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Illinois General Assembly· SB 4038Governor Approved

UNAUTHORIZE VIDEO-PHOTO-COURT, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB4038 Enrolled                     LRB104 19814 RLC 33264 b

1   AN ACT concerning criminal law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Criminal Code of 2012 is amended by

5 changing Section 26-4 as follows:

6   (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)

7   Sec. 26-4. Unauthorized video recording and live video

8 transmission.

9   (a) It is unlawful for any person to knowingly make a video

10 record or transmit live video of another person without that

11 person's consent in a restroom, tanning bed, tanning salon,

12 locker room, changing room, or hotel bedroom.

13  (a-4) It is unlawful for any person to knowingly make a

14 video record, transmit live video of, or place or cause to be

15 placed a device that makes a video record or transmits live

16 video of another person whom the person knows to be a victim or

17 witness in any location inside of a State courthouse without

18 that person's consent or consent of the presiding judge, or

19 consent of an entity responsible for providing law enforcement

20 or security for a courthouse, provided that consent is

21 consistent with any order issued by the Supreme Court or the

22 presiding judge. An individual's consent to be recorded does

23 not supersede a judicial order prohibiting video recording.
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1 This subsection does not apply to video captured by the

2 courthouse security cameras or body cameras worn by law

3 enforcement officers. Nothing in this subsection shall be

4 construed to circumvent the provisions of the Open Meetings

5 Act.

6   (a-5) It is unlawful for any person to knowingly make a

7 video record or transmit live video of another person in that

8 other person's residence without that person's consent.

9   (a-6) It is unlawful for any person to knowingly make a

10 video record or transmit live video of another person in that

11 other person's residence without that person's consent when

12 the recording or transmission is taken or made outside that

13 person's residence by use of an audio or video device that

14 records or transmits from a remote location.

15  (a-10) It is unlawful for any person to knowingly make a

16 video record or transmit live video of another person's

17 intimate parts for the purpose of viewing the body of or the

18 undergarments worn by that other person without that person's

19 consent. For the purposes of this subsection (a-10), "intimate

20 parts" means the fully unclothed, partially unclothed, or

21 transparently clothed genitals, pubic area, anus, or if the

22 person is female, a partially or fully exposed nipple,

23 including exposure through transparent clothing.

24  (a-15) It is unlawful for any person to place or cause to

25 be placed a device that makes a video record or transmits a

26 live video in a restroom, tanning bed, tanning salon, locker
    SB4038 Enrolled       -3-            LRB104 19814 RLC 33264 b

1 room, changing room, or hotel bedroom with the intent to make a

2 video record or transmit live video of another person without

3 that person's consent.

4   (a-20) It is unlawful for any person to place or cause to

5 be placed a device that makes a video record or transmits a

6 live video with the intent to make a video record or transmit

7 live video of another person in that other person's residence

8 without that person's consent.

9   (a-25) It is unlawful for any person to, by any means,

10 knowingly disseminate, or permit to be disseminated, a video

11 record or live video that he or she knows to have been made or

12 transmitted in violation of (a), (a-4), (a-5), (a-6), (a-10),

13 (a-15), or (a-20).

14  (b) Exemptions. The following activities shall be exempt

15 from the provisions of this Section:

16  (1) The making of a video record or transmission of

17  live video by law enforcement officers pursuant to a

18  criminal investigation, which is otherwise lawful;

19  (2) The making of a video record or transmission of

20  live video by correctional officials for security reasons

21  or for investigation of alleged misconduct involving a

22  person committed to the Department of Corrections; and

23  (3) The making of a video record or transmission of

24  live video in a locker room by a reporter or news medium,

25  as those terms are defined in Section 8-902 of the Code of

26  Civil Procedure, where the reporter or news medium has
    SB4038 Enrolled            -4-     LRB104 19814 RLC 33264 b

1   been granted access to the locker room by an appropriate

2   authority for the purpose of conducting interviews.

3   (c) The provisions of this Section do not apply to any

4 sound recording or transmission of an oral conversation made

5 as the result of the making of a video record or transmission

6 of live video, and to which Article 14 of this Code applies.

7   (d) Sentence.

8   (1) A violation of subsection (a-15), (a-4), or (a-20)

9   is a Class A misdemeanor.

10  (2) A violation of subsection (a), (a-5), (a-6), or

11  (a-10) is a Class 4 felony.

12  (3) A violation of subsection (a-25) is a Class 3

13  felony.

14  (4) A violation of subsection (a), (a-5), (a-6),

15  (a-10), (a-15) or (a-20) is a Class 3 felony if the victim

16  is a person under 18 years of age or if the violation is

17  committed by an individual who is required to register as

18  a sex offender under the Sex Offender Registration Act.

19  (5) A violation of subsection (a-25) is a Class 2

20  felony if the victim is a person under 18 years of age or

21  if the violation is committed by an individual who is

22  required to register as a sex offender under the Sex

23  Offender Registration Act.

24  (e) For purposes of this Section:

25  (0.05) "Courthouse" includes any local, county, or

26  State facility where court proceedings are held and court
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1  functions occur.

2  (1) "Residence" includes a rental dwelling, but does

3  not include stairwells, corridors, laundry facilities, or

4  additional areas in which the general public has access.

5  (2) "Video record" means and includes any videotape,

6  photograph, film, or other electronic or digital recording

7  of a still or moving visual image; and "live video" means

8  and includes any real-time or contemporaneous electronic

9  or digital transmission of a still or moving visual image.

10 (Source: P.A. 102-567, eff. 1-1-22.)
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