Alabama
Alabama Video Recording Laws: What Is Legal and What Is Not
Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 7 primary sources cited on this page. How we verify our legal content
In Alabama, silent video recording in public places is unrestricted because no reasonable expectation of privacy exists there. When a recording captures audio, one-party consent applies under . Secret surveillance in a private place while trespassing is criminal under .
Alabama does not have a blanket prohibition on video recording. The legality of filming depends on where you are recording, whether audio is being captured, and the purpose of the recording. Public spaces are generally fair game, while private locations carry significant restrictions under Alabama's criminal surveillance statutes.
This guide covers Alabama's video recording laws in detail for 2026, including when you can film freely, when you need consent, what the penalties are for illegal surveillance, and how video evidence is treated in court.
Alabama Video Recording Statutes
Ala. Code 13A-11-32: Criminal Surveillance
Ala. Code 13A-11-32 defines criminal surveillance as intentionally engaging in surveillance in a private place while trespassing. The statute defines "surveillance" as secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person observed.
Criminal surveillance is a Class B misdemeanor under Alabama law, punishable by up to 6 months in jail and a $3,000 fine.
Two elements must both be present for this offense: (1) the surveillance must occur in a private place, and (2) the person conducting the surveillance must be trespassing.
Ala. Code 13A-11-32.1: Aggravated Criminal Surveillance
Ala. Code 13A-11-32.1 creates the more serious offense of aggravated criminal surveillance. This statute applies when a person knowingly installs or uses a device to observe, photograph, or film another person in a location where the individual has a reasonable expectation of privacy, and the purpose is sexual gratification.
Aggravated criminal surveillance is a Class C felony, punishable by 1 year and 1 day to 10 years in prison and a fine of up to $15,000. This statute specifically targets voyeuristic behavior using cameras and recording devices.
Ala. Code 13A-6-240: Distribution of Private Images
Ala. Code 13A-6-240 addresses the distribution of private images, commonly known as "revenge porn." Under this statute, it is illegal to knowingly distribute an intimate image of another person without that person's written consent to the transmission, when you know or should know the person depicted expected the image to remain private.
A first offense is a Class A misdemeanor (up to 1 year in jail, $6,000 fine). Subsequent offenses are a Class C felony (1 year and 1 day to 10 years in prison, up to $15,000 fine).
Video Recording in Public Places
What You Can Film in Public
Alabama has no general prohibition on video recording in public spaces. You are free to film in areas where the public has access because there is no reasonable expectation of privacy. This includes:
- Public streets, sidewalks, and parks
- Government buildings open to the public, including courthouses (though individual courtroom rules may restrict filming)
- Public transportation vehicles and stations
- Shopping areas and commercial districts
- Public demonstrations, protests, and rallies
- Sporting events and concerts (subject to venue policies)
Dashcam and Vehicle Recordings
Video recording from your vehicle using a dashcam or other mounted camera is legal in Alabama. There is no state law prohibiting dashboard cameras. The video component is unrestricted, while the audio component follows one-party consent rules under Ala. Code 13A-11-30.
First Amendment Protections
The First Amendment to the U.S. Constitution protects your right to photograph and record in public places. The U.S. Court of Appeals for the Eleventh Circuit, which covers Alabama, has recognized this right in the context of recording law enforcement officers performing their duties in public. This same principle extends broadly to all forms of public photography and videography.
Video Recording on Private Property
General Rules for Private Property
Video recording on private property is governed by the property owner's rules and Alabama's surveillance statutes. Key principles include:
- Property owners can set their own recording rules. A business can prohibit filming inside its premises, and you must comply or leave.
- Trespassing while filming triggers criminal surveillance liability under Ala. Code 13A-11-32.
- Filming from a public space into private property is a gray area. If you can see something from a public street or sidewalk, you can generally photograph or film it. However, using telephoto lenses or other tools to observe activities that are not visible to the naked eye from a public vantage point may raise privacy concerns.
