93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2149


 
Introduced 1/14/2004, by Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Criminal Code of 1961.  Prohibits a person from knowingly and secretly videotaping, photographing, or filming a family member naked, in the person's or family member's residence without the family member's consent.



















LRB093 14557 RLC 43247 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














SB2149

LRB093 14557 RLC 43247 b









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    AN ACT in relation to criminal law.

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


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



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



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    Sec. 26-4. Unauthorized videotaping. 

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    (a) It is unlawful for any person to knowingly videotape, 
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photograph, or
film
another person without that person's 
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consent in a restroom, tanning bed,
tanning salon, locker room, 
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changing room, or hotel bedroom.

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    (a-5) It is unlawful for any person to knowingly and 
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secretly videotape,
photograph, or film another person in the 
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other person's residence
without that person's consent, 
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including knowingly and secretly videotaping, photographing, 
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or filming a family member naked, in the person's or family 
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member's residence without the family member's consent.

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    (a-10) It is unlawful for any person, using a concealed 
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camcorder or
photographic
camera of any type, to knowingly and 
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secretly videotape, photograph, or record
by
electronic means, 
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another person under or through the clothing worn by that
other 
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person
for the purpose of viewing the body of or the 
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undergarments worn by that other
person
without that person's 
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consent.

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


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


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        (2) Videotaping, photographing, and filming by 
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    correctional officials
for security reasons or for 
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    investigation of alleged misconduct involving a
person 
 


 









SB2149
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LRB093 14557 RLC 43247 b







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    committed to the Department of Corrections.

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

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    (d) Sentence.


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        (1) A violation of subsection (a), (a-5), or (a-10) is 
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    a
Class A
misdemeanor.


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        (2) A person who, by any means, knowingly disseminates 
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    or permits the
dissemination to another person of a 
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    videotape, photograph, or film in
violation of subsection 
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    (a), (a-5), or (a-10) is guilty of a
Class 4 felony.
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    (e) For the purposes of this Section, "family member" has 
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    the meaning ascribed to it in Section 12-12 of this Code; and 
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    "naked" means a pose, posture, or setting which exhibits male 
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    or female genitals,  pubic area, female breasts with less than a 
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    full opaque covering the nipples thereof, human male genitals 
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    in a discernibly turgid state even if completely and opaquely 
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    covered, or that portion of the buttocks which would be covered 
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    by a properly worn "thong" type bikini bottom.


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