720 ILCS 5/26-4 – Unauthorized Video Recording and Live Video Transmission
This law makes it illegal to record or livestream someone without their permission in private places or for inappropriate reasons.
This law protects people’s privacy by banning the secret recording or sharing of videos of others in places like bathrooms, bedrooms, or homes, or where their private body parts might be seen without permission.
(a) It is illegal to knowingly record or livestream someone without their permission in private places such as restrooms, tanning beds, locker rooms, changing rooms, or hotel bedrooms.
(a-5) It is illegal to record or livestream someone without their permission inside that person’s home.
(a-6) It is also illegal to record or livestream someone inside their home using a remote camera or device placed outside the home, if the person inside did not agree to it.
(a-10) It is illegal to record or livestream someone’s private body parts or undergarments without their permission. “Private body parts” means any unclothed or see-through covered genitals, buttocks, or (for females) exposed or see-through nipples.
(a-15) It is illegal to place or set up a hidden camera in a restroom, tanning bed, salon, locker room, changing room, or hotel bedroom if you plan to secretly record or livestream someone there without their permission.
(a-20) It is illegal to set up a recording device with the plan to secretly record or livestream someone inside their home without their permission.
(a-25) It is illegal to share, post, or allow others to share videos that were made or livestreamed in violation of any of the rules above.
(b) Some people are allowed to make recordings under this law. These include:
- Police officers recording as part of a legal criminal investigation.
- Prison or jail staff making recordings for security or investigation reasons.
- Reporters or news media recording in locker rooms if they have official permission to do so for interviews.
(c) This law does not apply to sound recordings from video recordings that are already covered by another law about recording conversations.
(d) Sentence:
- Sentence: Breaking subsection (a-15) or (a-20) is a Class A misdemeanor.
- Sentence: Breaking subsection (a), (a-5), (a-6), or (a-10) is a Class 4 felony.
- Sentence: Breaking subsection (a-25) is a Class 3 felony.
- Sentence: If the victim is under 18 or the offender must register as a sex offender, breaking subsection (a), (a-5), (a-6), (a-10), (a-15), or (a-20) becomes a Class 3 felony.
- Sentence: If the victim is under 18 or the offender must register as a sex offender, breaking subsection (a-25) becomes a Class 2 felony.
(e) Definitions:
- “Residence” includes rental homes but not public areas like hallways, laundry rooms, or stairwells.
- “Video record” means any video, photo, film, or digital image, and “live video” means any real-time or live digital video transmission.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
