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Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026)

Independently fact-checkedEditor-reviewedLaw current as of August 7, 2026By Recording Law Editorial TeamReviewed November 2, 202613 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 7, 2026. · 5 primary sources cited on this page. How we verify our legal content

Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026)

Arkansas criminalizes video voyeurism under Ark. Code Ann. 5-16-101, which creates two distinct offenses. Secret observation or recording in a private area is a Class D felony for a first or second offense, carrying up to six years in prison, and escalates to a Class C felony for a third or subsequent offense or whenever the victim is under 14.

Arkansas takes video voyeurism seriously, imposing felony-level criminal penalties on individuals who use cameras or recording devices to secretly observe or record others in private settings. The primary statute is Ark. Code 5-16-101, which addresses two distinct categories of voyeuristic conduct and assigns different penalty levels to each.

This guide provides a comprehensive analysis of Arkansas voyeurism law, including the elements of each offense, the penalties, common scenarios, defenses, and the civil remedies available to victims.

What Is Video Voyeurism Under Arkansas Law?

Video voyeurism in Arkansas is defined by Ark. Code 5-16-101 and involves two separate criminal offenses. Both center on the use of recording or image-capturing technology to secretly observe or record someone in a setting where they have a reasonable expectation of privacy.

Section 5-16-101(a): Secret Observation or Recording in Private Areas

The first and more serious offense is defined in subsection (a). It is unlawful for any person to use a camera, videotape, photo-optical, photo-electric, or any image recording device for the purpose of secretly observing, photographing, filming, or videotaping another person in a private area where the person being recorded:

  1. Has a reasonable expectation of privacy, and
  2. Has not consented to the observation or recording

The key elements prosecutors must prove are: (1) the use of an image-capturing device, (2) the intent to secretly observe or record, (3) the victim was in a private area with a reasonable expectation of privacy, and (4) the victim did not consent.

Section 5-16-101(b): Secret Recording of Another Person's Body

The second offense addresses using concealed equipment to secretly record another person's body in situations where the person has a reasonable expectation of bodily privacy. This subsection targets conduct such as "upskirt" recordings, hidden cameras aimed at undressing individuals, and similar invasions of bodily privacy.

The distinction between subsections (a) and (b) is significant because the penalties differ substantially. Subsection (a) carries felony penalties, while subsection (b) starts as a Class B misdemeanor but escalates to a Class A misdemeanor when the offender distributes or posts the recording, or has a prior conviction under the section.

Penalties for Voyeurism in Arkansas

Felony Penalties Under Section 5-16-101(a)

The penalties for video voyeurism under subsection (a) escalate with repeat offenses.

Arkansas voyeurism penalties range from up to 90 days for secret body recording to 3 to 10 years in prison for a third offense or any offense against a victim under 14.
Secret recording in a private area is a felony in Arkansas, and the penalty jumps on a third offense or when the victim is under 14.

First or second offense:

Victim under 14 years of age:

  • Class C felony even for a first offense (3 to 10 years), a carve-out written into Ark. Code 5-16-101 itself

Third or subsequent offense:

  • Class C felony
  • 3 to 10 years in prison
  • Fines up to $10,000 under Ark. Code 5-4-201 (the same statutory maximum as the Class D felony tier -- only the classification and prison range escalate, not the fine cap)

A Class D felony conviction in Arkansas carries significant collateral consequences beyond imprisonment. These include a permanent felony record, potential loss of voting rights during incarceration, restrictions on firearm ownership, and difficulty obtaining employment, housing, and professional licenses.

Misdemeanor Penalty Under Section 5-16-101(b)

Secret body recording:

  • Class B misdemeanor
  • Up to 90 days in jail
  • Fine up to $1,000

While the misdemeanor classification might seem relatively light, a conviction still creates a criminal record and carries lasting personal and professional consequences.

Penalty Comparison Table

OffenseStatuteClassificationMaximum Imprisonment
Secret observation/recording in private area (1st/2nd)5-16-101(a)Class D felonyUp to 6 years
Secret observation/recording in private area (3rd+, or victim under 14)5-16-101(a)Class C felony3 to 10 years
Secret recording of body5-16-101(b)Class B misdemeanor (Class A if distributed/posted or prior conviction)Up to 90 days (up to 1 year for Class A)

Where Do People Have a Reasonable Expectation of Privacy?

a vacation rental living room corner with a round white smoke detector on the ceiling above a grey sofa and plant

The concept of "reasonable expectation of privacy" is central to the voyeurism statute. Arkansas courts assess whether a reasonable person in the victim's position would have expected privacy in the particular location and circumstances.

