Delaware

Delaware Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections (2026)

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202612 min read

Delaware classifies voyeurism as a Class G felony under 11 Del. C. Section 1335, prohibiting secret recording or observation of people in private spaces where they have a reasonable expectation of privacy. Violations carry up to two years in prison, a stiffer penalty than the one-year maximum for general privacy offenses under the same statute.

Voyeurism is a serious criminal offense in Delaware that carries felony-level penalties. The state's primary anti-voyeurism protections are found in 11 Del. C. Section 1335, the same privacy statute that governs recording consent. While general violations of the privacy statute are Class A misdemeanors, voyeurism-related offenses receive enhanced treatment as Class G felonies, reflecting the legislature's recognition that secret recording in intimate settings causes particularly severe harm to victims.

This guide covers what constitutes voyeurism under Delaware law, the specific penalties, how the law applies to modern technology including hidden cameras and smartphone recording, and the legal remedies available to victims.

What Is Voyeurism Under Delaware Law?

The Statutory Framework

Delaware's voyeurism prohibitions are contained within 11 Del. C. Section 1335, the broader violation of privacy statute. The law addresses voyeurism through several subsections that target different forms of intrusive observation and recording.

Section 1335(a)(1) makes it a crime to trespass on private property for the purpose of eavesdropping or conducting surveillance. This provision covers situations where someone physically enters another person's property to observe or record them without permission.

Section 1335(a)(4) prohibits intercepting private communications without the consent of all parties. When applied to voyeurism contexts, this includes secretly recording people in settings where they have a reasonable expectation of privacy.

The statute's voyeurism provisions specifically target the act of secretly recording or observing another person in circumstances where the victim has a reasonable expectation of being free from such observation, particularly in spaces associated with nudity, undressing, or intimate activities.

Key Elements of a Voyeurism Charge

For prosecutors to secure a voyeurism conviction in Delaware, they generally must prove:

The defendant recorded or observed another person without their knowledge or consent
The victim was in a location where they had a reasonable expectation of privacy
The recording or observation was conducted secretly or through deceptive means
The defendant acted intentionally, not accidentally

What "Reasonable Expectation of Privacy" Means

The concept of reasonable expectation of privacy is central to Delaware voyeurism law. A person has this expectation when they are in a location or situation where a reasonable person would believe they are not being observed or recorded.

Locations where this expectation is strongest include:

Bathrooms and restrooms in homes, businesses, and public facilities
Bedrooms in private residences, hotels, and motels
Changing rooms and fitting rooms in retail stores, gyms, and recreational facilities
Locker rooms and showers in schools, gyms, pools, and workplaces
Medical examination rooms in hospitals, clinics, and doctors' offices
Hotel and motel rooms rented by guests
Tanning booths and salons where clients undress

Types of Voyeurism Covered by Delaware Law

Delaware privacy fence between two residential properties, wooden slats with slight gaps

Hidden Camera Voyeurism

The most commonly prosecuted form of voyeurism involves placing hidden cameras in private locations. This includes:

Bathroom cameras: Placing recording devices in bathrooms, whether in private homes, workplaces, or public restrooms
Bedroom cameras: Installing hidden cameras in bedrooms, including in rental properties, hotels, and Airbnb-type accommodations
Changing room cameras: Concealing recording devices in retail fitting rooms, gym locker rooms, or similar spaces
Upskirt and downblouse recording: Using hidden cameras to capture images under clothing or down shirts in public or private settings

Delaware law does not require that the hidden camera actually capture images of nudity or intimate activity. The act of placing the camera in a location where such images could reasonably be expected is sufficient for prosecution.

Peeping Tom Offenses

Traditional "peeping Tom" behavior, where someone physically looks into windows, through holes, or over barriers to observe people in private spaces, is covered under Section 1335(a)(1)'s trespass-to-eavesdrop provision. This applies whether the person uses their own eyes, binoculars, or other visual aids.

Digital and Technology-Enabled Voyeurism

Modern technology has expanded the methods available for voyeuristic conduct. Delaware law covers:

Smartphones used to record under clothing or in private areas
Drones equipped with cameras flown to capture images through windows or over private fenced areas
Wi-Fi enabled hidden cameras disguised as everyday objects (clocks, smoke detectors, electrical outlets)
Hacking security cameras to view private spaces without authorization
Screen recording or intercepting private video calls or video chat sessions

Non-Consensual Intimate Image Distribution

Delaware enacted 11 Del. C. Section 1335A, which specifically addresses the non-consensual dissemination of intimate images. This provision targets the distribution of intimate or sexually explicit images without the subject's consent, providing dedicated statutory coverage beyond the general privacy protections of Section 1335. Sharing voyeuristic images also remains a separate offense under Section 1335. Federal law also provides protection through the Video Voyeurism Prevention Act.

