Arizona
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 in bathrooms, locker rooms, and other private locations 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, and convictions can result in sex offender registration.
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 into a private area (through windows, over walls, through peepholes) without consent and for sexual purposes
- Records another person in a private setting without consent for sexual purposes
- Uses any device to view or record someone in a state of nudity or engaged in sexual activity without their knowledge
The key elements prosecutors must prove:
- The defendant knowingly invaded another person's privacy
- The invasion was without the victim's knowledge
- The purpose was sexual stimulation
Penalties for Voyeurism
| Offense | Classification | Mitigated | Presumptive | Aggravated |
|---|---|---|---|---|
| Basic voyeurism | Class 5 felony | 0.5 years | 1.5 years | 2.5 years |
| Distribution of voyeuristic recording (victim identifiable) | Class 4 felony | 1 year | 2.5 years | 3.75 years |
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.
Penalties for Surreptitious Recording
| Offense | Classification | Maximum Sentence |
|---|---|---|
| Surreptitious recording in a private location | Class 5 felony | 2 years |
| Recording that captures genitalia, buttocks, or breast not otherwise visible to the public (e.g., upskirt photography) | Class 5 felony | 2 years |
| Distribution of surreptitious recording (victim recognizable) | Class 4 felony | 3.75 years |
| Distribution of an unlawful intimate-area recording (victim recognizable) | Class 4 felony | 3.75 years |
Differences Between ARS 13-1424 and ARS 13-3019
| Factor | ARS 13-1424 (Voyeurism) | ARS 13-3019 (Surreptitious Recording) |
|---|---|---|
| Sexual purpose required? | Yes | No |
| Covers direct viewing? | Yes | Yes |
| Covers recording? | Yes | Yes |
| Covers distribution? | Yes | Yes |
| Basic offense level | Class 5 felony | Class 5 felony |
| Distribution offense level | Class 4 felony | Class 4 felony |
| Upskirt-type capture? | Not specifically addressed | Covered where intimate areas are not otherwise visible to the public |
Prosecutors may charge defendants under both statutes depending on the circumstances. The sexual motivation element of ARS 13-1424 can result in more severe base penalties and additional consequences, such as sex offender registration.
Charged with Surreptitious Recording or Voyeurism in Arizona? Get a Free Case Review
ARS 13-3019 and ARS 13-1424 charges are felonies that can mean prison time, steep fines, and sex offender registration. Get a free, confidential case review from an Arizona criminal defense attorney. Acting quickly, and before you talk to investigators, protects your options.
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.
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): Community notification is limited; registration information is available to law enforcement only
- 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
- Pursue a court order requiring takedown under ARS 13-1425 (Arizona NCII statute)
- Federal criminal penalties under 18 U.S.C. 1801 apply when the offense occurs on federal property
AI Deepfakes and Synthetic Intimate Images
Arizona enacted HB 2394 (ARS 16-1023) (signed May 21, 2024), creating a civil right of action against any person who knowingly creates, distributes, or publishes a synthetic digital image that falsely depicts an identifiable person in a sexually explicit manner without consent. This covers AI-generated deepfakes of real people. 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). The burden is on the defendant to show consent was given.
No Reasonable Expectation of Privacy
If the recording occurred in a location where the person had no reasonable expectation of privacy, the surreptitious recording statute does not apply. Public areas, open office spaces, and outdoor locations generally do not carry privacy expectations.
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
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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, 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, fines up to $150,000, and sex offender registration. 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 3.75 years. 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 whenever someone is secretly recorded in a place where they expect privacy, 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 (ranging from 0.5 to 2.5 years for first offenders) and fines up to $150,000. Distributing voyeuristic recordings where the victim is identifiable is a Class 4 felony with up to 3.75 years in prison.
Is it illegal to put a hidden camera in a bathroom in Arizona?
Yes. Under ARS 13-3019, secretly recording someone in a bathroom is a Class 5 felony punishable by up to 2 years in prison. If the recording is distributed and the victim is recognizable, it becomes a Class 4 felony with up to 3.75 years. If done for sexual purposes, voyeurism charges under ARS 13-1424 may also apply.
Do you have to register as a sex offender for voyeurism in Arizona?
Potentially, yes. 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.
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 actual damages, compensatory damages, punitive damages, and attorney fees. You may also have claims against a property owner who failed to prevent the hidden camera.
Updates
Corrected ARS 13-3019 surreptitious recording (device-based) from a Class 6 to a Class 5 felony, corrected the invented 'Section B (under/through clothing)' to match the statute's actual structure, and corrected the sex offender registration timeline and voyeurism-registration description to match ARS 13-3821.
Completed the ARS 13-3019 correction across the key takeaways, penalty and comparison tables, and FAQ: the statute reaches upskirt-type recording through its 'not otherwise visible to the public' standard rather than an explicit under-or-through-clothing clause.