Locations That Typically Qualify

The following locations are almost always considered areas where a person has a reasonable expectation of privacy:

  • Bathrooms and restrooms in homes, businesses, and public facilities
  • Locker rooms in gyms, schools, swimming pools, and athletic facilities
  • Changing rooms and fitting rooms in retail stores
  • Bedrooms and private sleeping areas
  • Hotel and motel rooms
  • Medical examination rooms and patient treatment areas
  • Tanning booths and spa treatment rooms
  • Private offices with closed doors (in certain circumstances)

Locations That Typically Do Not Qualify

Areas where a person would not reasonably expect privacy generally include:

  • Public streets and sidewalks
  • Retail store sales floors
  • Open-plan office spaces
  • Parking lots
  • Public parks and recreation areas
  • Building lobbies and common hallways

Gray Areas

Some locations fall into a gray area depending on the circumstances. A cubicle in an open office may or may not carry a reasonable expectation of privacy depending on its layout and the norms of the workplace. A shared dormitory room might raise different expectations than a single-occupancy bedroom.

Common Scenarios and How the Law Applies

Hidden Cameras in Bathrooms

Installing a hidden camera in a bathroom, whether in a private home, a workplace, or a public restroom, is one of the most straightforward violations of Ark. Code 5-16-101(a). The victim is in a space where privacy expectations are at their highest, and the use of a recording device to secretly observe them is a Class D felony for a first or second offense, or a Class C felony if the victim is under 14.

Hidden Cameras in Bedrooms

Placing a hidden camera in a bedroom to record sexual activity or nudity without the other person's consent falls squarely within the statute. This is true even if the person installing the camera owns the home or rents the bedroom. Property ownership does not override the other person's reasonable expectation of privacy in that space.

Upskirt or Downblouse Recordings

Using a concealed camera or phone to record beneath a person's clothing or down their shirt constitutes a violation of Section 5-16-101(b) at minimum. Depending on the circumstances, prosecutors may also charge under subsection (a) if the recording occurred in a private setting.

Peeping Through Windows

Using a camera or recording device to peer through windows into a person's home, even from a public space or from your own adjacent property, can violate the voyeurism statute. The person inside their home has a reasonable expectation of privacy, and using technology to defeat that privacy is the exact conduct the statute targets.

Nanny Cameras and In-Home Recordings

Homeowners who install cameras inside their own home for security purposes (often called "nanny cams") generally do not violate the voyeurism statute when cameras are placed in common areas like living rooms, kitchens, and hallways. Placing cameras in bathrooms, guest bedrooms, or other areas where a guest or caretaker would reasonably expect privacy carries real legal risk and is not recommended, though the statute's exemption for "security monitoring operated by or at the direction of an occupant of a residence" (Ark. Code 5-16-101(d)(2)) creates some ambiguity about its outer limits that Arkansas courts have not resolved.

Spy Cameras in Rental Properties

A landlord who installs hidden cameras inside a tenant's rental unit violates Ark. Code 5-16-101. The tenant has a reasonable expectation of privacy inside their own home, and the landlord's ownership of the property does not authorize secret surveillance of the tenant.

a hand sweeping a plain black handheld scanner past books and a vase on a bedside table

Consent is the primary defense to a voyeurism charge under Ark. Code 5-16-101. If the person being recorded knowingly and voluntarily agreed to be observed or recorded, the conduct does not violate the statute.

Consent must be:

  • Voluntary: Given freely, without coercion, threats, or deception
  • Informed: The person must understand that they are being recorded or observed
  • Specific: Consent to be recorded in one context (such as a professional photo shoot) does not extend to secret recordings in private moments

Consent obtained through deception, intoxication, or duress is not valid under Arkansas law. If a person agrees to be filmed for one purpose and the recorder secretly uses the footage for another, the original consent does not shield the recorder from liability.

