Illinois Voyeurism and Hidden Camera Laws: Penalties and BIPA Rules (2026)

Illinois criminalizes unauthorized video recording in restrooms, locker rooms, changing rooms, tanning beds and salons, hotel bedrooms, and a person's own home under 720 ILCS 5/26-4. A first offense is a Class 4 felony carrying one to three years in prison. The statute also makes it a felony to record a person's intimate parts without consent, to view their body or undergarments, wherever it happens, and to share a video made in violation of the section. Sharing intimate images in general is a separate crime under 720 ILCS 5/11-23.5.

Illinois treats voyeurism and unauthorized hidden camera surveillance as serious criminal offenses. The state's primary voyeurism statute, 720 ILCS 5/26-4, criminalizes video recording people without consent in listed private places and sharing videos made that way. When hidden cameras capture biometric identifiers like facial geometry, the Biometric Information Privacy Act (740 ILCS 14) creates additional civil liability. Together, these statutes give Illinois some of the strongest protections against invasive recording in the country.

Understanding 720 ILCS 5/26-4

The Core Prohibition

The Illinois unauthorized video recording statute under 720 ILCS 5/26-4 addresses several distinct types of prohibited recording and image sharing. The statute has been expanded over the years to address evolving technology and new forms of privacy invasion.

Video Voyeurism (Recording in Private Areas)

Illinois law makes it a criminal offense to knowingly make a video record of, or transmit live video of, another person without that person's consent in any of the places the statute lists. Section 26-4(a) names these locations:

• Restrooms
• Locker rooms
• Changing rooms
• Tanning beds and tanning salons
• Hotel bedrooms

Two further subsections, (a-5) and (a-6), make it a crime to record or transmit video of a person in that person's own residence without consent, including by a device operated from outside the residence. "Residence" includes a rental dwelling but not stairwells, corridors, laundry facilities, or other areas open to the public. Recording in one of these places is a Class 4 felony. Placing or causing a device to be placed in one of these places with the intent to record someone without consent is a separate, lesser offense under subsections (a-15) and (a-20): a Class A misdemeanor, punishable by less than one year in jail under 730 ILCS 5/5-4.5-55.

The offense requires that the recording be made without the consent of the person recorded; a person who knows about a camera but did not agree to it is still protected. No subsection of 26-4 requires proof of sexual motive.

Upskirting and Under-Clothing Recording

Section 26-4(a-10) makes it a Class 4 felony to knowingly video record another person's intimate parts without consent for the purpose of viewing the person's body or undergarments. "Intimate parts" means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or a female's partially or fully exposed nipple. This covers "upskirting" and similar invasive recording techniques. The prohibition applies regardless of the location where the recording occurs, so it reaches a fully public setting. (Before January 1, 2022, this subsection was worded in terms of recording "under or through the clothing.")

Illinois's Revenge Porn Statute: 720 ILCS 5/11-23.5

Illinois's dedicated "revenge porn" law is a separate statute from the voyeurism section above: 720 ILCS 5/11-23.5, "Non-consensual dissemination of private sexual images," a Class 4 felony. It is illegal to intentionally disseminate an image of another person who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part, when:

• The person in the image is identifiable from the image itself or from information displayed with it, or is known to the person who disseminates it
• The person who disseminates the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private
• The person who disseminates the image knows or should have known that the person in the image did not consent to the dissemination

The statute no longer limits the offense to images of adults.

This prohibition covers digital distribution through social media, messaging apps, email, websites, and any other electronic means. It applies whether the original image was taken with consent (such as a photo shared within a relationship) or without consent.

Section 26-4 (the voyeurism statute discussed above) has its own, narrower dissemination clause at (a-25): it only reaches dissemination of a video that was itself unlawfully RECORDED under 26-4's other subsections, not images that were originally captured with consent.

Criminal Penalties

Voyeurism Penalties

Penalties for Sharing an Unlawfully Made Video (26-4(a-25))

Fines and Restitution

All felony convictions carry potential fines of up to $25,000. Courts may also order restitution to the victim for counseling costs, lost wages, and other expenses resulting from the offense. In non-consensual dissemination cases, a victim can also seek a civil court order requiring the images to be taken down.

Sex Offender Registration

Unauthorized video recording under 720 ILCS 5/26-4 is not itself listed as a registrable sex offense in the Sex Offender Registration Act (730 ILCS 150), whose definition of "sex offense" in Section 2 does not include Section 26-4. Conduct involving a minor can, however, be charged under other statutes that do require registration, such as child sexual abuse material laws. A person who is already required to register faces the higher Class 3 or Class 2 felony tiers under 26-4.

Sex offender registration in Illinois carries significant collateral consequences, including residency restrictions, employment limitations, and ongoing reporting requirements. The registration period depends on the classification of the offense and can last 10 years to life.