Areas With a Reasonable Expectation of Privacy
Certain areas carry a heightened expectation of privacy, and video recording in these spaces is restricted or prohibited:
- Bathrooms and restrooms in any setting
- Changing rooms and locker rooms in gyms, pools, and retail stores
- Bedrooms and private living spaces in homes and hotels
- Medical examination rooms and healthcare facilities
- Any enclosed space where a person would reasonably expect privacy while undressing or engaging in intimate activities
Recording in these areas without consent can result in criminal charges under (criminal surveillance) or (aggravated criminal surveillance).
Video Recording With Audio vs. Without Audio
Video-Only Recording
Video recording without audio does not fall directly under Alabama's eavesdropping statutes ( and 13A-11-31), which specifically address "private communication" and "eavesdropping." Silent video is governed primarily by the surveillance statutes (13A-11-32 and 13A-11-32.1) and general privacy principles.
In public places, video-only recording is essentially unrestricted. In private places, it is subject to the criminal surveillance and aggravated criminal surveillance statutes.
Video With Audio
When your video recording also captures audio of conversations, Alabama's one-party consent rule applies. Under Ala. Code 13A-11-30, you need consent from at least one participant in the conversation. If you are filming and also participating in a conversation being recorded, your consent satisfies the requirement.
If you are filming a conversation between other people and no participant has consented, the audio portion of the recording may constitute criminal eavesdropping under Ala. Code 13A-11-31.
Video Recording and Consent Forms
When You Need Written Consent
Alabama law does not always require written consent for video recording, but obtaining written permission is a best practice in several situations:
- Commercial use of someone's likeness in advertising, marketing, or promotional materials
- Documentary filmmaking where subjects share personal stories or appear prominently
- Recording on private property owned by someone other than you
- Recording minors for any purpose other than incidental capture in public settings
Photo and Video Release Forms
If you plan to use recorded footage for business or publication purposes, having subjects sign a photo or video consent form protects you from claims of invasion of privacy or unauthorized use of likeness. Alabama recognizes the right of publicity, which gives individuals control over the commercial use of their name and image.
Penalties for Illegal Video Recording in Alabama
| Offense | Statute | Classification | Maximum Jail/Prison | Maximum Fine |
|---|---|---|---|---|
| Criminal surveillance | 13A-11-32 | Class B misdemeanor | 6 months in jail | $3,000 |
| Aggravated criminal surveillance | 13A-11-32.1 | Class C felony | 10 years in prison | $15,000 |
| Distribution of private images (first offense) | 13A-6-240 | Class A misdemeanor | 1 year in jail | $6,000 |
| Distribution of private images (subsequent) | 13A-6-240 | Class C felony | 10 years in prison | $15,000 |
| Criminal eavesdropping (audio component) | 13A-11-31 | Class A misdemeanor | 1 year in jail | $6,000 |
Civil Liability for Illegal Video Recording
In addition to criminal penalties, victims of illegal video recording can pursue civil claims including:
- Invasion of privacy (intrusion upon seclusion) for unauthorized recording in a private setting
- Public disclosure of private facts if the footage is shared publicly
- Intentional infliction of emotional distress when the recording causes severe emotional harm
- Federal civil remedies under 18 U.S.C. 2520 if the recording violated federal wiretapping laws
Using Video Recordings as Evidence in Alabama
Admissibility Standards
Video recordings are generally admissible in Alabama courts if they meet the following requirements:
- Authentication: A witness must testify that the recording accurately depicts what it purports to show
- Relevance: The recording must be relevant to an issue in the case
- Unaltered: The recording must not have been edited or manipulated in a misleading way
- Legally obtained: The recording must have been made in compliance with Alabama law
Video Evidence in Criminal and Civil Cases
Video evidence is commonly used in Alabama courts for:
- Personal injury cases to document accident scenes and injuries
- Domestic relations cases to support custody or protective order claims
- Property disputes to document boundary issues or property damage
- Criminal cases including assault, theft, and traffic violations
- Insurance claims to prove or disprove the extent of damage or injuries
Alabama 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 Laws
Back to Alabama Recording Laws
More Alabama Recording Topics
More Alabama Laws
Frequently Asked Questions
Is it legal to video record someone in Alabama without their consent?
