Washington Voyeurism and Hidden Camera Laws: Penalties and Protections (2026)

Washington criminalizes voyeurism under RCW 9A.44.115, which covers secretly viewing, photographing, or filming people in places where they have a reasonable expectation of privacy, and filming their intimate areas in public or private places. First-degree violations, committed for sexual gratification, are a Class C felony; second-degree offenses involving intent to distribute intimate images are a gross misdemeanor.

Washington takes voyeurism and hidden camera offenses seriously, classifying the most severe violations as felonies with mandatory sex offender registration. The state's primary voyeurism statute, RCW 9A.44.115, criminalizes the unauthorized viewing, photographing, or filming of individuals in places where they have a reasonable expectation of privacy, and of their intimate areas whether they are in a public or private place. These protections work alongside Washington's broader recording laws under RCW 9.73.030 to create a comprehensive framework against invasive surveillance.

Understanding these laws is essential for anyone who uses cameras, recording devices, or surveillance systems in Washington, as well as for victims who need to know their rights and available legal remedies.

Washington Voyeurism Statute: RCW 9A.44.115

Overview

RCW 9A.44.115 defines two degrees of voyeurism in Washington. Both degrees require that the viewing, photographing, or filming happen without the person's knowledge and consent. First degree covers, for a sexual purpose, either viewing, photographing, or filming a person in a place where they have a reasonable expectation of privacy, or viewing, photographing, or filming a person's intimate areas under circumstances where they reasonably expect privacy, whether in a public or private place. Second degree covers filming intimate areas with intent to distribute, also in a public or private place.

Voyeurism in the First Degree

A person commits voyeurism in the first degree when they knowingly view, photograph, or film another person without that person's knowledge and consent while the person is in a place where they have a reasonable expectation of privacy, or views, photographs, or films the person's intimate areas without knowledge and consent under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place, and the act is committed for the purpose of arousing or gratifying the sexual desire of any person.

Elements the prosecution must prove:

1. The defendant knowingly viewed, photographed, or filmed the victim
2. The victim did not know about or consent to the viewing or recording
3. The victim was in a place where they had a reasonable expectation of privacy, or the defendant viewed, photographed, or filmed the victim's intimate areas under circumstances where the victim had a reasonable expectation of privacy, in a public or private place
4. The act was committed for the purpose of arousing or gratifying sexual desire

Classification and Penalties:

Voyeurism in the Second Degree

A person commits voyeurism in the second degree when they intentionally photograph or film the intimate areas of another person without that person's knowledge and consent, under circumstances where the person has a reasonable expectation of privacy, and the act is committed with the intent to distribute or disseminate the images.

Elements the prosecution must prove:

1. The defendant intentionally photographed or filmed the victim's intimate areas
2. The victim did not know about or consent to the recording
3. The victim was in circumstances where they had a reasonable expectation of privacy
4. The defendant intended to distribute or disseminate the images

Classification and Penalties:

What Are "Intimate Areas"?

RCW 9A.44.115(1)(a) defines "intimate areas" as any portion of a person's body or undergarments that is covered by clothing and intended to be protected from public view. The area must be covered by clothing at the time; the statute does not enumerate specific body parts.

Reasonable Expectation of Privacy

The Legal Standard

The concept of "reasonable expectation of privacy" is central to voyeurism charges. Courts evaluate whether a reasonable person in the victim's position would expect to be free from observation. This is an objective standard based on the circumstances.

Locations Where Privacy Is Expected

Locations where people generally have a reasonable expectation of privacy include:

• Private residences: Bedrooms, bathrooms, and other rooms in a home
• Hotel and motel rooms: Guest rooms and private areas
• Public restrooms: Bathroom stalls and restroom areas
• Changing rooms and fitting rooms: Retail dressing rooms, gym locker rooms
• Medical facilities: Examination rooms and treatment areas
• Tanning salons and spas: Treatment rooms and changing areas
• Any enclosed space: Where the person has taken steps to ensure privacy

Locations Where Privacy Is Generally Not Expected

• Public streets and sidewalks: Visible activities in public view
• Public parks and open spaces: Areas open to general observation
• Retail stores: The sales floor and common areas
• Public transportation: Areas open to other passengers

The Upskirt/Downblouse Problem

Washington's voyeurism statute was specifically designed to address surreptitious photography of intimate areas in situations where the victim is clothed but has a reasonable expectation that those areas will not be photographed. This covers so-called "upskirt" photographs taken in public places. Even though the victim may be in a public setting, they have a reasonable expectation that their intimate areas under clothing will not be photographed. Taking such a photo for a sexual purpose is first-degree voyeurism, a class C felony, and taking it with intent to distribute is second-degree voyeurism.

