Public Act 093-0851
 
HB4275 Enrolled LRB093 17716 RLC 43395 b

    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 video recording and live video
transmission videotaping.
    (a) It is unlawful for any person to knowingly make a video
record or transmit live video of videotape, photograph, or film
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 and secretly videotape,
photograph, or film another person in that 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 make
a video record or transmit live video of 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.
    (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-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 Videotaping, photographing, and filming 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 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.
        (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 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),
    (a-15), or (a-20) is a Class A misdemeanor.
        (2) A violation of subsection (a-5) 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-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.
        (2) A person who, by any means, knowingly disseminates
    or permits the dissemination to another person of a
    videotape, photograph, or film in violation of subsection
    (a), (a-5), or (a-10) is guilty of a Class 4 felony.
    (e) For purposes of this Section, "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. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)

Effective Date: 1/1/2005