In public places, yes. There is no reasonable expectation of privacy in public areas, so you can freely film. In private places, you need to comply with Alabama's criminal surveillance laws. Recording someone in a private place while trespassing is a Class B misdemeanor under Ala. Code 13A-11-32.
Can I film someone on their private property in Alabama?
You cannot trespass on private property to film someone. If you are on public property and can see the activity without special equipment, you can generally film it. If you are invited onto private property, the property owner can set rules about recording.
Is it illegal to share intimate videos of someone in Alabama without consent?
Yes. Under Ala. Code 13A-6-240, distributing intimate images without the depicted person's written consent to the transmission is a Class A misdemeanor for a first offense (up to 1 year in jail and $6,000 fine) and a Class C felony for subsequent offenses (up to 10 years in prison and $15,000 fine).
Do I need consent to record video in Alabama if there is no audio?
In public places, no consent is needed for video-only recording. In private places, you must comply with criminal surveillance statutes. The eavesdropping consent requirement under Ala. Code 13A-11-30 specifically applies to the audio component of recordings.
Can video recordings be used as evidence in Alabama courts?
Yes. Video recordings that were made legally are generally admissible if they are authenticated by a witness, relevant to the case, and have not been altered. The court has discretion to exclude recordings that are overly prejudicial compared to their probative value.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected Ala. Code 13A-6-240: the statute conditions liability on the absence of WRITTEN consent to the transmission, not consent generally.
Governing law re-checked for recent changes
Propagated hub refresh to video spoke. Replaced Justia commercial-codifier links with alison.legislature.state.al.us. Added 13A-11-33 (Class C felony, installing eavesdropping device) to penalty table. Added civil cause of action note: no statutory civil under Title 13A Chapter 11 Article 2; route through federal ECPA section 2520 and Butler v. Town of Argo, 871 So. 2d 1 (Ala. 2003). Added 2024 Alabama [deepfake](/us-laws/deepfake-laws) trilogy: HB 172 Act 2024-191 (election synthetic media), HB 161 amending Ala. Code 13A-6-240 (NCII synthetic deepfakes), HB 168 (AI CSAM), all effective October 1, 2024. Added federal [TAKE IT DOWN Act](/us-laws/take-it-down-act) (Pub. L. 119-12, signed May 19, 2025; platform compliance May 19, 2026).
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.
Code of Alabama 1975, Title 13A: Criminal Code.
§ 13A-11-32Criminal Surveillance.In forcecited in 11 of our articles
(a) A person commits the crime of criminal surveillance if he intentionally engages in surveillance while trespassing in a private place. (b) Criminal surveillance is a Class B misdemeanor.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 2 court opinionsMost recently applied by a court: 2026
Leading cases:
- Ages Group, LP v. Raytheon Aircraft Co., Inc. (District Court, M.D. Alabama 1998, 22 F. Supp. 2d 1310)“…rvation from a public street” does not violate the statute. Ala.Code § 13A-11-32, Commentary. However, AGES argues that…”
- United States v. Watkins (Court of Appeals for the Tenth Circuit 2026)“…ohibit the conduct in this case are noted in bold. Ala. Code § 13A-11-32;1 Ala. Code § 13A-11-32.1;2 Ariz. Rev.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Recording Laws (2026): One-Party Consent Rules, Alabama Landlord-Tenant Recording Laws: Rights for Renters and Property Owners, Alabama Voyeurism Laws: Hidden Cameras, Penalties, and Victim Rights
§ 13A-11-30Definitions.In forcecited in 21 of our articles
The following definitions apply to this article: (1) EAVESDROP. To overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication, except as otherwise provided by law. (2) PRIVATE PLACE. A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access. (3) SURVEILLANCE. Secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person observed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 5 court opinionsMost recently applied by a court: 2024
