Delaware
Delaware Video Recording Laws: Consent Rules, Surveillance, and Penalties (2026)
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 5 primary sources cited on this page. How we verify our legal content
In Delaware, silent video recording is legal in public spaces where no reasonable expectation of privacy exists. Adding audio of a private conversation brings in two conflicting statutes: 11 Del. C. Section 1335 requires all-party consent, while 11 Del. C. Section 2402(c)(4) lets a participant record. Installing a camera in a private place such as a bathroom or bedroom without the consent of the people entitled to privacy there is a crime.
Delaware does not have a single, comprehensive video recording statute. Instead, the legality of video recording in Delaware depends on several factors: whether the recording captures audio, where the recording takes place, and whether the subjects have a reasonable expectation of privacy. Understanding these distinctions is essential for anyone using video cameras, security systems, or recording devices in the state.
The primary statutes that affect video recording in Delaware are the wiretapping law (11 Del. C. Section 2402), the privacy law (11 Del. C. Section 1335), and federal constitutional protections that allow recording in public spaces. The key principle is that video-only recording (without audio) in public places is generally permitted, but capturing audio or recording in private spaces introduces additional legal requirements.
Video-Only Recording vs. Video with Audio
When Video-Only Recording Is Legal
Delaware's recording statutes primarily address the interception of communications, which means audio content. Pure video recording that does not capture any audio falls outside the scope of both the wiretapping statute and the privacy statute's communication interception provisions.
Video-only recording is generally legal in Delaware when:
- The recording takes place in a public space such as a street, park, government building, or business open to the public
- There is no reasonable expectation of privacy in the location being recorded
- The recording does not capture private areas such as bathrooms, changing rooms, or bedrooms
- The recording is not conducted for voyeuristic purposes
When Audio Changes the Legal Analysis
The moment a video recording device captures audio of a private conversation, Delaware's consent requirements apply. Under 11 Del. C. Section 1335(a)(4), intercepting any private communication without the consent of all parties is a criminal offense. Delaware's wiretap act points the other way: 11 Del. C. Section 2402(c)(4) makes it lawful for a party to a conversation, or someone with one party's consent, to record it, unless the recording is made to commit a crime or tort. No controlling Delaware court decision has resolved the conflict.
In practice, a security camera with a microphone that picks up other people's private conversations has no participant's consent, so both statutes reach it. If you are part of the conversation you are filming with a smartphone, the law is unsettled, and the cautious course is to get everyone's consent. The distinction between video-only and video-with-audio is critical for compliance.
Video Recording in Public Spaces
General Rules for Public Recording
The Third Circuit, which covers Delaware, held in Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017), that the First Amendment protects recording police officers performing their official duties in public, subject to reasonable time, place, and manner restrictions. Recording other events in public is generally lawful because Delaware's privacy statutes protect private places and private conversations.
Public spaces where video recording is generally permitted include:
- Public streets, sidewalks, and parks
- Government buildings during business hours and public meetings
- Retail stores and businesses open to the public (subject to the property owner's right to set recording policies)
- Public events, rallies, and demonstrations
- Courthouses (subject to specific court rules)
Restrictions on Public Video Recording
Even in public spaces, certain restrictions may apply:
- Private property rules: Business owners can prohibit video recording on their premises as a condition of entry.
- Court restrictions: Individual judges may restrict recording in courtrooms.
- Interference with official duties: Recording that physically interferes with law enforcement or emergency services may result in obstruction charges.
- National security areas: Federal facilities, military installations, and other restricted areas may prohibit all recording.
Video Surveillance in Private Spaces
Reasonable Expectation of Privacy
The legality of video recording in private spaces depends on whether the individuals being recorded have a reasonable expectation of privacy. Delaware courts consider several factors:
- Whether the area is enclosed or open
- Whether the area is accessible to the public or restricted
- Whether signs or notices inform people about recording
- The purpose of the recording
- Whether the recording captures areas where intimate activities normally occur
Areas Where Video Surveillance Is Prohibited
Delaware makes it a crime to install a camera or other recording device in a private place without the consent of the people entitled to privacy there (11 Del. C. Section 1335(a)(2), a class A misdemeanor), and a class G felony to record a person who is undressing or exposed, without consent, in a place where people normally disrobe (Section 1335(a)(6)). Private places of this kind include:
- Bathrooms and restrooms: Both private homes and commercial establishments
- Bedrooms: In private residences and hotels
- Changing rooms and fitting rooms: In retail stores and other businesses
- Medical examination rooms: Where patients have a heightened expectation of privacy
- Any area where nudity or intimate activity is expected: Including locker rooms and showers
Recording in these areas without consent violates 11 Del. C. Section 1335, and recording someone undressing there is a class G felony.
