Alaska
Alaska Voyeurism and Hidden Camera Laws: AS 11.61.123 Explained (2026)
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 7 primary sources cited on this page. How we verify our legal content
Alaska prohibits indecent viewing and the production of images showing another person's private exposure under AS 11.61.123. The statute applies when the person's genitals, anus, or female breast are exposed in a place and circumstances where the person reasonably believed they would not be seen or photographed. Producing such images of an adult is a Class C felony; producing images of a minor is a Class B felony.
Alaska treats voyeurism and hidden camera offenses seriously under AS 11.61.123, which specifically criminalizes indecent viewing and the production of images showing another person's private exposure. This statute is separate from the eavesdropping law (AS 42.20.310) and focuses on visual intrusions into a person's privacy rather than the interception of oral communications.
This page covers the elements of the offense, penalty classifications, available defenses, sex offender registration implications, and practical guidance for understanding what is and is not legal in Alaska.
Understanding AS 11.61.123: Indecent Viewing or Production of a Picture
Elements of the Offense
Under AS 11.61.123, a person commits indecent viewing or production of a picture when they knowingly view, view a picture of, or produce a picture of another person's private exposure of the genitals, anus, or female breast.
"Private exposure" means the person exposed their body in a place, and under circumstances, that they reasonably believed would not result in being viewed by the defendant or photographed. The statute has no separate consent element; a person who knowingly agreed to be viewed or photographed generally did not have that belief. If a person is in a public space where they have no reasonable expectation of privacy, the statute generally does not apply even if they are partially exposed.
What "Reasonable Expectation of Privacy" Means
Alaska courts evaluate whether a person had a reasonable expectation of privacy based on the totality of circumstances. Locations where courts consistently find a reasonable expectation of privacy include:
- Bathrooms and restrooms (public and private)
- Changing rooms and fitting rooms in retail stores
- Locker rooms at gyms, pools, and schools
- Bedrooms in homes and hotel rooms
- Showers in any facility
- Medical examination rooms during treatment
Locations where a reasonable expectation of privacy is less likely to exist:
- Public beaches and pools (where partial exposure is expected)
- Public streets and sidewalks
- Open areas of parks and recreation facilities
- Public events where attendees have voluntarily gathered
The analysis depends on whether a reasonable person in that situation would expect to be free from observation. This standard can vary based on the specific facts of each case.
"Production of a Picture" Defined
The statute uses the broad term "picture" to encompass any visual recording or image, including:
- Photographs (digital and film)
- Video recordings
- Screenshots from video
- Livestreamed images
- Any other visual representation created through electronic or mechanical means
The method of production does not matter. Using a smartphone, hidden camera, drone, smart glasses, or any other device to create the image satisfies this element.
Penalty Structure
The penalties under AS 11.61.123 vary based on two factors: whether an image was produced (versus merely viewing) and the age of the victim.
Felony Charges for Image Production
| Offense | Classification | Sentencing Range |
|---|---|---|
| Producing images of a minor's private exposure | Class B Felony | Up to 99 years; 2 to 12 years presumptive for a first offense |
| Producing images of an adult's private exposure | Class C Felony | Up to 99 years; 2 to 12 years presumptive for a first offense |
The ordinary class B and C felony ranges do not apply. AS 12.55.125(i)(4) sets a separate sex-offense range for indecent viewing or production of a picture: a definite term of up to 99 years, with a presumptive range of 2 to 12 years for a first felony conviction and higher ranges for later convictions.
Misdemeanor Charges for Viewing Only
Indecent viewing without producing an image is classified as a Class A misdemeanor under Alaska law when the person viewed is an adult. The maximum penalties are:
- Up to 1 year in jail
- Fine up to $25,000
- Probation and conditions as the court deems appropriate
If the person viewed is a minor, viewing alone (without producing an image) is a Class C felony, the same tier as producing an image of an adult's private exposure, and it is sentenced under the same AS 12.55.125(i)(4) sex-offense range (2 to 12 years presumptive for a first offense, up to 99 years).
Repeat Offenders
Repeat offenders face enhanced sentencing under Alaska's general repeat offender provisions. A second felony conviction under AS 11.61.123 carries a higher presumptive range under AS 12.55.125(i)(4), and the court may impose additional conditions such as electronic monitoring or extended probation.