Leading cases:
- Stinson v. Larson (Court of Civil Appeals of Alabama 2004, 893 So. 2d 462)“…ons Privacy Act of 1986, 18 U.S.C. §§ 2510 et seq., and Ala. Code 1975, §§ 13A-11-30 and 13A-11-31 (a). We note that the f…”
- Ages Group, LP v. Raytheon Aircraft Co., Inc. (District Court, M.D. Alabama 1998, 22 F. Supp. 2d 1310)“…f at least one of the persons engaged in the communication. Ala. Code § 13A-11-30 (1994). Alabama Code § 13A-11-32, prohi…”
- Bartnicki v. Vopper (Supreme Court of the United States 2001, 532 U.S. 514)“…[1] See 18 U. S. C. § 2511 (1) (1994 ed. and Supp. V); Ala. Code § 13A-11-30 et seq. (1994); Alaska Stat. Ann. §…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: One-Party Consent States: Complete 2026 Guide, Alabama Audio Recording Laws: Consent Rules and Penalties, Alabama Dashcam Laws: Legality, Mounting Rules, and Evidence Use
§ 13A-11-31Criminal Eavesdropping.In forcecited in 17 of our articles
(a) A person commits the crime of criminal eavesdropping if he intentionally uses any device to eavesdrop, whether or not he is present at the time. (b) Criminal eavesdropping is a Class A misdemeanor.
Official text (excerpt) · last checked 2026-08-28 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 4 court opinionsMost recently applied by a court: 2007
Leading cases:
- Stinson v. Larson (Court of Civil Appeals of Alabama 2004, 893 So. 2d 462)“…rding of the minor child's telephone conversations violated Ala. Code 1975, § 13A-11-31 (a), which prohibits the use of any dev…”
- Lawson v. Shelby County Sheriff's Office (Court of Civil Appeals of Alabama 2007, 961 So. 2d 158)“…office but also state law prohibiting eavesdropping, see Ala.Code 1975, § 13A-11-31, 1 Chief Deputy Samaniego recommended…”
- Glazner v. Glazner (Court of Appeals for the Eleventh Circuit 2003, 347 F.3d 1212)“…ade wiretapping of the sort in which James engaged a crime. Ala.Code § 13A-11-31 (1994); O.C.G.A. § 16-11-62 (1999); Fl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Phone Call Recording Laws: What You Need to Know, Alabama Smart Glasses Recording Laws, Alabama Security Camera Laws: Rules for Homes and Businesses
§ 13A-11-32.1Aggravated Criminal Surveillance.In forcecited in 10 of our articles
(a) A person commits the crime of aggravated criminal surveillance if he or she intentionally engages in surveillance of an individual in any place where the individual being observed has a reasonable expectation of privacy, without the prior express or implied consent of the individual being observed, for the purpose of sexual gratification. (b) Aggravated criminal surveillance is a Class C felony. (c) The statute of limitations begins at the time of discovery of the surveillance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 1 court opinionsMost recently applied by a court: 2026
Leading cases:
- United States v. Watkins (Court of Appeals for the Tenth Circuit 2026)“…is case are noted in bold. Ala. Code § 13A-11-32;1 Ala. Code § 13A-11-32.1;2 Ariz. Rev. Stat. Ann. § 13- 1424;2 Ar…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama School Recording Laws: Rules for Students, Parents, and Teachers, Alabama Workplace Recording Laws: Employee and Employer Rights, Alabama Ring Doorbell Laws: What You Need to Know in 2026
§ 13A-6-240Distributing a Private Image; Creating a Private Image.In forcecited in 11 of our articles
