Bill Text: IL HB5566 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012. Creates the offense of invasion of intimate privacy. Provides that a person commits the offense when he or she knowing that he or she is not licensed or privileged to do so, discloses any photograph, film, videotape, recording, or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual conduct, unless that person has consented to the disclosure. Provides that a person also commits invasion of intimate privacy when he or she discloses in any manner a photograph, film, videotape, or recording of another person using a fitting room or dressing room except under the following circumstances: (1) to law enforcement officers in connection with a criminal prosecution; (2) under subpoena or court order for use in a legal proceeding; or (3) to a co-worker, manager, or supervisor acting within the scope of his or her employment. Provides that a violation is a Class 3 felony for which the person may, in addition to a sentence of imprisonment, be fined not to exceed $30,000. Provides for an affirmative defense and civil remedies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5566 Detail]

Download: Illinois-2013-HB5566-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5566 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-24.1 new
Amends the Criminal Code of 2012. Creates the offense of invasion of intimate privacy. Provides that a person commits the offense when he or she knowing that he or she is not licensed or privileged to do so, discloses any photograph, film, videotape, recording, or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual conduct, unless that person has consented to the disclosure. Provides that a person also commits invasion of intimate privacy when he or she discloses in any manner a photograph, film, videotape, or recording of another person using a fitting room or dressing room except under the following circumstances: (1) to law enforcement officers in connection with a criminal prosecution; (2) under subpoena or court order for use in a legal proceeding; or (3) to a co-worker, manager, or supervisor acting within the scope of his or her employment. Provides that a violation is a Class 3 felony for which the person may, in addition to a sentence of imprisonment, be fined not to exceed $30,000. Provides for an affirmative defense and civil remedies.
LRB098 18927 RLC 54074 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB5566 LRB098 18927 RLC 54074 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 11-24.1 as follows:
(720 ILCS 5/11-24.1 new)
Sec. 11-24.1. Invasion of intimate privacy.
(a) As used in this Section, "disclose" means sell,
manufacture, give, provide, lend, trade, mail, deliver,
transfer, publish, distribute, circulate, disseminate,
present, exhibit, advertise or offer.
(b) A person commits invasion of intimate privacy when he
or she knowing that he or she is not licensed or privileged to
do so, discloses any photograph, film, videotape, recording, or
any other reproduction of the image of another person whose
intimate parts are exposed or who is engaged in an act of
sexual penetration or sexual conduct, unless that person has
consented to the disclosure.
(c) A person commits invasion of intimate privacy when he
or she discloses in any manner a photograph, film, videotape,
or recording of another person using a fitting room or dressing
room except under the following circumstances:
(1) to law enforcement officers in connection with a

HB5566 - 2 - LRB098 18927 RLC 54074 b
criminal prosecution;
(2) under subpoena or court order for use in a legal
proceeding; or
(3) to a co-worker, manager, or supervisor acting
within the scope of his or her employment.
(d) It is an affirmative defense to a violation of this
Section that:
(1) the defendant posted or otherwise provided prior
notice to the person of the defendant's intent to engage in
the conduct specified in subsection (b); and
(2) the defendant acted with a lawful purpose.
(e) For purposes of this Section, a law enforcement
officer, or a corrections officer or guard in a correctional
facility or jail, who is engaged in the official performance of
his or her duties shall be deemed to be licensed or privileged
to make and to disclose photographs, films, videotapes,
recordings, or any other reproductions.
(f) Sentence. Invasion of intimate privacy is a Class 3
felony for which the person may, in addition to a sentence of
imprisonment, be fined not to exceed $30,000.
(g) A person who, without license or privilege to do so,
photographs, films, videotapes, records, or otherwise
reproduces in any manner, the image of another person whose
intimate parts are exposed or who is engaged in an act of
sexual penetration or sexual conduct, without that person's
consent and under circumstances in which a reasonable person

HB5566 - 3 - LRB098 18927 RLC 54074 b
would not expect to be observed, shall be liable to that
person, who may bring a civil action in the circuit court.
(h) A person who, without license or privilege to do so,
discloses any photograph, film, videotape, recording or any
other reproduction of the image of another person whose
intimate parts are exposed or who is engaged in an act of
sexual penetration or sexual conduct, without that person's
consent and under circumstances in which a reasonable person
would not expect to be observed, shall be liable to that
person, who may bring a civil action in the circuit court.
(i) The court may award:
(1) actual damages, but not less than liquidated
damages computed at the rate of $1,000 for each violation
of this Section;
(2) punitive damages upon proof of willful or reckless
disregard of the law;
(3) reasonable attorney's fees and other litigation
costs reasonably incurred; and
(4) any other preliminary and equitable relief as the
court determines to be appropriate.