Criminal Penalties for Voyeurism in Delaware

Delaware locker room bench with a combination lock and towel, no people, clean institutio

Class G Felony for Voyeurism Offenses

Voyeurism-related violations of 11 Del. C. Section 1335 are classified as a Class G felony in Delaware. Under 11 Del. C. Section 4205, Class G felony sentencing includes:

Up to 2 years in prison
Fines as determined by the court
A permanent felony record
Potential sex offender registration requirements

Enhanced Penalties for Aggravating Factors

Voyeurism penalties may be enhanced when aggravating factors are present:

Victims are minors: Recording minors in voyeuristic contexts can result in additional charges under child exploitation statutes, including federal charges under 18 U.S.C. Section 2251 (sexual exploitation of children)
Distribution of recordings: Sharing or distributing voyeuristic images or video adds separate counts to the criminal charges
Multiple victims: Each victim constitutes a separate count, and penalties can be imposed consecutively
Pattern of conduct: Repeat offenders face the possibility of habitual offender enhancements

Comparison of Penalty Levels

Offense Type	Classification	Max Prison	Key Factor
General privacy violation	Class A Misdemeanor	1 year	Recording private conversation
Voyeurism (Section 1335)	Class G Felony	2 years	Recording in intimate private space
Wiretapping (Section 2402)	Class E Felony	5 years	Intercepting communications
Child exploitation (federal)	Federal Felony	15-30 years	Minor victim

Federal Voyeurism Laws That Apply in Delaware

Delaware small usb charger plugged into a wall outlet with a tiny lens visible on the fac

Video Voyeurism Prevention Act (18 U.S.C. Section 1801)

The federal Video Voyeurism Prevention Act applies to voyeurism committed on federal property within Delaware, including federal courthouses, military installations, and national parks. This law makes it a federal crime to photograph or record a private area of an individual without their consent when that individual has a reasonable expectation of privacy.

Federal penalties include:

Fines under federal sentencing guidelines
Up to 1 year in federal prison for a first offense

TAKE IT DOWN Act (May 2026)

Congress enacted the TAKE IT DOWN Act, signed into law on May 19, 2026. The Act creates a federal cause of action and criminal penalties for the non-consensual publication of intimate visual depictions, including AI-generated (deepfake) intimate images. It requires online platforms to remove reported non-consensual intimate images within 48 hours of a valid takedown notice. For Delaware voyeurism victims whose images have been shared online, the TAKE IT DOWN Act provides a federal pathway for rapid removal and civil or criminal recourse that operates alongside Delaware's state-law remedies under 11 Del. C. Section 1335A and Section 1335.

When voyeurism involves minors, federal laws including the PROTECT Act and 18 U.S.C. Section 2252 may apply alongside Delaware state law. Federal prosecution is particularly likely when:

Images cross state lines through the internet or electronic transmission
The conduct occurs on federal property
The case involves organized or commercial distribution

Civil Remedies for Voyeurism Victims

Lawsuits Under 11 Del. C. Section 2409

Victims of voyeurism in Delaware can file civil lawsuits under 11 Del. C. Section 2409. The statute provides for:

Actual damages with a minimum of $100 per day of violation or $1,000, whichever is greater
Punitive damages to punish particularly egregious conduct
Attorney fees and litigation costs

Additional Civil Claims

Beyond the statutory remedy, voyeurism victims may pursue additional common-law claims:

Invasion of privacy (intrusion upon seclusion): A tort claim for intentionally intruding on someone's private affairs in a manner that would be highly offensive to a reasonable person
Intentional infliction of emotional distress: When the voyeuristic conduct is so outrageous that it causes severe emotional harm
Negligent security: Against property owners (such as hotels, gyms, or landlords) who failed to protect against foreseeable voyeurism on their premises

Protective Orders

Victims can also seek protective orders (restraining orders) against voyeurism perpetrators through the Delaware Family Court or Court of Common Pleas, depending on the relationship between the parties.

Voyeurism in Specific Settings

Rental Properties and Airbnb Accommodations

Landlords and property hosts who install hidden cameras in rental units commit voyeurism under Delaware law. Tenants and guests have a reasonable expectation of privacy in rented spaces. This applies to:

Long-term rental apartments and houses
Short-term vacation rentals listed on Airbnb, VRBO, and similar platforms
Hotel and motel rooms
Bed and breakfast establishments

Property owners may use security cameras in common areas (lobbies, parking lots, building entrances) but never in private living spaces. For more information, see our guide on Delaware landlord-tenant recording laws.