Delaware Body-Worn Camera Law
Requirements for Law Enforcement
Delaware enacted body-worn camera legislation through House Bill 195, codified at 11 Del. C. Section 8402A. This law establishes requirements for how law enforcement officers use body-worn cameras during their duties.
Key provisions of the law include:
- Police officers, and certain probation and parole officers, must wear a body-worn camera while on duty in a role likely to involve interactions with the public
- They must use the camera to record interactions with the public while on duty
- The statute leaves the operating details to regulations adopted under 11 Del. C. Sections 8404 and 4321 and 29 Del. C. Section 9003
Retention and Access
Requests for body camera footage go through Delaware's Freedom of Information Act (29 Del. C. Chapter 100). The Act has no provision specific to body cameras, but its exemptions apply, including the one for investigatory files compiled for civil or criminal law-enforcement purposes, such as pending investigations.
Video Recording in the Workplace
Employer Video Surveillance Rules
Delaware employers may use video surveillance in the workplace, but they must comply with several requirements:
Title 19 Section 705 notice: Title 19 Section 705 requires employers to give notice before monitoring or intercepting employees' telephone calls, email, or internet use, with a civil penalty of $100 per violation. It does not regulate workplace video cameras or camera audio of in-person conversations; that audio is governed by the consent rules in 11 Del. C. Sections 1335 and 2402.
Location restrictions: Employers cannot install video cameras in areas where employees have a reasonable expectation of privacy, including:
- Restrooms and changing areas
- Break rooms designated as private
- Union meeting rooms
- Areas specifically designated for personal use
Signage and disclosure: While not specifically required by Delaware statute for video-only surveillance, best practices call for employers to post visible signs indicating that video recording is in progress and to include video surveillance policies in employee handbooks.
Employee Rights
Employees who believe they are being subjected to unlawful video surveillance in the workplace have several options:
- Reporting a hidden camera in a restroom, changing area, or other private area to local police
- Reporting potential privacy violations to the Delaware Attorney General
- Consulting with an employment attorney about civil remedies
- Documenting the surveillance activity and any related privacy concerns
Criminal Penalties for Illegal Video Recording
Privacy Violations Under Section 1335
Illegal video recording that violates Delaware's privacy statute is generally classified as a Class A misdemeanor, punishable by:
- Up to 1 year in jail
- A fine of up to $2,300
- Or both
Voyeurism-Related Offenses
Certain video recording offenses involving voyeurism are elevated to a Class G felony under Section 1335. These include recording in private areas where victims have a reasonable expectation of nudity or intimate privacy. Class G felony penalties include:
- Up to 2 years in prison
- Fines as determined by the court
- Potential sex offender registration requirements
Wiretapping Charges for Video with Audio
If a video recording captures a private conversation the recording party is not part of, without any participant's consent, the recording party may face wiretapping charges under 11 Del. C. Section 2402, which is a Class E felony carrying:
- Up to 5 years in prison
- A fine of up to $10,000
| Offense | Classification | Max Prison | Max Fine |
|---|---|---|---|
| Video privacy violation (Section 1335) | Class A Misdemeanor | 1 year | $2,300 |
| Voyeurism (Section 1335) | Class G Felony | 2 years | Varies |
| Video with illegal audio (Section 2402) | Class E Felony | 5 years | $10,000 |
Civil Liability for Illegal Video Recording
If a recording intercepted your conversation in violation of Delaware's wiretap act, you can sue under 11 Del. C. Section 2409. Available damages include:
- Actual damages, but not less than $100 a day of violation or $1,000, whichever is higher
- Punitive damages
- Attorney fees and litigation costs
That remedy covers intercepted communications only. For video-only recording, the civil claims are common-law ones, such as invasion of privacy, intentional infliction of emotional distress, and trespass if the recording involved unauthorized entry onto private property.
