Orland Park Eavesdropping Attorney

Tinley Park Criminal Defense Lawyer for Charges of Eavesdropping or Recording a Person Without Permission

In 2014, the Illinois Supreme Court ruled that the Eavesdropping law in effect at the time was unconstitutional as it ran afoul of First Amendment and Due Process guarantees. As a result, in 2016, the Illinois General Assembly passed a new Eavesdropping law that is in place today. The law in place today puts Illinois in the minority by making it a "two-party" consent state (i.e., all parties to a communication must consent to the communication being recorded).

Moreover, the new law clears up some confusion as to recordings of individuals/communication out in the open. The current Eavesdropping law protects only those communications where the parties do not possess a reasonable expectation of privacy. This means, for example, a conversation between individuals out on a busy sidewalk will generally not be subject to the Eavesdropping law and, therefore, can be lawfully recorded.

The law not only covers oral communication between individuals, but includes electronic communication as well. This would mean that text messages between individuals would be protected by the new Eavesdropping law. Of note in the Eavesdropping law is that any recording of a conversation wherein the individuals who are parties to that conversation possess a reasonable expectation of privacy must be "surreptitious" to constitute a crime. Under the law, surreptitious is defined as recordings or interceptions made by stealth or deception, or executed through secrecy or concealment.

Finally, the law makes any recording or interception of communication in violation of this law inadmissible in any civil or criminal proceeding under most circumstances, unless all parties consent to the recording or interception of the communication.

The Sentence

CLASS 4 FELONY FOR FIRST OFFENSE

• 1 to 3 years in state prison
• Fine of up to $25,000

Probation Possible? – Yes.Supervision Possible? – No.CLASS 3 FELONY FOR SECOND OR SUBSEQUENT OFFENSE

• 2 to 5 years in state prison
• Fine of up to $25,000

Probation Possible? – Yes.Supervision Possible? – No.ORIf the eavesdropping is of an oral conversation or an electronic communication of any law enforcement officer, State's Attorney, Assistant State's Attorney, the Attorney General, Assistant Attorney General, or a judge, while in the performance of his or her official duties.CLASS 3 FELONY FOR FIRST OFFENSE

• 2 to 5 years in state prison
• Fine of up to $25,000

Probation Possible? – Yes.Supervision Possible? – No.CLASS 2 FELONY FOR SECOND OR SUBSEQUENT OFFENSE

• 3 to 7 years in state prison
• Fine of up to $25,000

Probation Possible? – Yes.Supervision Possible? – No.

Contact Our Will County Eavesdropping Defense Lawyer

If you are facing criminal charges related to eavesdropping, our firm can provide you with a defense in criminal courts. Contact us today at 708-966-2408 to set up a free consultation.