Similarly, consent from a minor cannot validate voyeuristic recording. Additional child exploitation statutes may apply when minors are involved, carrying even harsher penalties.

Sex Offender Registration

A felony video voyeurism conviction in Arkansas requires registration as a sex offender under the Arkansas Sex Offender Registration Act. Ark. Code 12-12-903 lists "video voyeurism, § 5-16-101, if a felony level offense" as a sex offense, and 12-12-905 applies the registration requirements to anyone adjudicated guilty of a sex offense. Every conviction under 5-16-101(a) is a felony, so registration follows from the conviction itself. The misdemeanor offense under 5-16-101(b) is not on the list.

Sex offender registration carries its own set of long-term consequences, including restrictions on where you can live and work, regular reporting requirements, and public listing on the state's sex offender registry maintained by the Arkansas Department of Public Safety.

Civil Remedies for Victims

Plain steel padlock hooked on a grey metal locker latch with a folded grey towel on a wooden bench

Victims of voyeurism in Arkansas are not limited to criminal prosecution. They can also pursue civil lawsuits against the offender to recover damages. Because video voyeurism under 5-16-101(a) is a felony, Ark. Code 16-118-107 lets anyone injured by it sue for damages, and a victim who prevails recovers costs and attorney's fees.

Invasion of Privacy

Arkansas recognizes the tort of intrusion upon seclusion. A victim can file a civil lawsuit claiming that the offender intentionally intruded upon their private affairs in a manner that would be highly offensive to a reasonable person. Successful claims can result in compensatory damages for emotional distress, humiliation, and other harm.

Intentional Infliction of Emotional Distress

If the voyeuristic conduct is sufficiently extreme and outrageous, the victim may bring a claim for intentional infliction of emotional distress. This requires showing that the offender's conduct was so extreme as to go beyond all possible bounds of decency.

Distribution of Intimate Images (NCII and Deepfakes)

If the offender distributes the voyeuristic recordings, additional legal theories may apply. Ark. Code Ann. § 5-26-314 (unlawful distribution of an intimate image, rewritten by Act 981 of 2025) makes it a crime for a person 18 or older to purposely distribute an intimate image of an identifiable person without that person's consent. It is a Class A misdemeanor, a Class D felony if done to cause harm or for payment, and a Class D or Class C felony for repeat offenses. The section itself creates no civil cause of action, but the felony tiers can support a civil suit under 16-118-107. Note: § 5-26-314 does not on its face reach AI-generated deepfake intimate content.

Arkansas's first comprehensive deepfake statute is Ark. Code Ann. § 5-14-139, created by HB 1529 / Act 827 of 2025 and signed by Governor Sarah Huckabee Sanders on April 17, 2025. It targets synthetic or manipulated intimate images -- Class A misdemeanor for a first offense, Class D felony for any subsequent offense -- and includes a private right of action for actual damages and reasonable attorney fees.

At the federal level, the TAKE IT DOWN Act (Pub. L. No. 119-12, signed May 19, 2025) criminalizes the knowing publication of NCII including AI deepfakes and imposes a 48-hour notice-and-takedown duty on covered platforms effective May 19, 2026.

Federal Civil Remedies

If a recording captured audio of private conversations, the federal Wiretap Act (18 U.S.C. 2520) lets a court award actual damages or statutory damages of the greater of $100 a day or $10,000, plus possible punitive damages and attorney's fees. The award is up to the court, and the law does not cover silent video.

How Arkansas Voyeurism Law Compares to Federal Law

Federal law addresses voyeurism through 18 U.S.C. 1801, the Video Voyeurism Prevention Act of 2004. This federal statute applies only within the special maritime and territorial jurisdiction of the United States, such as federal enclaves where the United States holds that jurisdiction. It does not reach every piece of federal property.

The federal statute prohibits capturing an image of a private area of an individual without their consent, knowingly doing so under circumstances in which the individual has a reasonable expectation of privacy. Violations carry up to one year in federal prison for a first offense.

In most cases, Arkansas state law provides the primary basis for prosecution because the conduct occurs on state or private property. Federal law applies only when the conduct occurs in an Arkansas location within the special maritime and territorial jurisdiction of the United States, and whether a particular base or federal building qualifies depends on its jurisdictional status.

