SUBSTITUTE ORDINANCE
WHEREAS, The City of Chicago is a home rule unit of government pursuant to the Illinois Constitution, Article VII, Section 6 (a); and
WHEREAS, Pursuant to its home rule power, the City of Chicago may exercise any power and perform any function pertaining to its government and affairs, including promoting the quality of life, health, safety, and the welfare of its citizens; and
WHEREAS, On March 5, 2014, the Supreme Court of Massachusetts issued an opinion holding that it is not illegal to secretly photograph underneath a woman's skirt under Massachusetts' "Peeping Tom" law; and
WHEREAS, The ruling came after charges were dismissed against a man who was arrested in 2010 after he was reported to be using his cellphone to take photos and videos up the skirts and dresses of female passengers on a Boston trolley; and
WHEREAS, The term "upskirt" has been used to refer to the practice of surreptitiously photographing underneath a female's dress or skirt; and
WHEREAS, On March 7, 2014 Massachusetts Governor Deval Patrick signed into law a bill modernizing Massachusetts' voyeurism laws to outlaw "upskirting"; and
WHEREAS, Chicago residents and visitors have a reasonable expectation of privacy which protects them against being photographed or videotaped in a manner that poses an unreasonable intrusion upon their seclusion; and
WHEREAS, The City of Chicago is committed to protecting the privacy rights of its residents and visitors; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Chapter 8-4 of the Municipal Code of Chicago is hereby amended by inserting a new Section 8-4-126, as follows:
8-4-126 Unauthorized video recording and live video transmission - "Upskirting" and other related offenses.
(a) Unlawful act. It shall be unlawful for any person to knowingly make a video record or transmit live video of another person under or through the clothing worn by that other person for the purpose of viewing the bo...
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