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Unlawful Videotaping

UNLAWFUL VIDEOTAPING

CHICAGO CRIMINAL DEFENSE LAWYER

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CHICAGO, IL UNLAWFUL VIDEOTAPING DEFENSE

The relevant law can be seen at 720 ILCS 5/26-4

https://www.ilga.gov/legislation/ilcs/documents/072000050K26-4.htm

 

Definitions and Penalties: 

 

When you intentionally make a video recording (including a photograph) or transmit live video of someone else (including stills of a video) without their consent in one of the following places: 


  • a restroom, 
  • a tanning bed or salon, or
  • a locker or changing room, or
  • in a hotel bedroom.
  • It is also a crime to intentionally distribute or allow to be distributed, any recording or video you knew was made or recorded in violation in such a place. This is a Class 4 felony with a sentence for a first offense between one and three years of incarceration with between three and six years for subsequent offenses. An extended sentence of three to six years is also possible. Thirty months of probation can be an alternative here. These sentences also carry a possible $25,000 fine.
  • It is a Class 3 felony with a sentence of two to five years imprisonment (five to ten years if an extended term sentence) and a possible $25,000 fine if the victim is under eighteen years of age or if you are a sex offender under the Sex Offender Registration Act. Thirty months of probation can also be available here instead of incarceration.
  • Distributing such a video is a Class 2 felony (with a sentence of three to seven years imprisonment and seven to fourteen years if an extended term sentence is imposed), and a $25,000 fine are all possible if your victim was under eighteen years of age or if you are a sex offender. Four years of probation may also be possible here.
  •  When you intentionally make a video recording or transmit live video of someone else in their home (outside areas in rental units requiring public access like stairwells or halls or laundry rooms) without their consent. It is also a crime to intentionally distribute, or allow to be distributed, any such recording or video you knew was made or recorded in violation in such a place. This counts as a Class 4 felony with a sentence for a first offense between one and three years of incarceration and three and six years for an extended sentence. Thirty months of probation is also possible here.
  • It is a Class 3 felony with a two-to-five-year sentence (five to ten years if an extended term) if the victim is under eighteen years of age or if you are a sex offender under the Sex Offender Registration Act. Thirty months of probation is also possible here. This sentence here also carries a possible $25,000 fine. 
  •  Distributing such a video is a Class 2 felony (three to seven years of incarceration and seven to fourteen years if an extended term) or a $25,000 fine if your victim was under eighteen years of age or if you are a sex offender. Four years of probation is also possible here.
  •  When you intentionally make a video recording or transmit live video of someone else in their home without their consent by putting a device to do so outside their home (outside areas in rental units requiring public access like stairwells or halls or laundry rooms), it is also a crime to intentionally distribute, or allow to be distributed, any recording or video you knew was made or recorded in violation in such a place. This is a Class 4 felony with a sentence for a first offense between one and three years of incarceration and three and 6 six years for extended sentence, and a possible $25.000 fine. This offense is a Class 3 felony with a sentence of two to five years (five to ten years for extended sentence) and a $25.000 fine if the victim is less than eighteen years of age or if you are a registered sex offender under the Sex Offender Registration Act. Distributing such a video is a Class 2 felony (three to seven years imprisonment, and seven to fourteen years if an extended term) or a $25,000 fine if your victim was under eighteen years of age or if you are a sex offender. Four years of probation is also possible here.
  •  When you intentionally make a video recording or transmit live video of someone else under their clothing without their consent, it is a Class A misdemeanor. Distributing such a video is a Class 2 felony with a prison sentence of three to seven years (and seven to fourteen years if an extended term) or a $25,000 fine if your victim was under eighteen years of age or if you are a sex offender. Four years of probation is also possible here.
  •  It is illegal to put or to cause to be put a machine that making 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. This is a Class A misdemeanor punishable by up to 364 days in jail and a fine of up to $2500.  Probation may be possible for two years.
  •  Distributing such a video is a Class 2 felony (three to seven years and seven to fourteen years if an extended term) or a $25,000 fine if your victim was under eighteen years of age or if you are a sex offender. Four years of probation is also possible here.
  • It is unlawful for any person to put or to be caused to be put a machine 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 (excluding public areas such as stairwells, hallways, or laundry rooms) without that person's consent. This is a Class A misdemeanor with a sentence of up to 364 days in jail and a fine of up to $2500. A probation period of two years is also possible here.
  • Distributing such a video is a Class 3 felony with a sentence of two to five years (five to ten years for extended sentence) with thirty months and a $25.000 fine also possible. It is a Class 2 felony (three to seven years and seven to fourteen years if an extended term) or four years of probation, and a possible $25,000 fine if the victim is under eighteen years of age or if you are already a sex offender under the Sex Offender Registration Act 

 Exemptions:

  • The above rules do not apply to:
  • Law enforcement officers working as part of an authorized criminal investigation.
  • Prison officials recording for security reasons or to investigate prisoner misconduct.
  • Reporters or other media personnel authorized to be in a locker room and conduct interviews.
  • The provisions of this Section do not apply to any audio recording or audio transmission of a conversation made as part of making of a video record or transmission of live video, and to which Article 14 on Eavesdropping (see above) of this Code applies. 


How we can defend you against a charge of unlawful videotaping

  • We might attempt to show you did not do it (someone else did), that it was a case of mistaken identity.
  • If it was your machine being used another to videotape, we might claim you did not give your machine to someone else knowing they would do it even if the machine was traced to you.
  • We might claim it was not your intention to record someone else and violate their privacy; you had another reason for doing that video recording that was legal.
  • We may claim it was a case of mistaken identity (someone else did it).
  • We might show you had their consent or had good reason to think you had it.
  • We can file “motions to suppress” relevant evidence that you were there if that was wrongfully obtained against your rights or someone else’s or if it is questionable, thereby making it inadmissible and thereby clearing you or by minimizing the prosecution’s case so they concede or negotiate. 
  • If such evidence is admitted, we can argue at trial that the evidence or testimony is incorrect or fabricated against you and therefore should give the jurors a reasonable doubt. 


Prosecutors do not like to waste taxpayer's money on expensive public trials; we can possibly wrap things up in pretrial phase or if not, start negotiating from there for lesser charges and sentences for you. This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and tens of thousands of fines and/or foregone income. It is worth it, and you deserve a good defense,


Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.

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