BIPA and Hidden Camera Surveillance

When BIPA Applies to Hidden Cameras

The Biometric Information Privacy Act (740 ILCS 14) adds a separate layer of civil liability when hidden cameras capture biometric identifiers. BIPA applies when a camera system:

• Uses facial recognition technology to identify individuals
• Captures and processes facial geometry
• Creates biometric templates from recorded images or video
• Stores or transmits biometric data to third parties

A standard hidden camera that simply records visual images without biometric processing does not trigger BIPA. The critical distinction is whether the recording system processes biometric identifiers as defined under BIPA Section 10.

BIPA Damages for Covert Biometric Collection

BIPA provides a private right of action that allows any aggrieved person to sue for the following (the Illinois Supreme Court has said the liquidated damages are discretionary, not mandatory):

• $1,000 per violation for negligent BIPA violations
• $5,000 per violation for intentional or reckless BIPA violations
• Reasonable attorney fees, expert witness fees, and litigation costs
• Injunctive relief and other remedies the court determines appropriate

The per-violation damage structure can lead to massive aggregate liability. The $650 million Facebook cash settlement in 2021 illustrates the financial scale of BIPA enforcement. In 2025 a federal judge approved a Clearview AI BIPA settlement that would have given the class a 23% equity stake, estimated at about $51.75 million, but in July 2026 the Seventh Circuit vacated that approval and sent the case back, so the settlement is not final. For hidden camera surveillance that captures biometric identifiers without consent, each individual whose biometrics are collected represents a separate violation.

Employer Hidden Camera Liability Under BIPA

Employers who install hidden cameras with biometric capabilities in the workplace face particular BIPA exposure. Monitoring systems that use facial recognition to track employee attendance, identify individuals in restricted areas, or analyze workplace behavior must comply with BIPA's consent requirements. This means:

• Providing written notice that biometric data is being collected
• Disclosing the purpose and duration of collection
• Obtaining a written release from each employee
• Maintaining a publicly available data retention and destruction policy

Failure to satisfy these requirements exposes the employer to BIPA litigation from every employee whose biometrics were captured.

Hidden Cameras in Specific Contexts

Nanny Cameras and Home Surveillance

Illinois homeowners may install surveillance cameras in common areas of their homes, such as living rooms, kitchens, and entryways. These cameras are generally legal when used for security purposes. However, several restrictions apply:

• Recording video of someone inside their own residence without their consent is a Class 4 felony under 720 ILCS 5/26-4(a-5), and the law has no exception for the owner of the home. If another adult lives there, such as a spouse, roommate, or live-in nanny or caregiver, get that person's consent before recording video of them, even in shared areas
• Cameras must not be placed in bathrooms, guest bedrooms where visitors expect privacy, or areas where caregivers change clothes
• If cameras capture audio of private conversations, the all-party consent eavesdropping law under 720 ILCS 5/14-2 requires consent from all parties
• Homeowners should notify nannies, caregivers, and domestic workers about the presence of cameras
• If cameras use facial recognition, BIPA consent requirements apply

Retail Fitting Room Surveillance

Illinois retail stores are prohibited from placing cameras in fitting rooms and changing areas. This prohibition is absolute and applies to all recording devices, whether visible or hidden. Retailers who violate this rule face criminal prosecution under the voyeurism statute and potential civil liability from affected customers.

Hotel and Airbnb Hidden Cameras

Guests in Illinois hotels, motels, vacation rentals, and Airbnb properties have a reasonable expectation of privacy in their rooms. Recording a guest without consent in a hotel bedroom or restroom, or in a rental dwelling the guest is occupying as a residence, is a Class 4 felony under 720 ILCS 5/26-4. Placing a hidden camera there with the intent to record a guest is itself a crime, a Class A misdemeanor under subsections (a-15) and (a-20), even if no recording is made. Property owners who install hidden cameras also face civil lawsuits.

The felony offense turns on knowingly making a video record or transmitting live video without consent, regardless of whether the owner later viewed the footage. Installing the device with the intent to record, without more, is the separate misdemeanor.

Relationship to the Eavesdropping Statute

Voyeurism and eavesdropping are separate offenses in Illinois, but they can overlap when hidden cameras capture both video and audio. A hidden camera in a bathroom that records audio of private conversations violates both the voyeurism statute under 720 ILCS 5/26-4 and the eavesdropping statute under 720 ILCS 5/14-2. In such cases, the perpetrator can face charges under both statutes, and a court may impose a sentence for each.

The eavesdropping statute requires that the recorded conversation be "private" as defined by the statute. The voyeurism statute has no such requirement for audio. Instead, it focuses on whether video was recorded or transmitted without consent in one of the listed places (a restroom, locker room, changing room, tanning bed or salon, hotel bedroom, or the victim's residence) or of a person's intimate parts. Section 26-4(c) states that it does not apply to sound recordings of oral conversations covered by the eavesdropping article.

