CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 1961.
(720 ILCS 5/Art. 14 heading)
ARTICLE 14. EAVESDROPPING
(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definition.
(a) Eavesdropping device.
An eavesdropping device is any device capable
of being used to hear or record oral conversation or intercept,
retain, or transcribe electronic communications whether such
conversation or electronic communication is conducted in person,
by telephone, or by any other means; ....
(b) Eavesdropper.
An eavesdropper is any person, including law
enforcement officers, who is a principal, as defined in this
Article, or who operates or participates in the operation of
any eavesdropping device contrary to the provisions of this Article.
(c) Principal.
A principal is any person who:
(1) Knowingly employs another who illegally uses
an eavesdropping device in the course of such employment; or
(2) Knowingly derives any benefit or information
from the illegal use of an eavesdropping device by another; or
(3) Directs another to use an eavesdropping device
illegally on his behalf.
(d) Conversation.
For the purposes of this Article, the term conversation
means any oral communication between 2 or more persons regardless
of whether one or more of the parties intended their communication
to be of a private nature under circumstances justifying that
expectation. ...
(720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
Sec. 14-2. Elements of the offense; affirmative defense.
(a) A person commits eavesdropping when he:
(1) Knowingly and intentionally uses an eavesdropping
device for the purpose of hearing or recording all or any part
of any conversation or intercepts, retains, or transcribes electronic
communication unless he does so (A) with the consent of all of
the parties to such conversation or electronic communication ...; or
...
(3) Uses or divulges, except as authorized by
this Article or by Article 108A or 108B of the "Code of Criminal
Procedure of 1963", approved August 14, 1963, as amended, any
information which he knows or reasonably should know was obtained
through the use of an eavesdropping device. ...
...
(720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
Sec. 14-4. Sentence.
(a) Eavesdropping, for a first offense, is a Class 4 felony and, for a second or subsequent offense, is a Class 3 felony. ...
...
(720 ILCS 5/14-6) (from Ch. 38, par. 14-6)
Sec. 14-6. Civil remedies to injured parties.
(1) Any or all parties to any conversation upon
which eavesdropping is practiced contrary to this Article shall
be entitled to the following remedies:
...
(b) To all actual damages against the eavesdropper or his principal or both;
(c) To any punitive damages which may be awarded by the court or by a jury; ....
("720 ILCS 5/ Criminal Code of 1961.")
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