Massachusetts Video Recording Laws
Massachusetts draws a critical legal line between silent video recording and video that captures audio. Under Mass. Gen. Laws ch. 272, Section 99, secretly recording any conversation on video is a felony punishable by up to 5 years in state prison and a $10,000 fine. Silent video recording in public spaces is generally permitted, but the moment audio is captured secretly, the full force of the wiretap statute applies.
This guide explains how Massachusetts law treats different types of video recording, the separate voyeurism statutes, the 2024 revenge porn law, and the severe penalties for violations.
How the Wiretap Statute Applies to Video Recording
The Audio Trigger
The Massachusetts wiretap statute under Section 99 specifically targets the interception of "wire or oral communications." Video recording itself is not directly addressed by the wiretap statute. However, when a video captures audio of a conversation, the audio component triggers the full scope of Section 99.
This means:
- Silent video recording in public spaces is generally not regulated by the wiretap statute
- Video with audio that captures conversations secretly is a felony under Section 99
- Hidden cameras with microphones violate the wiretap statute whenever they capture spoken words
- Video calls (FaceTime, Zoom, Teams) that are secretly recorded violate Section 99 because they contain audio
The Secrecy Standard Applied to Video
Massachusetts courts apply the same "secrecy" analysis to video recording with audio as they do to pure audio recording. If all parties to a conversation know that video recording with audio is occurring, the recording is generally legal. If the video recording is hidden and captures audio without the knowledge of all parties, it is a felony.
A visible camera pointed at a meeting table, with all participants aware of its presence, does not violate Section 99. A hidden camera in the same room that captures the conversation without anyone knowing violates the statute regardless of the recorder's reasons.
Silent Video Recording in Massachusetts
Public Spaces
Silent video recording in Massachusetts public spaces is generally legal. Massachusetts has no broad statute prohibiting the act of filming in public areas where people have no reasonable expectation of privacy. You can generally record silent video:
- On public sidewalks and streets
- In parks and open public areas
- At public events, rallies, and demonstrations
- In commercial areas open to the public (with the property owner's permission)
However, silent video recording can still violate other laws if it involves:
- Voyeuristic content targeting intimate body parts (Section 105)
- Trespassing on private property to film
- Harassment or stalking through persistent, unwanted filming
- Recording in areas where people have a reasonable expectation of privacy (restrooms, changing rooms, private offices)
Private Property
On private property, the property owner or occupant controls whether video recording is permitted. A homeowner, business owner, or tenant can prohibit video recording on their premises. Recording on private property after being told to stop could result in trespassing charges.
Businesses that install security cameras on their own property must still comply with the wiretap statute if those cameras capture audio. Silent security cameras are generally permissible, but cameras with microphones that secretly record employee or customer conversations violate Section 99.
Video Voyeurism: Section 105
What the Law Prohibits
Massachusetts has a separate statute specifically targeting invasive visual recording. Mass. Gen. Laws ch. 272, Section 105 prohibits:
- Photographing, videotaping, or electronically surveilling a person's sexual or other intimate parts without consent
- "Upskirting" or recording under or around clothing without consent
- Recording in private areas such as restrooms, changing rooms, locker rooms, or dressing rooms where a person has a reasonable expectation of privacy
- Disseminating images or video obtained through voyeuristic recording
Penalties for Video Voyeurism
| Offense | Maximum Prison Term | Maximum Fine |
|---|---|---|
| Voyeuristic recording of an adult | 2.5 years (house of correction) or 5 years (state prison) | $5,000 |
| Voyeuristic recording of a minor (under 18) | 2.5 years (house of correction) or 5 years (state prison) | $10,000 |
| Dissemination of voyeuristic material involving a minor | Up to 10 years (state prison) | $10,000 |
The legislature strengthened Section 105 in 2014 after the Supreme Judicial Court ruled in Commonwealth v. Robertson that the existing peeping tom statute did not cover "upskirting" in public places. The legislature acted within days to close this gap, enacting Chapter 16 of the Acts of 2014.
How Section 105 Differs From Section 99
Section 99 (the wiretap statute) and Section 105 (the voyeurism statute) address different conduct:
- Section 99 targets secret audio recording of communications. It applies whenever audio is captured without the knowledge of all parties.
- Section 105 targets invasive visual recording of intimate body parts. It applies regardless of whether audio is captured.
A single recording can violate both statutes simultaneously. For example, a hidden camera in a changing room that captures both video and audio violates Section 105 (voyeuristic recording) and Section 99 (secret audio interception).
