Roll Call: Unauthorized video recordings is a serious crime that’s on the rise

This is my second column on sex-related crimes that, by most accounts, are uncomfortable to address or talk about.

I’ll examine a phenomenon happening increasingly in Illinois and throughout America: unauthorized video recording.

Under Illinois law, unauthorized video recording is defined as knowingly making a video or transmitting a live video of another person without that person’s consent in any of the following places: a restroom, tanning bed, tanning salon, locker room, changing room or hotel room. It’s also illegal to place a video recording device in any of these places.

This crime can be a misdemeanor or a felony, depending on the circumstances.

Unlawful videotaping, especially of females in public places, has become more common than you may realize. For instance, in 2023, a Downers Grove man was arrested at the Goodwill and Donation Center in Downers Grove and a Starbucks in Hinsdale for allegedly taking unauthorized videos of females [including juveniles] in changing rooms and underneath young girls’ dresses.

This was not an isolated incident. Police agencies are notifying news organizations of an alarming increase in such arrests. The most common call to which police respond is a report of an individual videotaping or taking pictures up the skirt of a female, either in a changing room, escalator, elevator or other public venue.

It is important to note that the statute says it is unlawful for any person to knowingly make a video recording or transmit that video, live or otherwise, without an individual’s consent. Furthermore, the dissemination of such a video is a crime, typically a felony charge.

The Illinois statute was drafted to prevent individuals from creating ad hoc pornography by videotaping women in locations where they are likely to disrobe.

A law in Illinois also prevents landlords from setting up covert video surveillance or spy equipment on their tenants and videotaping them while showering or undressing. The only exception in the statutes involves law enforcement requiring surveillance to pursue cases with a valid warrant, which means a judge must sign off on the police investigation before any device is utilized.

In Illinois, videotaping a female in a bathroom is considered a Class 4 felony, and the sentence for such a crime is 1 to 3 years. However, it is essential to note that the crime of unlawful videotaping is not among those that qualify for the sex offender registry unless the victim of the videotaping is under 18.

In addition to the criminal penalties, offenders may also face civil lawsuits from their victims, which can result in significant financial damages.

Unlawful videotaping is not a random crime. The offenders almost always plan out their location, time of day and person they follow to get the actual videotape or photographs.

On many occasions, offenders will tell investigators exactly how they planned to acquire the videotape and what they planned to do with it. These recordings are almost always transmitted on one or more social media platforms or even on the dark web.

Unlawful videotaping is stalking. These offenders always use a smartphone and a video application on that phone. So, recovering the offender’s phone in the criminal investigation is significant for prosecution.

Are there ways individuals, especially young girls, can protect themselves? I can provide some common tips.

First, always try to shop in malls or other shopping areas with another individual or a group. Offenders who take unauthorized videos and photos of individuals in public typically do not like to target groups of people. Instead, they stalk single females, and many times, age does not matter.

Second, be aware that when traveling on escalators wearing a dress that is knee length or longer, it may be easy for an offender to put his phone in the palm of his hand and slip it under clothing without you knowing it.

You should always be willing to call the police if you see this happening or are the victim yourself and are willing to go to court and testify.

The reason I say that is because the only way to stop this crime from continuing is for victims to notify the police, have the police make the arrest and testify in court.

Individuals who take action and follow through during court procedures can help to ensure that instances of unlawful videotaping are prosecuted and do not continue unchecked.

If you ever become a victim of this crime and the video is posted on a social media platform, it may be difficult to remove. However, some companies specialize in" “scrubbing’ information off the internet and social media accounts. In such cases, it may be well worth the investment to see if this unauthorized videotaping and most egregious violation of your personal space can be permanently erased.

The offenders are many times loners who, when police dig into their background after arrest, have been displaying unusual, sexually heightened tendencies for a long time.

This is a crime that affects victims immensely and can be long-lasting if not addressed immediately. The emotional trauma and loss of privacy experienced by the victims cannot be overstated. It is a severe violation of personal privacy and often shreds a person’s sense of security in public spaces.

• Tom Weitzel is the former chief of the Riverside Police Department and spent 37 years in law enforcement. He can be reached at tqweitzel@outlook.com. Follow him on X at @chiefweitzel or TikTok at tiktok.com/@chiefweitzel.