Arizona Surreptitious Recording & Voyeurism Laws: ARS 13-3019 Penalties (2026)

Arizona criminalizes voyeurism and surreptitious recording under two felony statutes: ARS 13-1424, which requires proof of sexual purpose, and ARS 13-3019, which prohibits secretly recording people who are undressing, nude, using the toilet or engaged in sexual activity in bathrooms, locker rooms and other private locations, or capturing their intimate areas, without requiring sexual motivation.

Arizona takes voyeurism and hidden camera offenses seriously. Two primary statutes address these crimes: ARS 13-1424 (voyeurism) and ARS 13-3019 (surreptitious photographing, videotaping, filming, and digitally recording or viewing). Both carry felony penalties; an ARS 13-1424 voyeurism conviction can also bring discretionary sex offender registration, and an ARS 13-3019 surreptitious recording conviction can too if the jury finds the offense was sexually motivated.

This guide covers Arizona's voyeurism and hidden camera laws in detail, including what conduct is prohibited, the penalties for each offense, sex offender registration requirements, victim rights, defenses, and how these laws interact with other Arizona recording statutes.

ARS 13-1424: Arizona's Voyeurism Statute

What the Law Prohibits

ARS 13-1424 makes it a crime to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation. The statute covers both direct observation and recording.

Under this statute, voyeurism occurs when a person:

• Looks at another person (through windows, over walls, through peepholes), with or without a device, without that person's knowledge and for sexual purposes, while the person is undressed or partly dressed, engaged in sexual activity, or using the toilet
• Records another person in those same circumstances without their knowledge for sexual purposes
• Views or records someone's genitalia, buttock, or female breast in a way that is not otherwise visible to the public, without their knowledge and for sexual purposes

The key elements prosecutors must prove:

1. The defendant knowingly invaded another person's privacy
2. The invasion was without the victim's knowledge
3. The purpose was sexual stimulation
4. The person had a reasonable expectation of not being viewed or recorded, and was viewed or recorded while undressed or partly dressed, engaged in sexual activity, urinating or defecating, or in a way that exposed intimate areas not otherwise visible to the public (ARS 13-1424(C))

Penalties for Voyeurism

Sentencing follows ARS 13-702 for first-time offenders. Repeat offenders face significantly enhanced sentences.

In addition to prison time, courts may impose:

• Fines up to $150,000
• Probation with conditions (including sex offender treatment)
• Restitution to the victim
• No-contact orders

What "For the Purpose of Sexual Stimulation" Means

The sexual motivation element distinguishes voyeurism from other recording offenses. Prosecutors typically establish this element through:

• The nature of what was recorded (nudity, intimate activities)
• Where the camera was positioned (aimed at a shower, toilet, or bedroom)
• The defendant's statements or admissions
• The content found on the defendant's devices
• The manner in which the recording was stored or used

If the recording was made for a non-sexual purpose (such as a legitimate security concern), the voyeurism statute may not apply, though ARS 13-3019 (surreptitious recording) might still be relevant.

ARS 13-3019: Surreptitious Recording Statute

What the Law Prohibits

ARS 13-3019 is broader than the voyeurism statute and does not require proof of sexual motivation. It prohibits the following conduct:

Section A (Recording in Private Locations): It is unlawful to knowingly photograph, videotape, film, digitally record, or by any other means secretly view, with or without a device, another person without that person's consent:

• In a restroom, bathroom, locker room, bedroom, or other location where the person has a reasonable expectation of privacy and the person is urinating, defecating, dressing, undressing, nude, or involved in sexual intercourse or sexual contact
• In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock, or female breast, whether clothed or unclothed, that is not otherwise visible to the public. This is the provision that reaches upskirt photography and similar conduct.

Section B (Distribution): It is unlawful to knowingly disclose, display, distribute, or publish a photograph, videotape, film, or digital recording made in violation of Section A without the consent or knowledge of the person depicted.

Section C (Exemptions): The statute does not apply to recording for security purposes where notice of the recording equipment is clearly posted in the location, recording by correctional officials for security reasons or misconduct investigations in a jail or prison, otherwise lawful recording by law enforcement officers during an investigation, or the use of a child monitoring device as defined in ARS 13-3001.

