HB4275 93RD GENERAL ASSEMBLY

LRB093 17716 RLC 43395 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4275

Introduced 1/30/2004, by John J. Millner

SYNOPSIS AS INTRODUCED:

720 ILCS 5/26-4

from Ch. 38, par. 26-4

Amends the Criminal Code of 1961 relating to unauthorized videotaping. Provides that it is unlawful for any person to knowingly videotape, photograph, or film another person or observe any videotape, photography, recording, or film of another person, without that person's consent if the videotaping, recording, or filming takes place in the following places which include, but are not limited to, a restroom, tanning bed, tanning salon, locker room, changing room, dormitory room or suite, hotel bedroom, or other private place. Increases the penalties for the offense.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

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

(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)

Sec. 26-4. Unauthorized electronic videotaping, recording, and voyeurism.

(a) It is unlawful for any person to knowingly videotape, photograph, or film another person or observe any videotape, photography, recording, or film of another person, without that person's consent if the videotaping, recording, or filming takes place in the following places which include, but are not limited to, in a restroom, tanning bed, tanning salon, locker room, changing room, dormitory room or suite, or hotel bedroom, or other private place. For the purposes of this subsection (a), "private place" means a place where one has a reasonable expectation of privacy. "Private place" includes a place where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group of the public has access. For the purposes of this subsection (a) the expectation of privacy explicitly extends to one's own dwelling or home. This expectation of privacy does not extend to the dwelling or home of another.

(a-5) It is unlawful for any person to knowingly and secretly videotape, photograph, record, or film another person in the other person's residence without that person's consent.

(a-10) It is unlawful for any person, using a concealed camcorder or photographic camera of any type, to knowingly and secretly videotape, photograph, or record by electronic means, 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.

(b) Exemptions. The following activities shall be exempt from the provisions of this Section:

(1) Videotaping, photographing, recording, and filming by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;

(2) Videotaping, photographing, and filming by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections.

(c) The provisions of this Section do not apply to any sound recording of an oral conversation made as the result of the videotaping or filming, and to which Article 14 of this Code applies.

(d) Sentence.

(1) A violation of subsection (a), (a-5), or (a-10) is a Class 4 felony. A violation of subsection (a), (a-5), or (a-10) is a Class 3 felony if the victim is a person under 18 years of age. A violation of subsection (a), (a-5), or (a-10) is a Class 3 felony if the violation is committed by a registered sex offender under the Sex Offender Registration Act or convicted sex offender who has failed to lawfully register as a sex offender. A violation of subsection (a), (a-5), or (a-10) is a Class 2 felony if the victim is under 18 years of age and the violation is committed by a registered sex offender or convicted sex offender who has failed to lawfully register as a sex offender under the Sex Offender Registration Act. A misdemeanor.

(2) A person who, by any means, knowingly disseminates or permits the dissemination to another person of a videotape, photograph, or film, or other recording in violation of subsection (a), (a-5), or (a-10) is guilty of a Class 3 4 felony. A person who, by any means, knowingly disseminates or permits the dissemination to another person of a videotape, photograph, film, or other recording in violation of subsection (a), (a-5), or (a-10) is guilty of a Class 2 felony if the victim is under 18 years of age.

(Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)