Bill Text: IL HB4173 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Criminal Code of 1961. Provides that it is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent when the recording or transmission is made outside that person's residence by use of an audio or video device that records or transmits from a remote location. Establishes penalties and exemptions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2009-08-13 - Public Act . . . . . . . . . 96-0416 [HB4173 Detail]

Download: Illinois-2009-HB4173-Engrossed.html

---

HB4173 Engrossed LRB096 02000 RLC 12011 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.
(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 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 that
other person's residence without that person's consent when the
recording or transmission is made outside that person's
residence by use of an audio or video device that records or
transmits from a remote location.
(a-10) It is unlawful for any person to knowingly make a
video record or transmit live video of another person under or

HB4173 Engrossed - 2 - LRB096 02000 RLC 12011 b
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-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;
(2) The making of a video record or transmission of
live video by correctional officials for security reasons

HB4173 Engrossed - 3 - LRB096 02000 RLC 12011 b
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, 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 A misdemeanor.
(2) A violation of subsection (a), or (a-5), or (a-6)
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-6),
(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

HB4173 Engrossed - 4 - LRB096 02000 RLC 12011 b
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) "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. 95-178, eff. 8-14-07; 95-265, eff. 1-1-08;
95-876, eff. 8-21-08.)