Hidden Camera Offenses

Types of Hidden Camera Violations

Washington law addresses hidden cameras through multiple statutes:

Under the voyeurism statute (RCW 9A.44.115), when done for a sexual purpose or to capture intimate-area images for distribution:

• Installing a hidden camera in a bathroom, bedroom, or other private space
• Using a concealed camera to film under someone's clothing
• Placing cameras in hotel rooms, rental properties, or Airbnb listings
• Using pinhole cameras or disguised recording devices in private spaces

Under the Privacy Act (RCW 9.73.030):

• Installing audio-capable hidden cameras that record private conversations
• Using concealed recording devices to capture private communications

Specific Prohibited Scenarios

Hidden cameras in these settings commonly lead to criminal charges or lawsuits:

• Landlords: A landlord who places a hidden camera in a rental unit commits voyeurism if it is done for a sexual purpose, a Privacy Act violation if the camera records audio of private conversations, and can face a civil invasion-of-privacy claim.
• Employers: Cameras in employee restrooms or changing areas can lead to voyeurism charges when used for a sexual purpose, and to invasion-of-privacy lawsuits.
• Intimate partners: Secretly filming a partner in private moments for a sexual purpose is first-degree voyeurism, and sharing images recorded in private moments without consent is a separate crime under RCW 9A.86.010.
• Retail stores: Cameras in fitting rooms or restrooms can lead to voyeurism charges when used for a sexual purpose, and to invasion-of-privacy lawsuits.
• Schools: Filming students in bathrooms, locker rooms, or other private areas for a sexual purpose is first-degree voyeurism, and images of minors can also violate Washington's child sexual exploitation laws (chapter 9.68A RCW).

Nonconsensual Intimate Images (Revenge Porn)

RCW 9A.86.010: Disclosing Intimate Images

Washington has a separate statute addressing the nonconsensual distribution of intimate images, commonly known as "revenge porn." Under RCW 9A.86.010, it is a gross misdemeanor to knowingly disclose an intimate image of another person when:

• The person disclosing the image obtained it in circumstances where a reasonable person would know it was to remain private
• The person disclosing it knows or should have known that the person depicted did not consent to the disclosure
• The person disclosing it knows or reasonably should know that the disclosure would cause the person depicted harm

Penalties:

• First offense: Gross misdemeanor, up to 364 days in jail and a $5,000 fine
• Subsequent offenses (one or more prior convictions under this section or RCW 9A.86.030): Class C felony, up to 5 years in prison and a $10,000 fine

Connection to Voyeurism

Voyeurism and nonconsensual image disclosure often overlap. A person who uses a hidden camera to capture intimate images (voyeurism) and then distributes those images online (nonconsensual disclosure) faces charges under both statutes. This can result in consecutive sentences.

Cyberstalking and Electronic Surveillance

RCW 9A.90.120: Cyber Harassment

Washington's cyber harassment statute, RCW 9A.90.120 (recodified from RCW 9.61.260 in 2022), can apply when voyeuristic images or surveillance is used to harass, intimidate, or threaten a victim through electronic communication. Cyber harassment is a gross misdemeanor, but it elevates to a Class C felony if the perpetrator has a prior harassment conviction involving the same victim or the victim's family or household, threatens to kill, targets a criminal justice participant or election official, or violates a protective order. There is no age-based felony trigger.

Stalking and Surveillance Patterns

When voyeurism is part of a broader pattern of stalking behavior, additional charges under Washington's stalking statute (RCW 9A.46.110) may apply. Stalking is a gross misdemeanor for a first offense and a Class B felony for repeat offenders or when a protective order is violated.

Defenses to Voyeurism Charges

Common Defenses

Defendants facing voyeurism charges in Washington may raise several defenses:

• Consent: If the victim consented to the viewing or recording, no offense occurred. Consent must be knowing and voluntary.
• No reasonable expectation of privacy: For filming a person in a place, the place must be one where a reasonable person expects privacy. For filming intimate areas, the question is whether the person reasonably expected those areas to stay unseen, even in public.
• Lack of sexual purpose (first degree only): First-degree voyeurism requires that the act be committed for the purpose of sexual arousal or gratification. If the recording was made for another purpose (security, documentation), this element may not be met.
• No intent to distribute (second degree only): Second-degree voyeurism requires intent to distribute or disseminate the images.
• Mistaken identity: The prosecution must prove the defendant was the person who committed the offense.