(a)(1) A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image when the depicted individual has not consented in writing to the transmission and the depicted individual had a reasonable expectation of privacy against transmission of the private image. (2) A person commits the crime of creating a private image if he or she knowingly creates, records, or alters a private image when the depicted individual has not consented to the creation, recording, or alteration and the depicted individual had a reasonable expectation of privacy against the creation, recording, or alteration of the private image. (b)(1) For purposes of this section, “private image” means a photograph, digital image, video, film, or other recording of an individual who is identifiable from the recording itself or from the circumstances of its transmission and who is engaged in any act of sexually explicit conduct, as defined in Section 13A-12-190. (2) The term includes both of the following: a. A recording that has been edited, altered, or otherwise manipulated from its original form. b.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 2 court opinionsMost recently applied by a court: 2024
Leading cases:
- Z.P. v. Bryant (District Court, N.D. Alabama 2024)“…f privacy against transmission of the private image.” Ala. Code § 13A-6-240(a)(1), (b)(1). Mr. Bryant contends that…”
- Xia v. Morris (United States Bankruptcy Court, N.D. Alabama 2024)“…possibly criminal under Alabama’s revenge porn statute at Ala. Code § 13A-6-240), the court further concludes that Mor…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Sexting Laws: Legal Consequences and Penalties, Alabama Surveillance Camera Laws (2026 Guide), Revenge Porn Laws by State: All 50 States and DC (2026)
United States Code Title 18
§ 2520Recovery of civil damages authorizedIn forcecited in 115 of our articles
Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate. In an action under this section, appropriate relief includes— such preliminary and other equitable or declaratory relief as may be appropriate; damages under subsection (c) and punitive damages in appropriate cases; and a reasonable attorney’s fee and other litigation costs reasonably incurred.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 860 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Walker v. Darby (1990) held a 2520 plaintiff need not prove the contents of intercepted conversations, only interception and a justified expectation against it. Bartnicki v. Vopper (2001) barred 2520 damages against defendants who took no part in the interception, obtained the tape lawfully, and disclosed a matter of public concern.
Leading cases:
- Jessie Walker v. Thomas E. Darby, Hugh L. Robinson, Jr., and Kenneth Day (Court of Appeals for the Eleventh Circuit 1990, 911 F.2d 1573)✓A postal letter carrier said three supervisors wired an intercom near his workstation to listen in. Reversing summary judgment, the Eleventh Circuit held a section 2520 plaintiff can show interception without proving the contents of specific conversations.
- Gelbard v. United States (Supreme Court of the United States 1972, 408 U.S. 41)“…disclosure, or use is entitled to recover civil damages, 18 U. S. C. § 2520 . Title III also bars the use as eviden…”
- DirecTV, Inc. v. Hoa Huynh (Court of Appeals for the Ninth Circuit 2007, 503 F.3d 847)“…7 U.S.C. § 605 (e)(4), or alternatively, for violations of 18 U.S.C. § 2520 (a), or alternatively, for violations o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: US Recording Laws by State (2026): All 50 States Explained, Alaska Phone Call Recording Laws: Rules for Landline, Cell, and VoIP (2026), Alaska Voyeurism and Hidden Camera Laws: AS 11.61.123 Explained (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Alabama Code of Alabama - Official Legislature Website(alison.legislature.state.al.us).gov
- Ala. Code 13A-11-32 - Criminal Surveillance(law.justia.com)
- Ala. Code 13A-11-32.1 - Aggravated Criminal Surveillance(law.justia.com)
- Ala. Code 13A-6-240 - Distribution of Private Images(law.justia.com)
- Federal Wiretap Act - 18 U.S.C. 2520(law.cornell.edu)
- U.S. Courts - First Amendment(uscourts.gov).gov
- Ala. Code 13A-11-32 - Criminal Surveillance(alison.legislature.state.al.us).gov
- Ala. Code 13A-11-32.1 - Aggravated Criminal Surveillance(alison.legislature.state.al.us).gov
- Ala. Code 13A-6-240 - Distribution of Private Images(alison.legislature.state.al.us).gov
- Ala. Code 13A-11-30 - Definitions (Offenses Against Privacy)(alison.legislature.state.al.us).gov
- Ala. Code 13A-11-31 - Criminal Eavesdropping(alison.legislature.state.al.us).gov