Your soon to be ex-spouse is obnoxious. To punish him or her, you decided to secretly record some of the awful things they say. It might help you in court. But your spouse found the device, and now you are charged with a felony.
What is eavesdropping in Illinois? What can you do?
Under Illinois law, you can’t knowingly, intentionally and secretly use an eavesdropping device to overhear, transmit or record a private conversation, even if you were a party to the conversation, unless everyone consents. You also can’t use or disclose any information which you knew or reasonably should have known was obtained from a private communication unless all parties consent. Eavesdropping is a Class 4 felony for a first offense and a Class 3 felony for later offenses. See 720 ILCS 5/14-2 and 720 ILCS 5/14-4.
If you are charged with eavesdropping, contact an experienced criminal law attorney. An attorney can review your case for your best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Did you knowingly and intentionally use an eavesdropping device? Is the device an eavesdropping device? For example, Illinois case law states that a cell phone is not an eavesdropping device.
There are also certain exemptions involving law enforcement and other situations such as recording a meeting required to be open under the open meetings act. See 720 ILCS 5/14-3.
It is not a defense, however, that the quality of a recording was undecipherable. The law does not require that your eavesdropping produce a given result. The state need only prove your effort to eavesdrop, not your results.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: People v. Francik.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
