Chicago Criminal Lawyer Blog
It is unlawful to take video footage of someone in a restroom without their consent or knowledge. This is a fact that one Chicago-area music executive has learned the hard way after nude videos surfaced of his former nanny. Now, more allegations are pending as police have confiscated sim cards with more images of nude women.
As a result of the charges, the executive, who is the son of a billionaire, has lost two jobs as the president of various establishments and his other job as the CEO of Audiotree. The CEO has pleaded not guilty to the charges. Civil suits have also been filed by the women found on the tapes.
Understanding the Law
720 ILCS 5/26-4 discusses what constitutes unauthorized use of a video or video recording. In the very first part of the statute, it reads:
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.
Later, the statute also makes it illegal to disseminate such recordings if they were made in violation of the above-cited statute. This is an anti-peeping-tom statute that has broad applications. The statute was drafted for the purpose of preventing individuals from creating ad hoc pornography by videotaping women in dressing rooms, locker rooms, restrooms, or other places where it is likely that they will disrobe. Also, the law prevents landlords from setting up clandestine video surveillance to spy on their tenants and videotape them while showering. It does not matter if the restroom is on your property or not. It further does not matter if it is your primary residence where the video is being recorded.
The only exceptions that apply to this statute involve law enforcement acquiring surveillance to pursue a case after a valid warrant has been issued and sports reporters doing locker room interviews post-game.
In Illinois, making an unauthorized video of someone in a bathroom is considered a class-4 felony. The sentence for such a crime is somewhere between one and three years. However, the crime is not among those that qualify for the sex offender registry unless the victim was under 18. So, this particular peeping tom will not have to register as a sex offender if he is convicted or pleads guilty to the charges.
While prison time is unlikely, the charges will remain on the defendant’s record. On the other hand, having a criminal record does not seem to impede the economic prospects of the ultra-rich quite as much as it does those who are poor. The defendant will likely make hefty restitution to the women as part of any plea agreement he accepts.
Talk to a Chicago Criminal Defense Attorney Today
If you are facing serious criminal charges in the Chicago area, call the attorneys at David Freidberg today at (312) 560-7100 and we can begin discussing your options immediately.
