ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/26-4 (2026)

Unauthorized video recording and live video transmission

✓ current as of May 2026
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(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
    Sec. 26-4. Unauthorized video recording and live video transmission.
    (a) It is unlawful for any person to knowingly make a video record or transmit live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom.
    (a-5) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent.
    (a-6) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent when the recording or transmission is made outside that person's residence by use of an audio or video device that records or transmits from a remote location.
    (a-10) It is unlawful for any person to knowingly make a video record or transmit live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent. For the purposes of this subsection (a-10), "intimate parts" means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.
    (a-15) It is unlawful for any person to place or cause to be placed a device that makes 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.
    (a-20) It is unlawful for any person to place or cause to be placed a device 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 without that person's consent.
    (a-25) It is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, a video record or live video that he or she knows to have been made or transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), or (a-20).
    (b) Exemptions. The following activities shall be exempt from the provisions of this Section:
        (1) The making of a video record or transmission of
    
live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;
        (2) The making of a video record or transmission of
    
live video by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections; and
        (3) The making of a video record or transmission of
    
live video in a locker room by a reporter or news medium, as those terms are defined in Section 8-902 of the Code of Civil Procedure, where the reporter or news medium has been granted access to the locker room by an appropriate authority for the purpose of conducting interviews.
    (c) The provisions of this Section do not apply to any sound recording or transmission of an oral conversation made as the result of the making of a video record or transmission of live video, and to which Article 14 of this Code applies.
    (d) Sentence.
        (1) A violation of subsection (a-15) or (a-20) is a
    
Class A misdemeanor.
        (2) A violation of subsection (a), (a-5), (a-6), or
    
(a-10) is a Class 4 felony.
        (3) A violation of subsection (a-25) is a Class 3
    
felony.
        (4) A violation of subsection (a), (a-5), (a-6),
    
(a-10), (a-15) or (a-20) is a Class 3 felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.
        (5) A violation of subsection (a-25) is a Class 2
    
felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.
    (e) For purposes of this Section:
        (1) "Residence" includes a rental dwelling, but does
    
not include stairwells, corridors, laundry facilities, or additional areas in which the general public has access.
        (2) "Video record" means and includes any
    
videotape, photograph, film, or other electronic or digital recording of a still or moving visual image; and "live video" means and includes any real-time or contemporaneous electronic or digital transmission of a still or moving visual image.
(Source: P.A. 102-567, eff. 1-1-22.)