Civil Remedies for Voyeurism Victims

Tort Claims

Victims of voyeurism in Illinois can pursue civil lawsuits for:

• Invasion of privacy (intrusion upon seclusion): Intentional intrusion into a person's private affairs that would be highly offensive to a reasonable person
• Intentional infliction of emotional distress: Extreme and outrageous conduct causing severe emotional distress
• Negligent infliction of emotional distress: When property owners negligently allow hidden cameras on their premises

BIPA Claims

When hidden cameras collect biometric identifiers, victims may also bring BIPA claims with the statutory damages described above.

Eavesdropping Civil Remedies

Under 720 ILCS 5/14-6, victims of illegal audio recording may sue for injunctive relief, actual damages, and punitive damages. This remedy applies when a hidden camera captures audio of private conversations.

Digital Distribution and Online Platforms

Illinois Law on Image Removal

Illinois non-consensual dissemination laws apply to distribution through any platform, including social media, messaging apps, websites, and file-sharing services. Victims can seek court orders requiring the removal of non-consensually shared images.

Federal Communications Decency Act (Section 230)

While Section 230 of the Communications Decency Act (47 U.S.C. 230) provides some immunity to online platforms for user-posted content, this immunity does not protect the person who originally posted the non-consensual images. The platform may be difficult to hold liable, but the person who disseminated the images faces full criminal and civil liability under Illinois law.

Deepfakes and AI-Generated Images

Illinois law is evolving to address AI-generated intimate images (deepfakes). Illinois's civil remedies law, 740 ILCS 190, expressly lets a person sue over the dissemination of an intentionally digitally altered sexual image, such as a deepfake, and labeling the image as altered is not a defense. Whether the criminal statute, 720 ILCS 5/11-23.5, reaches deepfakes is less clear, because its text does not expressly mention digitally altered images. At the federal level, the TAKE IT DOWN Act (signed May 19, 2025) criminalizes non-consensual publication of intimate visual depictions including AI-generated images, and requires online platforms to remove such content within 48 hours of a victim request. Illinois-based victims now have both state-law civil remedies and federal criminal recourse for AI-generated non-consensual intimate imagery.

Reporting Voyeurism in Illinois

Victims of voyeurism or hidden camera surveillance in Illinois can report the offense to:

• Local law enforcement (police or sheriff's department)
• The Illinois Attorney General's office for cases involving online distribution
• The FBI's Internet Crime Complaint Center (IC3) for cases involving interstate distribution or federal crimes

Felony charges in Illinois generally must be brought within 3 years of the offense (720 ILCS 5/3-5(b)). For unauthorized video recording under 720 ILCS 5/26-4, prosecution may also be started within one year after the victim discovers the offense (720 ILCS 5/3-6(l)), which matters when a hidden camera is found long after it was installed. Report as soon as you find a hidden camera or recording, to preserve evidence.

More Illinois Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

Is it illegal to place a hidden camera in a bathroom in Illinois?

Yes. Placing a hidden camera in a restroom, changing room, locker room, tanning bed or salon, hotel bedroom, or another person's residence with the intent to record someone without consent is a Class A misdemeanor under 720 ILCS 5/26-4(a-15) and (a-20). Actually recording or transmitting video of a person without consent in one of those places is a Class 4 felony, carrying 1 to 3 years in prison and up to $25,000 in fines. If the victim is under 18, the recording offense escalates to a Class 3 felony, and the placement offense also becomes a Class 3 felony.

What is the penalty for revenge porn in Illinois?

Non-consensual dissemination of private sexual images under 720 ILCS 5/11-23.5 is a Class 4 felony. Illinois's voyeurism statute, 720 ILCS 5/26-4, separately makes it a Class 3 felony (2 to 5 years) to disseminate a video that was itself unlawfully recorded under that section, escalating to a Class 2 felony (3 to 7 years) if the victim is under 18 or the offender is a registered sex offender. Courts may also order restitution to the victim, and a victim can seek a civil court order requiring the images to be taken down.

Can I sue someone for placing a hidden camera in my Airbnb in Illinois?

Yes. You can pursue criminal charges under the voyeurism statute (720 ILCS 5/26-4) and civil claims for invasion of privacy and intentional infliction of emotional distress. If the camera used facial recognition, you may also have a BIPA claim, under which a court may award $1,000 to $5,000 per violation. If the camera captured audio of private conversations, the eavesdropping statute provides additional civil remedies.

Does BIPA apply to hidden cameras?

BIPA applies when hidden cameras capture biometric identifiers such as facial geometry through facial recognition technology. A standard hidden camera that records visual images without biometric processing does not trigger BIPA. However, a camera with facial recognition capabilities that scans and matches facial geometry does trigger BIPA, requiring informed written consent before collection.

Can my employer put hidden cameras in the workplace in Illinois?

Employers cannot place cameras in bathrooms, locker rooms, changing areas, or other spaces where employees have bodily privacy expectations. Cameras in common work areas are generally permitted if employees receive notice. If workplace cameras use facial recognition, BIPA requires informed written consent from each employee. Hidden cameras that capture audio of private conversations violate the eavesdropping statute.