Workplace Voyeurism

Employers who install hidden cameras in employee restrooms, changing areas, or other private spaces violate Delaware's voyeurism laws. The Title 19 Section 705 notice requirement does not authorize surveillance in areas where employees have a privacy expectation. Workplace voyeurism by supervisors, coworkers, or employers can result in both criminal prosecution and civil liability.

Schools and Educational Facilities

Voyeurism in school settings is treated with particular severity. Hidden cameras in student restrooms, locker rooms, or other private areas can result in felony charges under state law and federal charges if minors are involved. School staff, students, and visitors are all subject to these prohibitions. For more details, see our guide on Delaware school recording laws.

How to Detect Hidden Cameras

Physical Inspection

If you suspect a hidden camera in a private space, look for:

Small holes in walls, ceilings, or objects at eye level or above
Unusual objects that seem out of place (clocks, smoke detectors, electrical outlets, phone chargers)
Tiny LED lights, especially those that glow in the dark
Objects positioned to face areas where you undress or use the bathroom

Technology-Based Detection

RF detectors: Radio frequency detectors can identify wireless cameras that transmit signals
Infrared scanners: Many cameras use infrared LEDs for night vision that can be detected with a smartphone camera
Network scanners: Apps that scan Wi-Fi networks can reveal connected camera devices
Professional sweeps: Security professionals can conduct thorough electronic sweeps of spaces

What to Do If You Find a Hidden Camera

If you discover a hidden camera in Delaware:

Do not touch or remove the camera, as it is evidence
Document its location with photos from your own device
Contact local law enforcement immediately to file a police report
Preserve any evidence of who had access to the space
Consult with an attorney about your civil remedies

Reporting Voyeurism in Delaware

Law Enforcement

To report voyeurism, contact:

Local police: For incidents occurring in cities and towns
Delaware State Police: For incidents in unincorporated areas or when local police are unavailable
FBI: For incidents involving minors, interstate distribution, or federal property

Delaware Department of Justice

The Delaware Attorney General's office investigates and prosecutes serious privacy crimes. Victims can file complaints through the AG's website or by calling the Consumer Protection Unit.

More Delaware Laws

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Frequently Asked Questions

Is voyeurism a felony in Delaware?

Yes. Voyeurism-related violations of 11 Del. C. Section 1335 are classified as a Class G felony, punishable by up to 2 years in prison. This is a more serious penalty than general privacy violations, which are Class A misdemeanors carrying up to 1 year in jail.

Are hidden cameras illegal in Delaware?

Hidden cameras are illegal in Delaware when placed in locations where people have a reasonable expectation of privacy, such as bathrooms, bedrooms, changing rooms, and locker rooms. Video-only cameras in public areas or common spaces of a property are generally legal, but hidden cameras in private spaces constitute voyeurism under 11 Del. C. Section 1335.

Can a landlord install hidden cameras in a rental property in Delaware?

No. Landlords cannot install hidden cameras in areas where tenants have a reasonable expectation of privacy, including bedrooms, bathrooms, and living spaces within the rental unit. Doing so constitutes voyeurism and is a Class G felony. Landlords may only use visible security cameras in common areas such as lobbies, parking lots, and building entrances.

What should I do if I find a hidden camera in a hotel or Airbnb in Delaware?

Do not touch or remove the camera, as it is evidence. Take photos documenting its location, then contact local law enforcement to file a police report. You should also notify the hotel management or platform (such as Airbnb) and consult with an attorney about pursuing civil damages under 11 Del. C. Section 2409.

Can I sue someone for voyeurism in Delaware?

Yes. Victims of voyeurism can file civil lawsuits under 11 Del. C. Section 2409 and recover at least $100 per day of violation or $1,000, whichever is greater, plus punitive damages and attorney fees. Additional claims for invasion of privacy and intentional infliction of emotional distress may also be available.

Sources and References

Delaware Code Title 11, Section 1335 - Violation of Privacy(delcode.delaware.gov).gov
Delaware Code Title 11, Section 2402 - Interception of Communications(delcode.delaware.gov).gov
Delaware Code Title 11, Section 4205 - Felony Sentencing(delcode.delaware.gov).gov
Delaware Code Title 19, Section 705 - Employer Monitoring(delcode.delaware.gov).gov
18 U.S.C. Section 1801 - Video Voyeurism Prevention Act(law.cornell.edu)
Delaware Attorney General(attorney.delaware.gov).gov
18 U.S.C. Section 2251 - Sexual Exploitation of Children(law.cornell.edu)

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Delaware

Delaware Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections (2026)

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202612 min read