Added AI deepfake and TAKE IT DOWN Act section: HB 2394 (ARS 16-1023, signed May 21 2024) civil right of action for synthetic intimate images; TAKE IT DOWN Act (signed May 19 2025, effective May 19 2026) platform 48-hour takedown obligation. Updated image-removal section to include TAKE IT DOWN Act notice rights.
The Law Behind This Article
This article rests on 6 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 14 (SEXUAL OFFENSES)
§ 13-1424Voyeurism; classificationIn forcecited in 8 of our articles
A. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation. B. It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in violation of subsection A of this section without the consent or knowledge of the person depicted. C. For the purposes of this section, a person's privacy is invaded if both of the following apply: 1. The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded. 2. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either: (a) While the person is in a state of undress or partial dress. (b) While the person is engaged in sexual intercourse or sexual contact. (c) While the person is urinating or defecating. (d) 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. D.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Also relied on in: Arizona Audio Recording Laws: Complete Guide to Consent Rules, Arizona Security Camera Laws: Rules for Homes and Businesses, Arizona Video Recording Laws: Rules for Cameras and Filming
§ 13-1425Unlawful disclosure of images depicting states of nudity or specific sexual activities; classification; definitionsIn forcecited in 3 of our articles
A. It is unlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all of the following apply: 1. The person in the image is depicted in a state of nudity or is engaged in specific sexual activities. 2. The depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person's reasonable expectation of privacy for that image. Unless the realistic pictorial representation is created or modified by the depicted person, this paragraph does not apply to an image that is a realistic pictorial representation. 3. The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person. B. This section does not apply to any of the following: 1. The reporting of unlawful conduct. 2. Lawful and common practices of law enforcement, criminal reporting, legal proceedings or medical treatment. 3. Images involving voluntary exposure in a public or commercial setting. 4.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Also relied on in: Arizona Recording Laws (2026): One-Party Consent Rules, Arizona Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 30 (EAVESDROPPING AND COMMUNICATIONS)
§ 13-3019Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitionsIn forcecited in 14 of our articles
A. It is unlawful for any person 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 under either of the following circumstances: 1. 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. 2. 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. B. It is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made in violation of subsection A of this section without the consent or knowledge of the person depicted. C. This section does not apply to: 1.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Also relied on in: Arizona Landlord-Tenant Recording Laws: Rights for Renters and Property Owners, Arizona Medical Recording Laws: Patient Rights and HIPAA Rules, Arizona Laws on Recording in Public: What You Can and Cannot Film
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 38 (MISCELLANEOUS), Article 3 (Registration of Sex Offenders and Offender Monitoring)
§ 13-3821Persons required to register; procedure; identification card; assessment; definitionsIn force
A. A person who has been convicted of or adjudicated guilty except insane for a violation or attempted violation of any of the following offenses or who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in this section or who is required to register by the convicting or adjudicating jurisdiction, within ten days after the conviction or adjudication or within seventy-two hours, excluding weekends and legal holidays, after entering and remaining for at least seventy-two hours in any county of this state, shall register with the sheriff of that county: 1. Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent. 2.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 7 (SENTENCING AND IMPRISONMENT)
§ 13-702First time felony offenders; sentencing; definitionIn forcecited in 10 of our articles
A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section. Except for those felonies involving a dangerous offense or if a specific sentence is otherwise provided, the court may increase or reduce the presumptive sentence within the ranges set by subsection D of this section. Any reduction or increase shall be based on the aggravating and mitigating circumstances listed in section 13-701, subsections D and E and shall be within the ranges prescribed in subsection D of this section. B.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Also relied on in: Arizona Phone Call Recording Laws: What You Need to Know, Arizona Hit and Run Laws: Penalties and What to Do, Arizona Smart Glasses Recording Laws (2026)
United States Code Title 18
§ 1801Video voyeurismIn forcecited in 79 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) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: Alaska Voyeurism and Hidden Camera Laws: AS 11.61.123 Explained (2026), Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026), Colorado Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections
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Sources and References
- Arizona Revised Statutes 13-1424 - Voyeurism Classification(azleg.gov).gov
- Arizona Revised Statutes 13-3019 - Surreptitious Photographing, Videotaping, Filming(azleg.gov).gov
- Arizona Revised Statutes 13-3821 - Sex Offender Registration(azleg.gov).gov
- Arizona Revised Statutes 13-702 - First Time Felony Offenders Sentencing(azleg.gov).gov
- Arizona Revised Statutes 13-1425 - Unlawful Disclosure of Images(azleg.gov).gov
- FBI Internet Crime Complaint Center (IC3)(ic3.gov).gov
- Federal Video Voyeurism Prevention Act - 18 U.S.C. 1801(law.cornell.edu)