Hidden Camera Offenses
Common Hidden Camera Scenarios
Hidden camera cases in Alaska typically involve:
- Bathroom cameras: Installing a camera in a bathroom, including public restrooms, to capture images of people using the facilities
- Changing room cameras: Placing recording devices in retail fitting rooms, gym locker rooms, or other areas where people undress
- Bedroom cameras: Using hidden cameras to record someone in a bedroom without their knowledge or consent
- Upskirt photography: Using a camera positioned to capture images under a person's clothing
- Peephole cameras: Replacing or augmenting door peepholes with recording devices to view into private rooms
All of these scenarios fall under AS 11.61.123 when they capture a person's private exposure, meaning exposure where the person reasonably believed they would not be seen or photographed.
Technology and Hidden Cameras
Modern technology has made hidden cameras smaller and more difficult to detect. Common devices used in voyeurism cases include:
- Pinhole cameras disguised as everyday objects (clocks, smoke detectors, electrical outlets)
- Modified USB chargers with built-in cameras
- Wireless cameras that stream to remote devices
- Smartphone cameras positioned covertly
- Smart home devices modified to record without indicator lights
The type of device used does not affect the criminal analysis. If the device produces an image of someone's private exposure, the statute applies.
Affirmative Defenses
AS 11.61.123 provides specific affirmative defenses that, if proven, can result in acquittal:
Security Surveillance Defense
A person has an affirmative defense under AS 11.61.123(d) only if all three of these are true:
- The viewing or recording was conducted as a security surveillance system
- Notice of the viewing or recording was posted
- Any viewing or use of the pictures is done only in the interest of crime prevention or prosecution
This defense protects businesses and property owners who use security camera systems. The key requirements are posted notice and use limited to crime prevention or prosecution.
Law Enforcement and Other Exclusions
The statute does not apply at all to viewing or pictures made by a law enforcement agency for a law enforcement purpose. Exposure in correctional facilities, law enforcement facilities, and certain treatment and juvenile facilities is excluded from the definition of private exposure, and the statute also excludes normal caretaking of a child and lawful medical or mental health treatment.
Consent
The statute does not list consent as a defense. In practice, a person who knowingly agreed to be viewed or photographed usually did not reasonably believe they would not be seen, so the exposure is not "private" under the statute. A person who did not know a camera was present or recording can still have had that belief.
Sex Offender Registration
Under AS 12.63 (Sex Offender Registration Act), registration depends on the tier of the conviction, not on a court's determination. AS 12.63.100(7)(C)(xv) lists as a sex offense any conviction under AS 11.61.123 punished as a felony under subsection (g)(1) or (2):
- Producing a picture of a minor's private exposure (class B felony)
- Producing a picture of an adult's private exposure (class C felony)
- Viewing a minor's private exposure (class C felony)
The class A misdemeanor of viewing an adult is not on the list.
Sex offender registration in Alaska carries significant long-term consequences, including:
- Mandatory registration with local law enforcement
- Public listing on the Alaska Department of Public Safety Sex Offender Registry
- Regular reporting requirements
- Potential lifetime registration for certain offenses
Revenge Porn and Non-Consensual Intimate Images
Alaska does not have a single standalone "revenge porn" statute as of November 2026, but the criminal hooks are more specific than the older guidance suggests. Distribution of non-consensual intimate images (NCII) is prosecuted under existing provisions:
- AS 11.61.123 (Indecent Viewing or Production of a Picture) reaches the initial production of the image when it captured a person's private exposure
- AS 11.61.120(a)(6) and (a)(8) (Harassment, second degree) reach distribution of intimate images of an adult without consent and related conduct
- AS 11.61.116 addresses sending an explicit image of a minor
- These hooks should not be confused with AS 11.41.452, which addresses online enticement of a minor and is a different offense
- Federal law under 18 U.S.C. Section 1801 criminalizes video voyeurism within the special maritime and territorial jurisdiction of the United States, such as certain federal enclaves
- The federal TAKE IT DOWN Act, signed May 19, 2025, imposes a notice-and-takedown obligation effective May 19, 2026 for non-consensual intimate imagery (including AI-generated)
- Civil remedies for common-law intrusion upon seclusion, intentional infliction of emotional distress, and related torts
Several states have enacted specific revenge porn statutes, and advocacy groups continue to push for Alaska to adopt similar legislation. Until such a law is passed, victims may need to rely on the existing criminal and civil frameworks.
