Bill Text: IL HB2971 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012 concerning unauthorized video recording and live video transmission. Provides that a person also commits the offense when he or she knowingly makes a video record or transmits live video of another person in a residential dwelling (rather than that other person's residence) without that person's consent. Provides that if the defendant at the time of the commission of the offense was 18 years of age or over, the penalty is one class higher than if the offense was committed by a person under 18 years of age.

Spectrum: Bipartisan Bill

Status: (Failed) 2014-12-03 - Session Sine Die [HB2971 Detail]

Download: Illinois-2013-HB2971-Engrossed.html

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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 2012 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.
(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 a
residential dwelling 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 a
residential dwelling that other person's residence without
that person's consent when the recording or transmission is
made outside a residential dwelling that person's residence by
use of an audio or video device that records or transmits from
a remote location.

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(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 a residential dwelling 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;

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(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 4 felony A misdemeanor.
(2) A violation of subsection (a), (a-5), or (a-6) is a
Class 3 4 felony.
(3) A violation of subsection (a-25) is a Class 2 3
felony.
(4) A violation of subsection (a), (a-5), (a-6),
(a-10), (a-15) or (a-20) is a Class 2 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

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Registration Act.
(5) A violation of subsection (a-25) is a Class 1 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) "Residential dwelling" "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.)