Illinois Appellate Court
Criminal Court
Due Process
Defendant was convicted, after bench trial, of 2 counts of unauthorized video recording. Defendant hid an iPod and made a recording of his stepdaughter, age 12, while she was in the bathroom of her residence showering. Sections 26-4(a-5) and 26-4(a) of Criminal Code do not violate the 1st amendment. They are narrowly suited to their purpose of protecting personal privacy in a bathroom, where persons have a heightened expectation of privacy; and they require criminal knowledge that the offender's actions are likely to invade another's substantial privacy interest, including lack of express or implied consent.(ZENOFF and SPENCE, concurring.)