(A) Regardless of whether there is a physical trespass pursuant to § 132.01 of this code or criminal trespass to real property pursuant to ILCS Ch. 720, Act 5, § 21-3, a person is liable for constructive invasion of property when a person:
(1) Knowingly attempts to capture or knowingly captures; in a manner that is offensive to a reasonable person; any type of visual image, visual recording, sound recording, or other physical impression; of another engaging in private, personal, or familial activity; in a place in which that person has a reasonable expectation of privacy; and that impression could not have been achieved without a trespass unless the device was used.
(2) Knowingly peeks or peers in the door or window of any inhabited building, whether personally or by means of devices, to include unmanned aircraft, within that person's control.
(3) Knowingly operates or causes to be operated an unmanned aircraft in a reckless or negligent manner so as to endanger the life or property of another or constitute an unreasonable interference with enjoyment of life, quiet, comfort, or outdoor recreation of an individual or individuals of ordinary sensitivity or habits.
(B) This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety.
(Ord. 4051, passed 8-6-2018)
Cross-reference:
Unmanned aircraft systems, see Ch. 139