Revenge Porn and Non-Consensual Intimate Images
The 2024 Law: St. 2024, Ch. 118
In September 2024, Massachusetts enacted St. 2024, ch. 118, a comprehensive law addressing non-consensual sharing of intimate images. Governor Maura Healey signed the legislation, which:
- Criminalizes distributing explicit images or video without the subject's consent
- Covers AI-generated deepfakes that depict a person in intimate situations without their consent
- Imposes fines of up to $5,000 for a first offense and up to 2.5 years in a house of correction
- Creates a juvenile diversion program for minors involved in sharing explicit images
- Extends the statute of limitations for certain domestic violence offenses from 6 to 15 years
- Provides civil remedies for victims, including the ability to seek injunctive relief and damages
This law closed a significant gap in Massachusetts law. Before its passage, Massachusetts was one of the few states without a specific revenge porn statute.
Who Is Protected
The law protects any person whose intimate images are shared without their consent, including:
- Former romantic partners whose ex-partners distribute private images
- Victims of hacking or data breaches that expose intimate content
- Individuals targeted by AI-generated deepfake pornography
- Minors, who receive additional protections and diversion options
Recording Video Calls
Zoom, Teams, and Other Platforms
Video calls conducted through platforms like Zoom, Microsoft Teams, Google Meet, FaceTime, and similar services contain both video and audio. Secretly recording these calls violates Section 99 because the audio component is captured without the knowledge of all participants.
To legally record a video call in Massachusetts:
- Announce at the beginning of the call that you intend to record
- Ensure all participants acknowledge the recording
- Use the platform's built-in recording feature, which typically notifies all participants
- Do not use external screen recording software to secretly capture the call
Many video conferencing platforms display a notification when recording begins. This notification can satisfy the Massachusetts disclosure requirement because it puts all parties on notice. However, relying solely on the platform notification is risky if a participant joins late or misses the alert. The safest practice is always a verbal announcement.
AI Meeting Assistants
AI tools that record and transcribe video calls (such as Otter.ai, Fireflies.ai, and similar services) must comply with the same rules. These tools often join calls as a visible "bot" participant, which may alert others to the recording. However, the bot's presence alone does not constitute adequate disclosure. You should still verbally inform all participants that the call is being recorded and transcribed.
Penalties Summary
Criminal Penalties by Offense Type
| Offense | Statute | Maximum Prison | Maximum Fine |
|---|---|---|---|
| Secret video recording with audio | Section 99 | 5 years (state prison) | $10,000 |
| Voyeuristic recording (adult victim) | Section 105 | 5 years (state prison) | $5,000 |
| Voyeuristic recording (minor victim) | Section 105 | 5 years (state prison) | $10,000 |
| Non-consensual sharing of intimate images | St. 2024, ch. 118 | 2.5 years (house of correction) | $5,000 |
| Disclosure of illegally intercepted video with audio | Section 99 | 2.5 years (house of correction) | $5,000 |
Civil Liability
Victims of illegal video recording can pursue civil remedies:
- Under Section 99 Q: Liquidated damages of $100 per day or $1,000 minimum, plus attorney fees (for video with secretly recorded audio)
- Under St. 2024, ch. 118: Injunctive relief and damages for non-consensual sharing of intimate images
- Under common law invasion of privacy: Massachusetts recognizes a right of privacy under Mass. Gen. Laws ch. 214, Section 1B, which can provide additional remedies for intrusive video recording
Exceptions to Video Recording Restrictions
When Secret Video With Audio Is Permitted
The exceptions to the wiretap statute's audio requirements include:
- Law enforcement with a court order: Authorized surveillance for designated offenses
- Recording police in public: Protected by the First Amendment under Project Veritas v. Rollins (2020)
- Non-secret recording: When all parties know video and audio are being captured
- Security cameras with posted notice: When signage clearly indicates recording is occurring (though audio recording still requires compliance with Section 99)
When Silent Video Is Permitted
Silent video recording is generally permitted in:
- Public spaces where there is no expectation of privacy
- Private property with the owner's permission
- Commercial establishments with posted notice
- Government buildings during public proceedings
Silent video is prohibited in:
- Locations where individuals have a reasonable expectation of privacy (restrooms, changing rooms, bedrooms)
- Situations that involve voyeuristic targeting of intimate body parts
- Private property without the owner's permission
Massachusetts Recording Laws by Topic
Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras
Sources and References
- Mass. Gen. Laws ch. 272, Section 99 - Wiretapping Statute(malegislature.gov).gov
- Mass. Gen. Laws ch. 272, Section 105 - Video Voyeurism(malegislature.gov).gov
- Governor Healey Signs Bill Banning Revenge Porn (St. 2024, ch. 118)(mass.gov).gov
- Mass. Gen. Laws ch. 214, Section 1B - Right of Privacy(malegislature.gov).gov
- Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020)(law.justia.com)