Penalties for Surreptitious Recording

The 3-year figure is the ordinary statutory maximum for a first-time Class 4 felony under ARS 13-702. A court can impose up to 3.75 years only on an aggravated sentence, which requires the state to prove at least two aggravating factors beyond a reasonable doubt. ARS 13-3019 also covers secretly viewing someone without a device; that offense carries the lighter Class 6 penalty unless it is a repeat violation.

Differences Between ARS 13-1424 and ARS 13-3019

Prosecutors may charge defendants under both statutes depending on the circumstances. The two offenses carry the same felony classes. The sexual motivation element of ARS 13-1424 matters mainly because voyeurism is a Chapter 14 offense, which lets the judge order sex offender registration; a 13-3019 conviction can reach registration only through a separate jury finding of sexual motivation under ARS 13-118.

Sex Offender Registration

When Registration Is Required

Under ARS 13-3821, Arizona requires sex offender registration for certain offenses listed in the statute. Voyeurism under ARS 13-1424 is not on that automatic list; instead, the sentencing judge has discretion to require registration for any Chapter 14 offense, which includes voyeurism. The registration requirement depends on the specific circumstances and the court's determination. Surreptitious recording under ARS 13-3019, this page's other primary statute, is codified in Chapter 30, not Chapter 14. It is not on the automatic registration list and is not reachable through the judge's Chapter 14 discretion. However, ARS 13-3821(C) also lets the sentencing judge require registration for any offense for which there was a finding of sexual motivation under ARS 13-118. Prosecutors may file that special allegation in a 13-3019 case, and if the jury finds beyond a reasonable doubt that one purpose of the recording was the defendant's sexual gratification, registration becomes possible.

Individuals required to register must:

• Register with the county sheriff within ten days after conviction or adjudication if not confined; if confined, the Department of Corrections completes registration before release, in coordination with the Department of Public Safety and the county sheriff
• Provide name, address, employment information, vehicle information, and a photograph
• Update registration annually (at minimum)
• Notify law enforcement of any address changes within 72 hours

Registration Tiers

Arizona uses a tier-based system for sex offenders. The tier assigned depends on the severity of the offense, the offender's history, and a risk assessment:

• Level 1 (Low Risk): The local police agency keeps the information, may share it with other law enforcement agencies, and may notify the people the offender lives with (broader notification applies to level one offenders convicted of a dangerous crime against children)
• Level 2 (Intermediate Risk): Broader community notification; information available to schools, childcare facilities, and community organizations
• Level 3 (High Risk): Full public notification; information is widely available to the community

Duration of Registration

The duration of sex offender registration in Arizona depends on the offense and the risk level. Under ARS 13-3821, registration may be required for life or for a specific term. Petitions to terminate registration may be filed after certain conditions are met.

Hidden Camera Investigations and Evidence

How Hidden Camera Cases Are Investigated

Arizona law enforcement investigates hidden camera cases through several methods:

• Victim discovery: A victim finds a hidden camera and reports it to police
• Digital forensics: Examination of computers, phones, and cloud storage for surreptitious recordings
• Building inspections: Maintenance workers or building inspectors may discover hidden cameras
• Network analysis: Some hidden cameras transmit wirelessly and can be detected through network scanning
• Tips from accomplices or witnesses: Third parties report suspicious recording activity

What Constitutes a Hidden Camera

Arizona law does not define "hidden camera" as a specific term. Any device capable of recording or transmitting visual images can qualify, including:

• Commercially sold spy cameras (disguised as clocks, smoke detectors, USB chargers, pens, glasses, etc.)
• Modified smartphones or tablets
• Webcams and IP cameras positioned covertly
• Drones used for surveillance in private areas
• Pinhole cameras concealed in walls, ceilings, or objects

Digital Evidence

In hidden camera prosecutions, digital evidence is often critical:

• Metadata: Image and video files contain metadata showing when and where recordings were made
• Storage analysis: Forensic examination of hard drives, memory cards, and cloud accounts
• Internet activity: Purchase history for spy cameras, visits to voyeuristic websites
• Communication records: Messages discussing the recordings

Victim Rights and Civil Remedies

Criminal Restitution

Arizona courts can order defendants convicted of voyeurism or surreptitious recording to pay restitution to victims for:

• Counseling and therapy costs
• Lost wages due to emotional distress
• Relocation expenses if the victim needs to move
• Other documented expenses resulting from the crime

Civil Lawsuits

Victims can also pursue civil lawsuits separate from criminal prosecution. Available claims include:

• Invasion of privacy: Intrusion upon seclusion, a recognized tort in Arizona
• Intentional infliction of emotional distress: Voyeurism and hidden camera recording easily meet the "outrageous conduct" standard
• Negligent infliction of emotional distress: In some circumstances
• Negligent security: Against property owners who failed to prevent hidden cameras on their premises (hotels, gyms, landlords)

Image Removal and Takedown

If voyeuristic images have been distributed online, victims have several remedies:

• Report the content to the hosting platform for removal under the federal TAKE IT DOWN Act (signed May 19, 2025; effective May 19, 2026), which requires covered platforms to remove nonconsensual intimate images within 48 hours of notice
• File a complaint with the FBI Internet Crime Complaint Center (IC3) if the distribution crosses state lines
• Report the disclosure to police: intentionally disclosing an identifiable nude or sexual image of someone who had a reasonable expectation of privacy, with intent to harm, harass, intimidate, threaten, or coerce them, is a crime under ARS 13-1425 (a felony, class 4 if done electronically). The statute is criminal only and does not itself provide a takedown order
• The federal video voyeurism law, 18 U.S.C. 1801, applies only within the special maritime and territorial jurisdiction of the United States, such as certain federal enclaves, not to federal property generally

AI Deepfakes and Synthetic Intimate Images

Arizona enacted HB 2394 (ARS 16-1023) (signed May 21, 2024), creating a civil right of action against a person who knowingly publishes a digital impersonation of someone without consent, where either the publisher failed to reasonably disclose the content was fake or a reasonable viewer would not recognize it as fake. That base claim supports declaratory relief. To recover damages for a sexual deepfake specifically, the statute requires more: the image must depict a sexual act or unclothed breasts, buttocks, or genitals and appeal to prurient interest under local community standards, the person depicted must not have been a public figure when the claim arose, and the publisher must have known the depiction was false or failed to correct it within 21 days of learning the truth. This covers AI-generated sexual deepfakes of real people, but a victim seeking damages has to meet those added elements, not just the base publication elements. The federal TAKE IT DOWN Act (effective May 19, 2026) also covers AI-generated nonconsensual intimate images, extending platform takedown obligations to synthetic depictions. SB 1078 was not enacted.

Common Defenses in Hidden Camera Cases

Consent

The most common defense is that the alleged victim consented to being recorded. Consent can be express (verbal or written) or implied (by the circumstances). Under ARS 13-3019, lack of consent is part of the offense, so the prosecution must prove beyond a reasonable doubt that the person did not consent. Under ARS 13-1424, the prosecution must prove the person did not know about the viewing or recording.

No Reasonable Expectation of Privacy

The part of ARS 13-3019 that covers bathrooms, locker rooms, bedrooms and similar places applies only where the person had a reasonable expectation of privacy, so recording in an open public area is generally outside that provision. This defense does not reach the separate provision on capturing a person's genitalia, buttock or breast in a way not otherwise visible to the public, which applies anywhere, including in public. Voyeurism under ARS 13-1424 likewise requires a reasonable expectation of not being viewed or recorded.

Lack of Knowledge

Both ARS 13-1424 and ARS 13-3019 require that the defendant acted "knowingly." If the defendant did not know a camera was recording (for example, if a camera was set up by a previous occupant), this element may not be met.

No Sexual Purpose (For Voyeurism Charges)

For charges under ARS 13-1424 specifically, the defendant may argue that the recording was not made for sexual stimulation. A legitimate security purpose, artistic expression, or other non-sexual motivation could negate this element.

Related Arizona Statutes

Several other Arizona statutes may apply in hidden camera and voyeurism cases:

• ARS 13-1425: Unlawful disclosure of images depicting states of nudity or specific sexual activities (Arizona's "revenge porn" statute)
• ARS 13-3005: Interception of communications (applies when hidden cameras capture audio)
• ARS 13-2921: Harassment (when hidden cameras are used to stalk or intimidate)
• ARS 13-1504: Criminal trespass (when cameras are placed on property without authorization)

Arizona 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

Back to Arizona Recording Laws

More Arizona Recording Topics

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• Surveillance Camera Laws

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Frequently Asked Questions

What does surreptitious recording mean under Arizona law?

Surreptitious recording is the specific term used in ARS 13-3019, Arizona's statute banning secretly photographing, videotaping, filming, or digitally recording someone without consent in a place where they have a reasonable expectation of privacy, such as a bathroom, locker room, or bedroom, while they are undressing, nude, using the toilet, or engaged in sexual activity, or by capturing intimate areas that are not otherwise visible to the public. Unlike voyeurism under ARS 13-1424, it does not require proof of a sexual purpose.

