Unlawful Videotaping in Illinois: What You Need to Know
Videotaping someone without their consent can be illegal in certain situations under Illinois law. This article will break down the key things you need to know about unlawful videotaping in Illinois.
Overview of 720 ILCS 5/26-4
The main Illinois law dealing with unlawful videotaping is 720 ILCS 5/26-4. This law makes it illegal to “knowingly make a video record or transmit live video” of someone without their consent in certain private situations where they have an expectation of privacy.
Some key things to understand about this law:
- It applies to both video recording someone and transmitting live video of them without consent
- The videotaping has to be done “knowingly”
- It only applies in situations where the person being recorded has an expectation of privacy
When is Videotaping Considered Unlawful?
Not all videotaping without consent is illegal under 720 ILCS 5/26-4. The law only applies when the person being videotaped has an expectation of privacy.
According to the law, this means situations like:
- In a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom
- In any place where a reasonable person would expect to be safe from unwanted surveillance
So videotaping someone on a public street would not violate this law. But videotaping someone changing clothes in a locker room or using the bathroom would be illegal.
The law also does not apply to lawful security videotaping or lawful law enforcement surveillance. So a store using security cameras or police conducting an investigation may videotape someone without violating this statute.
Penalties for Unlawful Videotaping
If you are found guilty of unlawful videotaping under this Illinois law, you face the following penalties:
- Class A misdemeanor for a first offense
- Class 4 felony for a second or subsequent offense
A Class A misdemeanor can be punishable by up to 1 year in jail and fines up to $2,500. A Class 4 felony can be punishable by 1-3 years in prison and fines up to $25,000.
Real-World Examples
There have been several real-world cases in Illinois involving charges under this unlawful videotaping statute:
- In 2017, an Uber driver was charged for allegedly videotaping hundreds of passengers without their consent. This occurred inside his vehicle where passengers had an expectation of privacy.
- In 2019, a man was convicted under federal charges for unlawfully videotaping minors in their locker room at a community center. This clearly violated their expectation of privacy.
- There have been multiple cases involving unlawful recordings in hotel rooms, including a case where a foreign exchange student sued Northwestern University after discovering a hidden camera in his dorm room.
So as you can see, this statute has been applied in various contexts where someone’s reasonable expectation of privacy was violated by unlawful videotaping.
Defenses and Challenges
There are some potential defenses if you are charged under this unlawful videotaping law:
- Lack of intent: The law requires that the videotaping be done “knowingly.” So if there is evidence you did not intentionally mean to record the person, this could be a defense.
- No expectation of privacy: As discussed above, the law only applies when the person being recorded has an expectation of privacy. So if you can show the situation did not reasonably carry that expectation, you may avoid conviction.
- Consent: If you can demonstrate that the person consented to being videotaped, then obviously there was no crime committed. But the consent has to be clear and affirmative.
- First Amendment challenges: There have been some cases where defendants have challenged eavesdropping and recording laws on First Amendment free speech grounds. So far these challenges have seen mixed success.
If you are charged with unlawful videotaping, having an experienced criminal defense lawyer argue one of these defenses on your behalf can be crucial.
How to Avoid Committing Unlawful Videotaping
The best way to avoid running afoul of Illinois’ unlawful videotaping law is simple:
Don’t videotape people without their consent when they have an expectation of privacy.
This means no secret recording in bathrooms, locker rooms, hotel rooms, changing areas, etc. If you want to record someone in private contexts, get their permission first.
Public videotaping likely won’t violate this law. But when in doubt, ask the people you are filming for consent before you hit record. That’s the safest approach.
I hope this breakdown gives you a better understanding of what constitutes unlawful videotaping under 720 ILCS 5/26-4. The key is that it only applies when videotaping someone without their permission in a situation where they reasonably expect privacy.
Knowing the law will help you avoid accidentally committing a crime. But if you ever have questions or need advice, don’t hesitate to consult an attorney.