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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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What kind legal action can a person get into video of them

Customer Question

What kind legal action can a person get into for a video of them having sex with someone and that being sent to the other persons significant other in the state of Illinois
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Who specifically are you concerned with as far as legal action, the parties who are filmed in the act, or the person who filmed and sent the video? Are the parties in the video engaged in consensual behavior? Did they consent to being taped? Are the parties of legal age? Please advise!

Customer: replied 1 year ago.
It was consensual sex by both people, one of them having sex had camera on the other didn't know it was on. The one that taped wants to send to the others significant other to show they was cheating on them. Can the one who videoed which is on the tape be in trouble for sending it to the others significant other?
Customer: replied 1 year ago.
All parties are adults. Concerned about the one who filmed was the one having sex and the one sending it. So it is of them self with the other persons significant other to which the tape is being sent to
Expert:  Dimitry K., Esq. replied 1 year ago.

Was one induced by the other into sex? So just one of the people consented to being taped, or both knew of the taping? In which state did the taping take place in?

Customer: replied 1 year ago.
Neither was induced by the other, and only one knew the camera was on and it was taped in Illinois and sent and received in Illinois by email
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your patience.

At this time Illinois law is a bit murky. In the past Illinois had an 'all party' or a 'two party' consent statute which made it a crime if all of the parties to the recording would not consent to the taping. This was overturned by the court in 2014 as being a potential violation of the First Amendment but the ruling was somewhat narrow. It is quite possible that certain instances where there is a 'reasonable expectation or privacy', and likely a bedroom during intimate acts would count as such, the 'all party' standard still controls. Therefore secret recordings may still support an Illinois common-law claim for intrusion into the privacy of another. See, e.g., Narducci v. Village of Bellwood, 444 F. Supp. 2d 924, 938 (N.D. Ill. 2006). If that is the case, there is a potential basis for civil suit for intrusion, and still potential criminal charges against the party who taped and sent the video without permission of the other. Plus, if the victim was married and the other partner in bed was not, that party may also be exposed to a civil suit for 'alienation of affection', which is something that Illinois still has on the books--it is essentially a right to sue someone who adversely affects the marriage of an another, and engaging in an adulterous encounter would likely qualify. Please see the Act below:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2019&ChapterID=57

Sincerely,

Dimitry, Esq.