What Is NOT a Defense

• The images were never distributed: First-degree voyeurism does not require distribution. The act of viewing or recording is sufficient.
• The victim was partially clothed: The statute's definition of "intimate areas" specifically requires the area to be covered by clothing at the time, which is exactly what makes covert photography of a clothed body part (such as upskirt photography) a criminal act.
• The recording was deleted: Deleting a recording after it was made does not undo the offense.
• The camera was on public property: A camera on public property that captures images of private areas (such as through a window) can still constitute voyeurism.

Victim Rights and Remedies

Criminal Prosecution

Victims of voyeurism should report the offense to local law enforcement. Washington police and prosecutors take these cases seriously, particularly when they involve:

• Hidden cameras in private spaces
• Distribution of intimate images
• Patterns of stalking or harassment
• Victims who are minors

Civil Lawsuits

Victims may file civil lawsuits against perpetrators for:

• Invasion of privacy: Common law tort claims for intrusion upon seclusion
• Intentional infliction of emotional distress: When the conduct is outrageous enough to cause severe emotional harm
• Privacy Act damages under RCW 9.73.060: If the voyeurism involved audio recording, actual damages or $100/day (capped at $1,000) plus attorney fees
• Nonconsensual intimate image damages: Washington's Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act (RCW 7.110) lets a victim sue for damages, including statutory damages of up to $10,000 per defendant, plus injunctive relief and attorney fees

Protective Orders

Victims may seek protective orders under Washington law to prevent further contact or surveillance by the perpetrator. Under RCW 7.105, courts can issue civil protection orders that prohibit the respondent from contacting, surveilling, or photographing the petitioner.

Sex Offender Registration

When Registration Is Required

A conviction for voyeurism in the first degree (Class C felony) requires registration as a sex offender under Washington's Sex Offender Registration Act, RCW 9A.44.130. Registration requirements include:

• Providing personal information to local law enforcement
• Regular check-ins with authorities
• Notification when changing address or employment
• Public availability of registration information through the Washington Sex Offender Public Registry

Duration of Registration

The length of registration is set by statute, not by a court-assigned risk level. For an adult convicted of first-degree voyeurism (a Class C felony) with no prior sex or kidnapping offense, the duty to register ends after ten consecutive years in the community without a disqualifying conviction, counted from release from confinement or entry of the judgment (RCW 9A.44.140). A person with a prior sex or kidnapping conviction must register indefinitely. Separately, an offender's risk level (I, II, or III) guides how widely law enforcement notifies the public (RCW 4.24.550).

More Washington Recording Laws

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Frequently Asked Questions

Is voyeurism a felony in Washington?

Voyeurism in the first degree is a Class C felony in Washington, punishable by up to five years in prison and a $10,000 fine. It also requires sex offender registration. Voyeurism in the second degree is a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine. Both offenses are defined under RCW 9A.44.115.

Are hidden cameras illegal in Washington?

A hidden camera in a place where people have a reasonable expectation of privacy, such as a bathroom, bedroom, changing room, or hotel room, can lead to criminal charges and lawsuits. Installing one for the purpose of sexual gratification is voyeurism in the first degree, a Class C felony, and filming intimate areas to distribute the images is voyeurism in the second degree. A camera that records audio of private conversations also violates the Privacy Act (RCW 9.73.030), and any hidden camera in a private space can support an invasion-of-privacy claim.

What is revenge porn law in Washington?

Under RCW 9A.86.010, knowingly disclosing intimate images of another person without their consent is a gross misdemeanor for a first offense, carrying up to 364 days in jail and a $5,000 fine. If the offender has one or more prior convictions under this section or RCW 9A.86.030, the offense becomes a Class C felony with up to five years in prison. There is no separate threshold based on how many people received the images.

Can my landlord put hidden cameras in my apartment in Washington?

A hidden camera in your unit exposes a landlord to serious criminal and civil liability. If the camera is placed for purposes of sexual gratification, it constitutes voyeurism in the first degree (Class C felony). If the camera records audio of private conversations, it also violates the Privacy Act (RCW 9.73.030), and a hidden camera in your home can support a civil invasion-of-privacy claim. Tenants should report suspected hidden cameras to law enforcement.

Do I have to register as a sex offender for a voyeurism conviction in Washington?

Voyeurism in the first degree (Class C felony) requires sex offender registration under RCW 9A.44.130. Voyeurism in the second degree (gross misdemeanor) does not require registration. For an adult with no prior sex or kidnapping offense, the duty to register for this Class C felony ends after ten consecutive years in the community without a disqualifying conviction (RCW 9A.44.140); a person with a prior must register indefinitely.