Illinois is an all-party consent state for audio recording under 720 ILCS 5/14-2. Recording a private conversation without consent from all parties is a felony. The law was amended in 2014 to focus on private conversations where parties have a reasonable expectation of privacy. Violations carry 1-3 years imprisonment.
The Illinois Eavesdropping Act (720 ILCS 5/14-2) requires consent from all parties to record any private conversation. The law was significantly amended in 2014 after the Illinois Supreme Court struck down the previous version as unconstitutional. The current law applies to private conversations where participants have a reasonable expectation of privacy. Key aspects: Recording a private conversation without all-party consent and in a surreptitious manner is a Class 4 felony. Recording in public places where there is no reasonable expectation of privacy is generally permitted. Law enforcement recordings have specific exemptions. Open and obvious recording (visible camera, announced recording) where there is no reasonable expectation of privacy may be permissible. The law distinguishes between oral conversations (in person) and electronic communications (phone/internet). Federal law (18 USC 2511) provides a minimum of one-party consent, but Illinois's stricter standard applies within the state.
First offense eavesdropping: Class 4 felony, 1-3 years imprisonment, fine up to $25,000. Subsequent offenses or aggravating factors may result in Class 3 felony charges (2-5 years). Unlawful video recording in another's residence: Class 4 felony. Civil liability includes actual and punitive damages.
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