Do I need a surreptitious recording defense attorney in Arizona?

If you have been charged, contacted by investigators, or believe you are under investigation for surreptitious recording (ARS 13-3019) or voyeurism (ARS 13-1424), speak with a criminal defense attorney before making any statements. Both are felonies in Arizona, and a conviction can carry prison time and fines up to $150,000. A voyeurism conviction under ARS 13-1424 can also carry discretionary sex offender registration, and so can a surreptitious recording conviction under ARS 13-3019 if the jury finds it was sexually motivated. An attorney can evaluate defenses such as consent, lack of a reasonable expectation of privacy, or lack of knowledge before you talk to police.

Is surreptitious recording a felony in Arizona?

Yes. Surreptitious recording under ARS 13-3019 is a Class 5 felony, punishable by up to 2 years in prison. If the recording is distributed and the person depicted is recognizable, the charge escalates to a Class 4 felony, punishable by up to 3 years (up to 3.75 years only if the court finds aggravating factors). Voyeurism under the related ARS 13-1424 is also a Class 5 felony, and distributing a voyeuristic recording of an identifiable victim is a Class 4 felony.

What is the difference between surreptitious recording and voyeurism in Arizona?

Voyeurism (ARS 13-1424) requires the prosecution to prove the recording or viewing was done for sexual stimulation. Surreptitious recording (ARS 13-3019) is broader and does not require a sexual purpose; it applies when someone is secretly recorded in a place where they expect privacy while undressing, nude, using the toilet, or engaged in sexual activity, or when intimate areas not otherwise visible to the public are captured. Prosecutors can and do charge both statutes for the same conduct.

What is the penalty for voyeurism in Arizona?

Voyeurism under ARS 13-1424 is a Class 5 felony with a presumptive sentence of 1.5 years in prison for first offenders, a maximum of 2 years, and a range of 0.5 years (mitigated) to 2.5 years (aggravated), plus fines up to $150,000. Distributing voyeuristic recordings where the victim is recognizable is a Class 4 felony with up to 3 years in prison (3.75 years only if the court finds aggravating factors).

Is it illegal to put a hidden camera in a bathroom in Arizona?

Yes. Under ARS 13-3019, secretly recording someone in a bathroom while they are using it, undressing, or nude is a Class 5 felony punishable by up to 2 years in prison for a first offense. If the recording is distributed and the victim is recognizable, it becomes a Class 4 felony punishable by up to 3 years (up to 3.75 years only if the court finds aggravating factors). If done for sexual purposes, voyeurism charges under ARS 13-1424 may also apply. The statute exempts recording for security purposes where notice of the equipment is clearly posted in the location, and the use of a child monitoring device.

Do you have to register as a sex offender for voyeurism in Arizona?

Potentially, yes, for voyeurism specifically. Voyeurism under ARS 13-1424 is not on ARS 13-3821's automatic list of registrable offenses, but the sentencing judge has discretion to require registration for any Chapter 14 offense, which includes voyeurism. The court will determine whether registration is required based on the specific circumstances, the offender's history, and a risk assessment. Registration can range from limited law enforcement notification to full public notification. Surreptitious recording under ARS 13-3019 is a different, non-Chapter-14 statute and is not on the registration list, but under ARS 13-3821(C) the judge may still require registration if the jury found the offense was sexually motivated under ARS 13-118.

Is upskirt photography illegal in Arizona?

Yes. ARS 13-3019 prohibits recording that captures a person's genitalia, buttock, or female breast in a manner not otherwise visible to the public, which covers upskirt photography, without that person's consent. This is a Class 5 felony. Distributing such recordings when the victim is recognizable is a Class 4 felony.

Can I sue someone for putting a hidden camera in my room in Arizona?

Yes. In addition to criminal prosecution, you can file a civil lawsuit for invasion of privacy, intentional infliction of emotional distress, and other claims. You may recover compensatory damages and, for intentional or outrageous conduct, punitive damages. If the hidden device also recorded your conversations, ARS 12-731 adds statutory damages of $100 a day or $10,000, whichever is greater, plus attorney fees, but a claim under it must be filed within one year after you had a reasonable opportunity to discover the violation. You may also have claims against a property owner who failed to prevent the hidden camera.