Chicago, IL Privacy & Surveillance: Recording & Consent Laws (2026)
Key Facts
- Consent Standard
- All-party consent required
- Statute
- 720 ILCS 5/14-2
- Penalty
- Class 4 felony (1-3 years)
- 2014 Amendment
- Narrowed to private conversations
Summary
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.
A person commits eavesdropping when he or she knowingly and intentionally: (1) Uses an eavesdropping device, in a surreptitious manner, for the purpose of overhearing, transmitting, or recording all or any part of any private conversation to which he or she is not a party unless he or she does so with the consent of all of the parties to the private conversation; (2) Uses an eavesdropping device, in a surreptitious manner, for the purpose of transmitting or recording all or any part of any private conversation to which he or she is a party unless he or she does so with the consent of all other parties to the private conversation.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Can I record a conversation in Illinois without telling everyone?
Can I record in public in Illinois?
Sources & Official References
Other rules in Chicago
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