Video Recording Technology Considerations
Drones and Aerial Video
Drone operators in Delaware must comply with both federal FAA regulations and state privacy laws. While the FAA governs airspace and drone operation safety, Delaware's privacy statute applies to any video captured by drones that intrudes into areas where people have a reasonable expectation of privacy. Delaware's drone statute, 11 Del. C. Section 1334, bars flying over events with more than 1,500 people, critical infrastructure, or an active emergency response, and bars using a drone to commit certain Section 1335 privacy offenses against a person on private property, such as installing or using a device to record in a private place or picking up private conversations.
Ring Doorbells and Smart Home Cameras
Smart home video devices such as Ring doorbells, Nest cameras, and similar products are generally legal when installed on your own property and pointed at areas visible from public spaces. However, if these devices capture audio of private conversations you are not part of, both Section 1335 and the wiretap act can apply. For conversations you take part in, such as speaking with a visitor through the doorbell, the two statutes conflict, so telling visitors that audio is recorded is the safe course.
Homeowners should be mindful of:
- Positioning cameras to avoid recording neighbors' private areas
- Configuring audio settings to comply with consent requirements
- Understanding that footage captured by these devices may be subject to law enforcement requests
Dash Cameras
Video dash cameras that record the road and exterior of the vehicle are generally legal in Delaware. If the dash camera also records audio inside the vehicle, Section 1335 calls for all-party consent to record private conversations between occupants, while the wiretap act lets a participant record. Because no controlling court decision resolves the conflict, tell passengers that audio is on. For more details, see our guide on Delaware dashcam laws.
Using Video Recordings as Evidence
Admissibility in Delaware Courts
For a video recording to be admissible as evidence in Delaware court proceedings:
- The recording must have been obtained legally
- The party presenting the recording must authenticate it and demonstrate that it has not been altered
- A proper chain of custody must be established
- The recording must be relevant to the issues in the case
Best Practices for Evidentiary Video
If you expect to use a video recording as legal evidence:
- Use high-quality recording equipment with date and time stamps
- Preserve the original recording file without any editing
- Document the circumstances of the recording (who, what, when, where)
- Store the recording securely with backup copies
- Consult with a Delaware attorney about proper procedures
Explore More Delaware Recording Laws
Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording
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Frequently Asked Questions
Is it legal to record video without audio in Delaware?
Yes, video-only recording (without audio) is generally legal in Delaware in public spaces where there is no reasonable expectation of privacy. However, installing a camera in a private area such as a bathroom, bedroom, or changing room without the consent of the people entitled to privacy there is a crime, whether or not audio is captured.
Do I need consent to record video with audio in Delaware?
To be safe, yes. When a video recording captures audio of a private conversation, Delaware's privacy statute, 11 Del. C. Section 1335, calls for the consent of all parties, while the wiretap act, 11 Del. C. Section 2402(c)(4), lets a participant record, and no controlling court decision resolves the conflict. If you are not part of the conversation and have no participant's consent, both statutes prohibit it. Get permission from every person whose private conversation is being recorded.
Can my employer install security cameras in the workplace in Delaware?
Employers can install video cameras in common work areas, but they cannot place cameras in areas where employees have a reasonable expectation of privacy, such as restrooms and changing rooms. If cameras capture audio of employees' conversations, Delaware's consent statutes (11 Del. C. Sections 1335 and 2402) apply; Title 19 Section 705's notice rule covers phone, email, and internet monitoring rather than cameras.
What are the penalties for illegal video recording in Delaware?
General privacy violations are Class A misdemeanors carrying up to 1 year in jail and a $2,300 fine. Voyeurism-related offenses are Class G felonies with up to 2 years in prison. If the video captures a conversation you are not part of, without any participant's consent, wiretapping charges (Class E felony) can apply, carrying up to 5 years in prison and a $10,000 fine.
Are doorbell cameras legal in Delaware?
Yes, doorbell cameras are generally legal in Delaware when installed on your own property and directed toward areas visible from public spaces. However, if the camera records audio of private conversations you are not part of, Delaware's consent statutes can make that a crime, so consider disabling audio. Position cameras to avoid recording neighbors' private areas.
Updates
We corrected the drone section to describe Delaware's drone statute, replaced an unsourced list of body camera release exemptions with the Freedom of Information Act's investigatory-files exemption, and removed advice to file workplace camera complaints with the Department of Labor, which has no such role.
