Sex Crimes, Sex Offenders unauthorized video taping a minor

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Steel

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Recently, my niece was videotaped while taking a shower by her step-father. She is only 15 and it seems as if this has been going on for some time (at least a year). I'm not sure what category this fits in, but I'm sure it's criminal. If prosecuted, how long would her step father serve in jail? (note, he does have a criminal record ranging from driving with a suspended or revoked license, possession of illegal substance, dui and i'm sure there are more.) He's currently on probation for driving w/suspended or revoked license and possession of parafenilia. What other rights does her mom have in regards to pursuing a criminal case against her soon to be exhusband?
 
Well, you could either report him for a federal offense, have the police ransack the home and have the step-father locked up (for a longer sentence if he's convicted, especially since he already has a criminal record and might still be on probation or parole, which would be a separate violation), or you could have the 15 year old's mother destroy all evidence, have a stern talk with her husband, demand that her daughter start locking the door when she enters the bathroom or her bedroom, and to immediatel tell the mother if the step-father steps out of line again.

I feel that this is something that should be the sole decision of the mother. If she feels that her husband would become violent because of this, then she might just want to go ahead and call the police, however, she would have to understand the consequences, either way.
 
Oh, sorry, I just now saw the part where you said "soon to be ex-husband". By all means, if I were the wife, I'd call the police and report this immediately ... it'll not only get him locked up, but would also help out in the divorce proceeding in many different avenues. ;)
 
I disagree with you on the point where you say this is "something that should be the sole decision of the mother". I believe that the 15 year old girl should actually have a say in the matter as well.
 
How did you get the information concerning your neice? Do you or the mother have the actual video tape? Anyone can file a report with the police and/or Child Protective Services when they have reason to believe a crime has been committed and/or is being committed. You don't say what state you are in and different laws may apply for criminals with previous criminal records. Your state may or may not have the three strikes law. Your city may have a sexual crimes unit as well, that you may want to check into. I hope the girl and her mother are getting counseling. They can check out local advocacy groups in the area for a referral or even a local rape crisis center may have information.
 
Her mother has the video. Her step-father hid the digital camera somehow on the counter right before she went in for her shower. I'm not sure how she could not see it. And the state is Illinois. I was posting here hoping someone knew the laws around here. I have searched the internet, looking for privacy laws and such, but couldn't really find anything that was helpful, which is why i put it here.

As for counseling, unfortuneately, my sister in law does not have that much money and is too proud to seek free care. Her daughter will not give her much information on as to how long it's been going on or how far it went. So, she is not sure how much help would be required.
 
Check out laws about sexual abuse of a minor/criminal law

This is about more than privacy laws. This is abuse of a minor by a sexual predator. The couseling given by rape crisis centers is more of a service than "free care" The couseling isn't a hand out; it's more like help for victims of abuse and I believe receive state and federal funds, our tax dollars...which is your sister-in-law's tax money too!!! You and she are already paying for the service so why not use it!!! The video should be turned over to the police and charges filed or to child protective services. Yes, they will investigate your sister-in-law too. Since she is divorcing this man, that's in her favor. Does she (sister-in-law) not want to pursue this? Not doing anything will cause the neice more harm than good. You can't act like nothing happened especially if you don't know everything that happened. It will haunt her (the neice), and she may begin to act out sexually or criminally herself. She's embarassed and may feel she is partly to blame. Someone needs to let her know it was not her fault. An adult (sexual predator) took advantage of a child...15 is not an adult and if it had been going on for "awhile" she may have been 13 or 14 when the abuse started. Predators tell victims, it's their (the child's) fault because of how they dress or act or they threaten the child with no one will believe them over the adult or that they will harm the other family members. I really hope the mom doesn't blow this off and gets her daughter into counseling. Good luck!
 
Illinois State Law- Hope this helps

http://www.ilga.gov/legislation/bil...75&GAID=3&DocTypeID=HB&LegID=8522&SessionID=3

Bill Status of HB4275 94th General Assembly

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Law Enforcement
HB 4275 (Millner-Harmon)

Amends the unauthorized videotaping statute to take into account advances in technology and provides criminal penalties for the unauthorized transmission of images which are not recorded. Enhances penalties when subject of recording or transmission is a minor or the perpetrator is subject to registration under the Sex Offender Registration Act.
Status: Public Act 93-0851

Short Description: CRIM CD-UNAUTHORIZED TAPING

House Sponsors
Rep. John J. Millner - Kathleen A. Ryg - Sidney H. Mathias - Paul D. Froehlich - Naomi D. Jakobsson, Patricia Bailey, Jim Sacia, Edward J. Acevedo, Careen Gordon, Gary Hannig, Sandra M. Pihos and Deborah L. Graham

Senate Sponsors
(Sen. Don Harmon - Ira I. Silverstein - Kirk W. Dillard - Jacqueline Y. Collins - Jeffrey M. Schoenberg)

Last Action
Date Chamber Action
7/30/2004 House Public Act . . . . . . . . . 93-0851

Statutes Amended In Order of Appearance
720 ILCS 5/26-4 from Ch. 38, par. 26-4


Synopsis As Introduced
Amends the Criminal Code of 1961 relating to unauthorized videotaping. Provides that it is unlawful for any person to knowingly videotape, photograph, or film another person or observe any videotape, photography, recording, or film of another person, without that person's consent if the videotaping, recording, or filming takes place in a dormitory room or suite or other private place, in addition to those currently listed, which include a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom. Increases the penalties for the offense.

House Amendment No. 1
Deletes everything after the enacting clause. Amends the Criminal Code of 1961. Provides that the offense of unauthorized videotaping consists of knowingly making a video record or transmission of live video made in violation of the statute (rather than videotaping, photographing, or filming). Exempts from a violation the making of a video record or transmission of live video in a locker room by a reporter or news medium, where the reporter or news medium has been granted access to the locker room by an appropriate authority for the purpose of conducting interviews. Provides that it is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video in violation of the statute. Provides that it is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, a video record or live video that he or she knows to have been made or transmitted in violation of the statute. Establishes penalties for these violations.
 
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