    
Notes of Decisions
Cited in 17 cases (9 in the last 5 years), 2011–2026 · leading case: United States v. Brian Miller, 829 F.3d 519 (7th Cir. 2016).
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United States v. Brian Miller, 829 F.3d 519 (7th Cir. 2016). “According to Miller, in Illinois, he would have been guilty of “unauthorized video recording,” 720 ILCS 5/26-4, which is punishable by 2-5 years’ imprisonment.”
People v. McCavitt, 2021 IL 125550 (Ill. 2021). “” The complaint expressly targeted the crime of “Unauthorized Video Recording/Live Video Transmission in violation of 720 ILCS 5/26-4,” and the warrant authorized the search of all digital images for “Unauthorized Video Recording/Live Video Transmission 720 ILCS 5/26-4.”
People v. Maillet, 2019 IL App (2d) 161114 (Ill. App. Ct. 2019). · cites it 3× “’s residence, without her consent, in violation of section 26-4(a-5) of the Criminal Code of 2012 (Code) (720 ILCS 5/26-4(a-5) (West 2012)). Count II alleged that, on or about November 12, 2012, defendant knowingly made a video recording of B.”
Reher v. Vivo, 656 F.3d 772 (7th Cir. 2011). “But videotaping other people, when accompanied by other suspicious circumstances, may constitute disorderly conduct.”
People v. McCavitt, 2019 IL App (3d) 170830 (Ill. App. Ct. 2020). “On March 28, 2014, defendant was arrested and charged with unauthorized video recording (720 ILCS 5/26-4(a) (West 2014)). ¶7 On April 1, 2014, Feehan sought and obtained a search warrant to search defendant’s EnCase file for images of child pornography.”
People v. Van Syckle, 2019 IL App (1st) 181410 (Ill. App. Ct. 2020). · cites it 2× “1 (West 2014)) and one count of unauthorized video recording in violation of section 26-4(a) of the Criminal Code (720 ILCS 5/26-4(a) (West 2014)). Defendant filed a motion to dismiss the indictment, arguing that the two images relied on by the State to support the child…”
People v. Van Syckle, 2019 IL App (1st) 181410 (Ill. App. Ct. 2019). · cites it 2× “Defendant filed a motion to dismiss the indictment, arguing that the two images relied on by the State to support the child pornography charges did not qualify as “lewd” under the statute. The State voluntarily withdrew one of the images from consideration but maintained that…”
Lee Catledge v. City of Chicago, 428 F. App'x 646 (7th Cir. 2011). “And though an Illinois statute does prohibit nonconsensual video recording in homes and certain facilities like locker rooms, 720 ILCS 5/26-4, nothing in Catledge’s complaint suggests that the officers reasonably could have suspected him of violating that law.”
People v. Zeas, 2020 IL App (2d) 170437-U (Ill. App. Ct. 2020). · cites it 2× “1, § 11) when compared to the penalty imposed for the offense of unauthorized video recording (720 ILCS 5/26-4(a) (West 2014)). In that the offenses have different elements, however, defendant’s proportionate penalties argument fails.”
People v. McCavitt, 2021 IL App (3d) 180399-U (Ill. App. Ct. 2021). · cites it 2× “720 ILCS 5/26-4(a) (West 2016). The charges resulted from the search of a personal computer seized from McCavitt’s house during the execution of a search warrant.”
Sharp v. Cmty. High Sch. Dist. 155 (N.D. Ill. 2023). · cites it 2× “mendment protection against unreasonable search and seizure; the Fourteenth Amendment for violations of Due Process, Privileges and Immunities, and Equal Protection; and a claim for general rights to privacy and to raise their (COVID-19) Pandemic on Public and Private Elementary…”
People v. Smith, 2021 IL App (1st) 191382-U (Ill. App. Ct. 2021). · cites it 2× “¶2 Following a jury trial, defendant Kelby Smith, who appeared pro se, was convicted of intimidation (720 ILCS 5/12-6(a)(5) (West 2016)), unauthorized video recording and live video transmission (720 ILCS 5/26-4(a-5) (West 2016)), and non-consensual dissemination of private…”
Show all 17 citing cases →
— 720 ILCS 5/26-4(a) — 7 cases
People v. Maillet, 2019 IL App (2d) 161114 (Ill. App. Ct. 2019). “’s residence, without her consent, in violation of section 26-4(a-5) of the Criminal Code of 2012 (Code) (720 ILCS 5/26-4(a-5) (West 2012)). Count II alleged that, on or about November 12, 2012, defendant knowingly made a video recording of B.”
People v. McCavitt, 2019 IL App (3d) 170830 (Ill. App. Ct. 2020). “On March 28, 2014, defendant was arrested and charged with unauthorized video recording (720 ILCS 5/26-4(a) (West 2014)). ¶7 On April 1, 2014, Feehan sought and obtained a search warrant to search defendant’s EnCase file for images of child pornography.”
People v. Van Syckle, 2019 IL App (1st) 181410 (Ill. App. Ct. 2020). “1 (West 2014)) and one count of unauthorized video recording in violation of section 26-4(a) of the Criminal Code (720 ILCS 5/26-4(a) (West 2014)). Defendant filed a motion to dismiss the indictment, arguing that the two images relied on by the State to support the child…”
People v. Van Syckle, 2019 IL App (1st) 181410 (Ill. App. Ct. 2019). “Defendant filed a motion to dismiss the indictment, arguing that the two images relied on by the State to support the child pornography charges did not qualify as “lewd” under the statute. The State voluntarily withdrew one of the images from consideration but maintained that…”
People v. Zeas, 2020 IL App (2d) 170437-U (Ill. App. Ct. 2020). “1, § 11) when compared to the penalty imposed for the offense of unauthorized video recording (720 ILCS 5/26-4(a) (West 2014)). In that the offenses have different elements, however, defendant’s proportionate penalties argument fails.”
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