We corrected this page to explain that Delaware's privacy statute and wiretap act conflict on whether a participant may record audio, that the wiretap felony and its civil damages apply to intercepting conversations you are not part of, that Delaware's private-place camera offenses turn on consent, that the employee-monitoring notice law does not cover cameras, what the body-worn camera statute actually requires, and the scope of the Third Circuit's Fields decision.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Spoke-propagation audit. Confirmed no wrong 19 Del. C. Section 1335 cites (correct title is 11 Del. C.). All citations use delcode.delaware.gov canonical URLs. Two-statute conflict (11 Del. C. Section 2402 one-party vs. Section 1335 all-party) verified present. No em-dash violations found.
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Delaware Code, Title 11 (Crimes and Criminal Procedure), Chapter 005 (SPECIFIC OFFENSES)
§ 1335Violation of privacy; class A misdemeanor; class G felony.In forcecited in 21 of our articles
(a) A person is guilty of violation of privacy when, except as authorized by law, the person: (1) Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or (2) Installs in any private place, without consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in that place; or (3) Installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there; or (4) Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating privately, including private conversation; or (5) Divulges without the consent of the sender and the receiver the existence or contents of any message by telephone, telegraph, letter or other means of communicating privately if the accused knows that the message was unlawfully intercepted or if the accused learned of the message in the course of…
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Pulgini (1976) held 11 Del. C. 1335 does not reach police acts covered by sections 1336 and 1431, so a police interception made with one party's consent was lawful. State of Delaware v. Steven Wu (2026) construed 1335(a)(9)(b) as protecting confidentiality from third parties regardless of whether the relationship has ended.
Opinions citing this section in our collection:
- State v. Pulgini (Superior Court of Delaware 1976, 366 A.2d 1198)✓Police recorded a call between the defendant and an informant with the informant's consent but no court order. The court held section 1335 does not apply to police acts covered by sections 1336 and 1431, and one-party consent made the interception lawful.
- State of Delaware v. Steven Wu (Delaware Court of Common Pleas 2026)✓Charged after leaving printed intimate photos from a past affair in the woman's shared mailbox, a man sought a pretrial ruling on section 1335(a)(9)(b). On uncontested facts, the court read beyond that relationship as disclosure outside the private relationship, ended or not.
- Duffy v. State (Supreme Court of Delaware 2019)“…er 2017, Duffy was indicted for Violation of Privacy under 11 Del. C. § 1335(a)(7). The charges arose from Duffy tak…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Wiretap Act and ECPA: The Complete Guide (2026), Delaware Recording Laws (2026): Two-Statute Consent Conflict, Delaware Landlord-Tenant Recording Laws: Surveillance, Privacy Rights, and Legal Limits (2026)
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 441 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,045 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Griggs-Ryan v. Smith (1990) applied the Section 2511(2)(d) prior-consent exception, treating a tenant repeatedly told that all incoming calls were taped as having impliedly consented. United States v. United States District Court (1972) read the then-current Section 2511(3) as conferring no presidential surveillance power.
Opinions citing this section in our collection:
- Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511)✓The Attorney General authorized a warrantless 1970 national security wiretap that caught the plaintiff's calls; the Court held the since-repealed Section 2511(3) disclaimer left the tap lawful under Title III, and that Mitchell had qualified immunity.
- United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297)✓The Attorney General approved warrantless wiretaps on members of a domestic group accused of bombing a CIA office; the Court read Section 2511(3) as a congressional disclaimer conferring no surveillance power, then held the Fourth Amendment required prior judicial approval.
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Dallas police used, in an internal affairs probe of an officer, calls private parties allegedly intercepted illegally; assuming that was unlawful, the Fifth Circuit held Section 2517(1) and (2) allowed the disclosure and use, defeating the Section 2511(1)(c) and (d) claims.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can an Employer Record Conversations Without Consent? (2026), Can I Record My Boss Harassing Me? State-by-State Legal Guide (2026), Can I Sue Someone for Recording Me on Private or Public Property?
Sources and References
- Delaware Code Title 11, Section 2402 - Interception of Communications(delcode.delaware.gov).gov
- Delaware Code Title 11, Section 1335 - Violation of Privacy(delcode.delaware.gov).gov
- Delaware Code Title 11, Section 8402A - Body-Worn Cameras(delcode.delaware.gov).gov
- 19 Del. C. Section 705 - Notice of Monitoring of Telephone, Email and Internet Usage(delcode.delaware.gov).gov
- Delaware Code Title 29, Chapter 100 - FOIA(delcode.delaware.gov).gov
- 18 U.S.C. Section 2511 - Federal Wiretap Act(law.cornell.edu)
- RCFP Delaware Recording Guide(rcfp.org)