Deepfakes and HB 47
Alaska has not enacted a deepfake statute as of November 2026, a notable contrast with Idaho's § 18-6606. House Bill 47 (34th Legislature) passed the Alaska House 39-0 (one member excused) on Feb. 27, 2026 in a version that would have created a crime of distributing a forged digital likeness. The Senate Community and Regional Affairs Committee's substitute dropped that provision and limits the bill to AI-generated child sexual abuse material and related offenses against minors. The bill was in Senate Judiciary when the 2026 regular session adjourned on May 20, 2026. It has not become law; its full history is on the Alaska Legislature website.
Voyeurism in Specific Settings
Rental Properties
Landlords who use hidden cameras in rental units to record a tenant's private exposure (for example, in a bathroom or bedroom) commit a felony under AS 11.61.123. Tenants have a clear reasonable expectation of privacy inside their rental units, and covert surveillance there can also support a civil claim for invasion of privacy. Tenants who discover hidden cameras should contact law enforcement immediately and document the camera's location and any evidence of its installation.
Workplaces
Employers in Alaska should keep surveillance cameras out of areas where employees have a reasonable expectation of privacy, such as bathrooms, locker rooms, and changing areas. An employer whose camera views or records an employee's private exposure in those spaces faces criminal liability under AS 11.61.123, and covert monitoring there can also lead to civil liability for invasion of privacy.
Hotels and Short-Term Rentals
Guests in hotels, motels, and short-term rental properties (such as Airbnb or VRBO listings) have a reasonable expectation of privacy in their rooms. Property owners whose hidden cameras in guest rooms, bathrooms, or other private areas record a guest's private exposure commit a felony under AS 11.61.123. Alaska law does not currently require short-term rental hosts to disclose the presence of security cameras in common areas, but the industry trend is toward mandatory disclosure.
Schools
School administrators must balance security needs with student privacy. Security cameras in hallways, cafeterias, and parking lots are generally permissible. A camera in a bathroom, locker room, or athletic changing area that records a student's private exposure is a felony under AS 11.61.123 (a class B felony when the student is a minor).
How to Detect Hidden Cameras
If you suspect hidden cameras in a location where you have a reasonable expectation of privacy, consider these detection methods:
- Visual inspection: Look for small lenses, unusual objects, or devices that seem out of place
- RF detectors: Radio frequency detectors can identify wireless cameras transmitting signals
- Smartphone apps: Some apps use your phone's camera to detect infrared lights used by night-vision cameras
- Wi-Fi scanning: Check for unfamiliar devices connected to the local network
- Professional sweep: Security professionals can conduct thorough electronic sweeps
If you find a hidden camera, do not disturb it. Contact local law enforcement so they can properly document and investigate the situation.
Civil Remedies for Voyeurism Victims
In addition to criminal prosecution, victims of voyeurism in Alaska can pursue civil remedies:
- Invasion of privacy (intrusion upon seclusion): Damages for the emotional distress caused by the intrusion
- Intentional infliction of emotional distress: Available when the conduct is particularly outrageous
- Negligence claims against property owners: If a hotel, gym, or other business failed to prevent hidden camera installation on their premises
- Federal Wiretap Act claims under 18 U.S.C. Section 2520 if electronic interception was involved
Civil actions can proceed independently of criminal prosecution and may result in compensatory damages, punitive damages, and attorney's fees.
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Frequently Asked Questions
What is the penalty for hidden cameras in Alaska?
Under AS 11.61.123, producing images of an adult's private exposure is a Class C felony, and if the victim is a minor it is a Class B felony; viewing a minor without producing an image is also a Class C felony. Each of these felonies is sentenced as a sex offense under AS 12.55.125(i)(4): a first offense carries a presumptive range of 2 to 12 years, and the maximum is 99 years. Viewing an adult without producing an image is a Class A misdemeanor with up to 1 year in jail and a $25,000 fine.
