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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 26-4 as follows:
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| 6 | (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
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| 7 | Sec. 26-4. Unauthorized video recording and live video | ||||||
| 8 | transmission
videotaping.
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| 9 | (a) It is unlawful for any person to knowingly make a video | ||||||
| 10 | record or transmit live video of
videotape, photograph, or
film
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| 11 | another person without that person's consent in a restroom, | ||||||
| 12 | tanning bed,
tanning salon, locker room, changing room, or | ||||||
| 13 | hotel bedroom.
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| 14 | (a-5) It is unlawful for any person to knowingly make a | ||||||
| 15 | video record or transmit live video of
and secretly videotape,
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| 16 | photograph, or film another person in that
the other person's | ||||||
| 17 | residence
without that person's consent.
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| 18 | (a-10) It is unlawful for any person, using a concealed | ||||||
| 19 | camcorder or
photographic
camera of any type, to knowingly make | ||||||
| 20 | a video record or transmit live video of
and secretly | ||||||
| 21 | videotape, photograph, or record
by
electronic means, another | ||||||
| 22 | person under or through the clothing worn by that
other person
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| 23 | for the purpose of viewing the body of or the undergarments | ||||||
| 24 | worn by that other
person
without that person's consent.
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| 25 | (a-15) It is unlawful for any person to place or cause to | ||||||
| 26 | be placed a device that makes a video record or transmits a | ||||||
| 27 | live video in a restroom, tanning bed, tanning salon, locker | ||||||
| 28 | room, changing room, or hotel bedroom with the intent to make a | ||||||
| 29 | video record or transmit live video of another person without | ||||||
| 30 | that person's consent. | ||||||
| 31 | (a-20) It is unlawful for any person to place or cause to | ||||||
| 32 | be placed a device that makes a video record or transmits a | ||||||
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| 1 | live video with the intent to make a video record or transmit | ||||||
| 2 | live video of another person in that other person's residence | ||||||
| 3 | without that person's consent. | ||||||
| 4 | (a-25) It is unlawful for any person to, by any means, | ||||||
| 5 | knowingly disseminate, or permit to be disseminated, a video | ||||||
| 6 | record or live video that he or she knows to have been made or | ||||||
| 7 | transmitted in violation of subsection (a), (a-5), (a-10), | ||||||
| 8 | (a-15), or (a-20).
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| 9 | (b) Exemptions. The following activities shall be exempt | ||||||
| 10 | from the
provisions of this Section:
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| 11 | (1) The making of a video record or transmission of | ||||||
| 12 | live video
Videotaping, photographing, and filming by law | ||||||
| 13 | enforcement
officers pursuant to a criminal investigation, | ||||||
| 14 | which is otherwise lawful;
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| 15 | (2) The making of a video record or transmission of | ||||||
| 16 | live video
Videotaping, photographing, and filming by | ||||||
| 17 | correctional officials
for security reasons or for | ||||||
| 18 | investigation of alleged misconduct involving a
person | ||||||
| 19 | committed to the Department of Corrections. | ||||||
| 20 | (3) The making of a video record or transmission of | ||||||
| 21 | live video in a locker room by a reporter or news medium, | ||||||
| 22 | as those terms are defined in Section 8-902 of the Code of | ||||||
| 23 | Civil Procedure, where the reporter or news medium has been | ||||||
| 24 | granted access to the locker room by an appropriate | ||||||
| 25 | authority for the purpose of conducting interviews.
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| 26 | (c) The provisions of this Section do not apply to any | ||||||
| 27 | sound recording
or transmission of an oral conversation made as | ||||||
| 28 | the result of the making of a video record or transmission of | ||||||
| 29 | live video
videotaping or filming,
and to which Article 14 of | ||||||
| 30 | this Code applies.
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| 31 | (d) Sentence.
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| 32 | (1) A violation of subsection (a), (a-5), or (a-10), | ||||||
| 33 | (a-15), or (a-20) is a
Class A
misdemeanor.
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| 34 | (2) A violation of subsection (a-5) is a Class 4 | ||||||
| 35 | felony.
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| 36 | (3) A violation of subsection (a-25) is a Class 3 | ||||||
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| 1 | felony. | ||||||
| 2 | (4) A violation of subsection (a), (a-5), (a-10), | ||||||
| 3 | (a-15), or (a-20) is a Class 3 felony if the victim is a | ||||||
| 4 | person under 18 years of age or if the violation is | ||||||
| 5 | committed by an individual who is required to register as a | ||||||
| 6 | sex offender under the Sex Offender Registration Act. | ||||||
| 7 | (5) A violation of subsection (a-25) is a Class 2 | ||||||
| 8 | felony if the victim is a person under 18 years of age or | ||||||
| 9 | if the violation is committed by an individual who is | ||||||
| 10 | required to register as a sex offender under the Sex | ||||||
| 11 | Offender Registration Act.
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| 12 | (2) A person who, by any means, knowingly disseminates | ||||||
| 13 | or permits the
dissemination to another person of a | ||||||
| 14 | videotape, photograph, or film in
violation of subsection | ||||||
| 15 | (a), (a-5), or (a-10) is guilty of a
Class 4 felony. | ||||||
| 16 | (e) For purposes of this Section, "video record" means and | ||||||
| 17 | includes any videotape, photograph, film, or other electronic | ||||||
| 18 | or digital recording of a still or moving visual image; and | ||||||
| 19 | "live video" means and includes any real-time or | ||||||
| 20 | contemporaneous electronic or digital transmission of a still | ||||||
| 21 | or moving visual image.
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| 22 | (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)
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