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

Delaware classifies voyeuristic recording as a Class G felony under 11 Del. C. Section 1335(a)(6) and (a)(7), which prohibit recording a person who is getting dressed, undressing, or exposed in a place where people normally disrobe, and secretly recording under or through a person's clothing. These felony 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 most violations of the privacy statute are Class A misdemeanors, voyeuristic recording under paragraphs (a)(6) and (a)(7) receives enhanced treatment as a Class G felony, 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)(2) makes it a crime to install, in any private place and without the consent of the people entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in that place. Like (a)(1), this is a Class A misdemeanor.

The felony voyeurism provisions are Section 1335(a)(6) and (a)(7). Paragraph (a)(6) covers recording, photographing, filming or otherwise reproducing the image of a person who is getting dressed or undressed, or whose genitals, buttocks or breasts are exposed, without consent, in any place where people normally disrobe (such as a fitting room, dressing room, locker room or bathroom) where there is a reasonable expectation of privacy. It does not apply to a parent or guardian acting in their own dwelling or on their own property when the subject is their own minor child who lives there, unless the acts are intended to produce sexual gratification for any person. Paragraph (a)(7) covers secretly recording another person under or through their clothing to view their body or undergarments. Both are Class G felonies.

Section 1335(a)(4), by contrast, prohibits intercepting private communications, including private conversations, without the consent of all parties. It is a communications-interception provision rather than a voyeurism provision.

Key Elements of a Voyeurism Charge

The elements depend on the paragraph charged:

• Section 1335(a)(6): the defendant recorded, photographed, filmed, or otherwise reproduced the image of a person who was dressing, undressing, or exposed, without consent, in a place where people normally disrobe and have a reasonable expectation of privacy. Secrecy is not required, so openly recording someone in a locker room without consent can still be a felony.
• Section 1335(a)(7): the defendant secretly or surreptitiously recorded under or through a person's clothing to view their body or undergarments.
• Section 1335(a)(2): the defendant installed a device for observing, photographing, or recording in a private place without the consent of the people entitled to privacy there.

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

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

Installing a recording device in a private place without the consent of the people entitled to privacy there is itself a crime under Section 1335(a)(2), a Class A misdemeanor, even if the camera never captures an image of nudity or intimate activity. The Class G felony under Section 1335(a)(6), however, requires that the image of a person who was dressing, undressing, or exposed was actually recorded or reproduced.

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, a Class A misdemeanor, when the person trespasses on property to do it. This applies whether the person uses their own eyes, binoculars, or other visual aids. Delaware also has a specific offense, 11 Del. C. Section 820, for knowingly entering the occupied property of a dwelling intending to peer or peep into a window or door, a class B misdemeanor.

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 addresses the non-consensual dissemination of intimate images within 11 Del. C. Section 1335(a)(9), which prohibits knowingly reproducing, distributing, or disseminating a visual depiction of a person who is nude or engaging in sexual conduct without consent. A basic violation is a Class A misdemeanor, and it becomes a Class G felony when one of the statute's listed aggravating factors applies. This provision is part of the same privacy statute that covers voyeurism, providing dedicated statutory coverage for image-sharing offenses alongside the general privacy protections of Section 1335. Federal law also provides protection through the TAKE IT DOWN Act, described below.

Criminal Penalties for Voyeurism in Delaware

Class G Felony for Voyeurism Offenses

Violations of 11 Del. C. Section 1335(a)(6) and (a)(7) are classified as a Class G felony in Delaware, as are aggravated violations of (a)(9). Other violations of Section 1335, including trespassing to conduct surveillance under (a)(1) and installing a device in a private place under (a)(2), are Class A misdemeanors. 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

Federal Voyeurism Laws That Apply in Delaware

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

The federal Video Voyeurism Prevention Act applies only within the special maritime and territorial jurisdiction of the United States, meaning federal enclaves where the United States holds exclusive or concurrent jurisdiction, which can include military installations in Delaware. 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:

• Up to 1 year in federal prison, a fine, or both

TAKE IT DOWN Act (May 2025)

Congress enacted the TAKE IT DOWN Act, signed into law on May 19, 2025. The Act makes it a federal crime to knowingly publish non-consensual intimate visual depictions, including AI-generated (deepfake) intimate images, and since May 19, 2026 it has required covered online platforms to remove a reported image within 48 hours of a valid request, with the Federal Trade Commission enforcing that duty. The Act does not create a right to sue. A separate federal law, 15 U.S.C. Section 6851, lets a person sue someone who disclosed their intimate images without consent. For Delaware voyeurism victims whose images have been shared online, these federal tools operate alongside Delaware's state-law protections under 11 Del. C. Section 1335(a)(9) and the rest of Section 1335.

PROTECT Act and Child-Related Voyeurism

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

When the Wiretap Remedy Applies (11 Del. C. Section 2409)

11 Del. C. Section 2409 gives a civil claim only to a person whose wire, oral, or electronic communication was intercepted, disclosed, or used in violation of Delaware's wiretap act. It does not cover hidden-camera images alone. If a hidden device also recorded your private conversations, the statute provides for:

• Actual damages, but not less than $100 a day of violation or $1,000, whichever is higher
• Punitive damages
• Attorney fees and litigation costs

Common-Law Claims

For hidden-camera images, voyeurism victims usually rely on 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:

1. Do not touch or remove the camera, as it is evidence
2. Document its location with photos from your own device
3. Contact local law enforcement immediately to file a police report
4. Preserve any evidence of who had access to the space
5. 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.

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 voyeurism a felony in Delaware?

Yes. Recording a person who is undressing or exposed in a place where people normally disrobe, or recording under a person's clothing, is a Class G felony under 11 Del. C. Section 1335(a)(6) and (a)(7), punishable by up to 2 years in prison. This is a more serious penalty than other privacy violations under the statute, such as installing a hidden device in a private place, 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. Installing such a device is a crime under 11 Del. C. Section 1335(a)(2), and recording a tenant who is undressing or exposed in a place where people normally disrobe is a Class G felony under Section 1335(a)(6). 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 civil claims such as invasion of privacy.

Can I sue someone for voyeurism in Delaware?

Yes. Voyeurism victims usually sue under common-law claims such as invasion of privacy (intrusion upon seclusion) and intentional infliction of emotional distress. Delaware's wiretap civil remedy, 11 Del. C. Section 2409, which allows at least $100 per day of violation or $1,000, whichever is higher, plus punitive damages and attorney fees, applies only if the device also intercepted your private conversations. If your intimate images were shared without consent, a federal law, 15 U.S.C. Section 6851, also allows a lawsuit.