Is it legal to put a camera in my own bathroom in Alaska?
You can install a camera in your own bathroom only if no one else uses it. If guests, roommates, family members, or anyone else uses the bathroom, a camera that views or records their private exposure (genitals, anus, or female breast exposed where they reasonably believed they would not be seen or photographed) violates AS 11.61.123.
Do I have to register as a sex offender for a voyeurism conviction in Alaska?
Yes, for any felony conviction under AS 11.61.123. AS 12.63.100(7)(C)(xv) makes producing a picture of an adult or a minor, and viewing a minor, sex offenses that require registration under AS 12.63. The class A misdemeanor of viewing an adult does not require registration.
Does Alaska have a revenge porn law?
Alaska does not have a specific standalone revenge porn statute as of 2026. However, sharing intimate images with intent to harass or annoy can be prosecuted as harassment in the second degree under AS 11.61.120(a)(6), and if the image itself was made covertly, the person who made it can also be charged under AS 11.61.123. Federal law may also apply. Victims can also pursue civil remedies for invasion of privacy.
What should I do if I find a hidden camera in a hotel or rental in Alaska?
Do not disturb the camera. Document its location with your own photos if possible, then immediately contact local law enforcement. You may also have civil claims against the property owner for invasion of privacy and negligence. An attorney can help you evaluate your options for both criminal reporting and civil recovery.
Updates
We corrected the penalties for Alaska's indecent viewing and picture law, whose felonies are sentenced as sex offenses (2 to 12 years presumptive for a first offense, up to 99 years) and always require registration, restated the security-camera defense and the offense's elements in the statute's own terms, corrected the HB 47 vote and its pending version, and narrowed the federal video voyeurism law to its actual reach. We corrected an FAQ answer to state that Alaska's voyeurism statute turns on capturing a person's private exposure rather than on consent, removed an unsupported claim that registrants face residence and work restrictions, tied the rental, workplace, hotel and school examples to the statute's private-exposure element, and updated the status of House Bill 47, which has not become law.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Added the minor carve-out AS 11.61.123 omitted throughout the article: viewing (without producing an image) a minor's private exposure is a Class C felony, not the flat Class A misdemeanor the page stated for all viewing-only conduct.
Governing law re-checked for recent changes
Governing law re-checked for recent changes
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.
Alaska Statutes, Title 11. Criminal Law, Chapter 61. Offenses Against Public Order
§ 11.61.123Indecent viewing or production of a pictureIn forcecited in 19 of our articles
(a) A person commits the crime of indecent viewing or production of a picture if the person knowingly (1) views, or views a picture of, the private exposure of the genitals, anus, or female breast of another person; or (2) produces a picture of the private exposure of the genitals, anus, or female breast of another person. (b) Each viewing of a person, and each production of a picture of a person, whose genitals, anus, or female breast are viewed or are shown in a picture constitutes a separate violation of this section. (c) This section does not apply to the viewing or production of a picture conducted by a law enforcement agency for a law enforcement purpose. (d) In a prosecution under this section, it is an affirmative defense that the viewing or production of a picture was conducted as a security surveillance system, notice of the viewing or production was posted, and any viewing or use of pictures produced is done only in the interest of crime prevention or prosecution.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- Knutsen v. State (Court of Appeals of Alaska 2004, 101 P.3d 1065)“…eumstance that makes the defendant's conduct criminal under AS 11.61.123(a), we interpret AS 11.61.123(a) to mea…”
- Faye H. v. James B. (Alaska Supreme Court 2015, 348 P.3d 876)“…(1), .220(a)(1)(c), .436(a)(2). 4 See AS 11.61.123(a)(2). 5 See AS 1…”
- United States v. Moreland (Court of Appeals for the Fifth Circuit 2011, 665 F.3d 137)“…nority of states criminalize viewing child pornography. See Alaska Stat. § 11.61.123 (2009); Ark. Code Ann. § 5-27-602 (2010…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Smart Glasses Recording Laws 2026, Alaska Recording Laws (2026): One-Party Consent Rules, Alaska Dashcam Laws: Recording Rules, Windshield Mounting, and Legal Limits (2026)
Alaska Statutes, Title 42. Public Utilities and Carriers and Energy Programs, Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping
