misconduct involving a person
30        committed to the Department of Corrections.
31        (c)  The provisions of this Section do not apply  to  any
 
SB1297 Engrossed            -2-                LRB9208195ARsb
 1    sound recording of an oral conversation made as the result of
 2    the  videotaping  or filming, and to which Article 14 of this
 3    Code applies.
 4        (d)  Sentence.
 5             (1)  A violation of subsection  (a),  or  (a-5),  or
 6        (a-10) is a Class A misdemeanor.
 7             (2)  A   person   who,   by   any  means,  knowingly
 8        disseminates or  permits  the  dissemination  to  another
 9        person  of  a videotape, photograph, or film in violation
10        of subsection (a), or (a-5), or (a-10)  is  guilty  of  a
11        Class 4 felony.
12    (Source: P.A. 91-910, eff. 1-1-01.)

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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