Unauthorized Video and Live Transmission Crimes in Southern Illinois
States have long prosecuted people who look through others’ windows. The evolution of technology has created new ways of watching people, including recording or transmitting video from cameras planted in homes, public restrooms, or other places that might result in compromising images.
Many states, including Illinois, prohibit these activities. Even if the video does not include any nudity or lewd images, the existence of the video itself can still constitute a conviction that carries severe penalties.
Statutes Related to Unauthorized Video and Live Transmission in Illinois
The Illinois General Statutes include several laws that prosecutors can use in spying cases, including the following:
Unauthorized Video and Live Transmission Statute
The Illinois Unauthorized Video and Live Transmission Statute prohibits gathering or transmitting video without the other person’s consent. First, the statute prohibits anyone from knowingly recording or transmitting video from any of the following locations:
- Hotel bedroom
- Tanning salon or bed
- Restroom
- Locker room
- Changing room
Second, the state prohibits knowingly making or transmitting live video from inside another person’s residence. This video does not need to occur inside a particular location or contain any specific images to be illegal. Merely spying on the other person can be enough if it happens in their residence.
The law also prohibits making or transmitting a video of a person inside to a remote location outside the residence. This section plugs a hole in the statute where the camera transmits to video equipment outside the home.
Additional Restrictions
Illinois bars anyone from making or transmitting live video of another person’s intimate parts or underwear without their consent as well. The statute defines “intimate parts” to include the genitals, anus, nipple, or pubic area when they are unclothed, partially clothed, or covered by transparent clothing.
Next, the law prohibits placing a camera in any of the prohibited locations with the intent to violate the statute. Thus, putting a camera in a store changing room is illegal, even if the camera is discovered before it captures any images.
Likewise, the law prohibits you from placing or asking someone to place a camera in another person’s residence. This portion of the law is not limited to any particular location or type of content. You can violate this provision by placing a camera in the kitchen of the home.
Finally, the law prohibits anyone from transmitting or disseminating a video that violates the law. Thus, posting a “toilet cam” video online is illegal if you know that it was captured without consent, even if you did not make it.
Under this law, residences include rental properties. Thus, a landlord cannot place a camera inside a rental unit. However, landlords or property managers can place cameras in common areas, such as staircases or laundry rooms.
Eavesdropping Statute
Illinois also prohibits eavesdropping. The unauthorized video and live transmission statute defines “video record” to include still and moving visual images. The law does not cover sound recordings.
As a result, Illinois has a separate eavesdropping statute that prohibits anyone from using a device to listen to or intercept a private conversation, including conversations over the telephone or other electronic devices. The statute also covers law enforcement officers acting without authorization and private individuals.
Revenge Porn Statute
Illinois law prohibits the posting of graphic videos on pornography sites under some circumstances. Some video posts are always illegal, such as child pornography. However, posting adult obscenity or videos of children under 18 can also lead to criminal charges if you do not have the person’s permission.
Additionally, Illinois has a specific revenge porn law that prohibits the dissemination of sexual videos, even if the accused had permission to capture them. To fall under the statute, the accused must have known or reasonably should have known that the images were private or meant to be kept private and that they did not have the victim’s permission to disseminate them.
Disorderly Conduct
Illinois has an old-fashioned peeping Tom law to cover anyone who invades someone else’s privacy without using electronic devices. Under the state’s disorderly conduct law, you cannot enter another person’s property and look into a dwelling for a lewd or unlawful purpose.
Defenses Against Unauthorized Video Charges in Southern Illinois
If you are charged with unauthorized video and live transmission or other offenses related to an invasion of privacy, we may be able to use a number of criminal defense strategies on your behalf, including the following:
Statutory Exception
The statute excludes law enforcement and correctional officers from its scope. These professionals are allowed to collect and disseminate images during investigations without violating the unauthorized video and live transmission statute.
However, this exclusion does not provide blanket immunity. The defense may not apply if the images were unrelated to an investigation.
Consent
Consent may be a defense to voyeurism, unauthorized video and live transmission, and revenge porn charges. If the alleged victim knows they are being recorded and consents to recording and transmitting the video, our attorneys can argue that no crime occurred.
For example, a common scenario involving these charges occurs when someone performs on video, then regrets it after the accused posts it publicly. This dispute might lead to a civil lawsuit, but as long as the videographer documented the performer’s consent, we may have a defense against criminal charges.
Illegal Search
The police usually need a warrant or your permission to search your property or electronic devices. If they gathered evidence against you in an illegal search under the Constitution’s Fourth Amendment, our attorneys may be able to have the evidence suppressed. This means the prosecutors cannot use the evidence against you at trial.
Lack of Intent
You might have lacked the requisite intent to violate Illinois law. The law requires you to knowingly make or transmit video data. If you did not know that the camera was recording or streaming, we might be able to leverage this in your defense.
Similarly, suppose that you set up a security camera in a home you shared with roommates. If the camera in a shared area of the house, such as the patio, captures one of your roommates in a state of undress, you might have a defense because that was not the purpose of the camera.