§ 42.20.310EavesdroppingIn forcecited in 21 of our articles
(a) A person may not (1) use an eavesdropping device to hear or record all or any part of an oral conversation without the consent of a party to the conversation; (2) use or divulge any information which the person knows or reasonably should know was obtained through the illegal use of an eavesdropping device for personal benefit or another's benefit; (3) publish the existence, contents, substance, purport, effect, or meaning of any conversation the person has heard through the illegal use of an eavesdropping device; (4) divulge, or publish the existence, contents, substance, purport, effect, or meaning of any conversation the person has become acquainted with after the person knows or reasonably should know that the conversation and the information contained in the conversation was obtained through the illegal use of an eavesdropping device. (b) In this section eavesdropping device means any device capable of being used to hear or record oral conversation whether the conversation is conducted in person, by telephone, or by any other means; provided that this definition does not include devices used for the restoration of the deaf or hard-of-hearing to normal or partial hearing.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at akleg.gov
Also relied on in: One-Party Consent States: Complete 2026 Guide, Alaska Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Alaska Landlord-Tenant Recording Laws: Cameras, Privacy Rights, and Disputes (2026)
United States Code Title 18
§ 1801Video voyeurismIn forcecited in 81 of our articles
Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both. In this section— the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons; the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual; the term “female breast” means any portion of the female breast below the top of the areola; and the term “under circumstances in which that individual has a reasonable expectation of privacy” means— circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or circumstances in which a…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Courts have applied 18 U.S.C. 1801 mainly at its edges. United States v. Johnson (2010) read it as Congress's answer to secretly filming nudity on federal property, acquitting on a child exploitation charge instead. EPIC v. Department of Homeland Security (2011) applied the Section 1801(c) law enforcement exception to a TSA scanner claim.
Opinions citing this section in our collection:
- United States v. Anthony Helton (Court of Appeals for the Fourth Circuit 2019, 944 F.3d 198)“…from this list of federal offenses is video voyeurism under 18 U.S.C. § 1801. Rather than list this statute as an enu…”
- United States v. Johnson (District Court, W.D. Missouri 2010, 719 F. Supp. 2d 1059)✓A weightlifting coach hid a camera to film minors weighing in nude; acquitting him under the child exploitation statute, the court called that conduct plain video voyeurism under section 1801, but noted the section reaches only federal maritime and territorial jurisdiction.
- Electronic Privacy Information Center v. United States Department of Homeland Security (Court of Appeals for the D.C. Circuit 2011, 653 F.3d 1)✓Privacy groups challenged TSA body scanners under the Video Voyeurism Prevention Act; the D.C. Circuit held the statute's exception for lawful law enforcement, correctional, or intelligence activity applied to airport screening, so the section 1801 claim failed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Is It Illegal to Video Record Someone Without Their Consent? (2026), California Voyeurism and Hidden Camera Laws: Penalties and Protections (2026), Delaware Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections (2026)
§ 2520Recovery of civil damages authorizedIn forcecited in 130 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 opinions in our collectionLatest citing opinion in our collection: 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.
Opinions citing this section in our collection:
- 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: Can an Employer Record Conversations Without Consent? (2026), Can I Sue Someone for Recording Me on Private or Public Property?, Federal Wiretap Act and ECPA: The Complete Guide (2026)
Sources and References
- AS 11.61.123 - Indecent Viewing or Production of a Picture(akleg.gov).gov
- AS 12.55.125 - Felony Sentencing Provisions(akleg.gov).gov
- AS 12.63 - Sex Offender Registration Act(akleg.gov).gov
- Alaska DPS - Sex Offender Registry(dps.alaska.gov).gov
- 18 U.S.C. Section 1801 - Video Voyeurism Prevention Act(uscode.house.gov).gov
- 18 U.S.C. Section 2520 - Federal Wiretap Act Civil Remedies(uscode.house.gov).gov
- Senate Bill 85 - 34th Alaska Legislature(akleg.gov).gov