Relationship to Other Arkansas Statutes

Ark. Code 5-60-120: Wiretapping

If the voyeuristic recording captures audio, the offender may also face charges under the wiretapping statute (Ark. Code 5-60-120). Illegal audio interception is a Class A misdemeanor carrying up to one year in jail and a $2,500 fine.

Ark. Code 5-27-602 and 5-27-605: Child Exploitation Laws

If the person recorded is a child, child-exploitation laws may also apply, including Ark. Code 5-27-602 (distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child) and Ark. Code 5-27-605 (computer exploitation of a child). Under 5-27-605, photographing or filming a child engaged in sexually explicit conduct is a Class C felony, and causing a child to engage in that conduct knowing it may be photographed or filmed is a Class Y felony. These offenses carry far heavier penalties than video voyeurism.

Ark. Code 5-26-314: Non-Consensual Distribution of Sexual Images

If voyeuristic images or recordings are shared or distributed, the offender may face additional charges under the state's revenge porn statute, which carries its own penalties separate from the voyeurism statute.

Reporting Voyeurism in Arkansas

If you believe you are a victim of voyeurism in Arkansas, you should:

  1. Contact local law enforcement immediately. File a police report and provide any evidence you have, including descriptions of the suspected recording device, photographs of the device if you found one, and any other relevant information.

  2. Do not disturb the evidence. If you discover a hidden camera, do not remove or destroy it. Law enforcement will want to examine it and collect it as evidence.

  3. Document everything. Write down when and where you discovered the device, who had access to the area, and any other relevant details.

  4. Contact a victim advocate. The Arkansas Crime Victims Reparation Board and local victim services organizations can provide support and connect you with resources.

  5. Consult an attorney. A lawyer experienced in privacy law can advise you on both criminal prosecution and civil remedies.

Explore More Arkansas Recording Law Topics

Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | School Recording | Medical Recording

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More Arkansas Recording Topics

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Frequently Asked Questions

Is video voyeurism a felony in Arkansas?

Yes. Under Ark. Code 5-16-101(a), video voyeurism is a Class D felony for a first or second offense, carrying up to six years in prison. A third or subsequent offense, or an offense against a victim under 14, is a Class C felony with three to ten years in prison. Secret body recording under subsection (b) is a Class B misdemeanor with up to 90 days in jail.

Can I be charged with voyeurism for installing cameras in my own home?

In most cases, yes. Property ownership does not override another person's reasonable expectation of privacy, and hidden cameras placed to secretly observe someone in a bathroom, guest bedroom, or changing area are the core conduct the voyeurism statute targets. One caveat: the statute entirely exempts security monitoring operated by or at the direction of an occupant of a residence from the section (Ark. Code 5-16-101(d)(2)), and Arkansas courts have not clarified how far that exemption reaches -- but it is not a safe assumption that owning the home or labeling a camera as security monitoring protects you if it is placed in a bathroom or similar private space.

What should I do if I find a hidden camera in Arkansas?

Contact local law enforcement immediately and file a police report. Do not remove or disturb the camera, as it is evidence. Document when and where you discovered it, photograph it if possible, and consult with an attorney about your rights and potential civil remedies.

Does voyeurism require registration as a sex offender in Arkansas?

Yes, for a felony conviction. Ark. Code 12-12-903 lists felony video voyeurism under 5-16-101 as a sex offense, and 12-12-905 requires anyone adjudicated guilty of a sex offense to register. Every conviction under 5-16-101(a) is a felony, so registration follows from the conviction. The misdemeanor offense under 5-16-101(b) is not on the registration list.

Can a landlord legally install hidden cameras in a rental property in Arkansas?

No. A landlord who installs hidden cameras inside a tenant's rental unit violates Ark. Code 5-16-101. Tenants have a reasonable expectation of privacy in their rented living spaces. Landlords may install visible security cameras in common areas of the building, but not inside individual units.

Updates

We corrected this page to state that a felony video voyeurism conviction requires sex offender registration, that Arkansas's intimate-image distribution law is criminal only, what Ark. Code 5-27-605 actually covers, that federal wiretap damages are discretionary and the federal voyeurism law reaches only special federal jurisdiction, and that video voyeurism of a victim under 14 is a Class C felony.

Independently fact-checked against the cited primary sources

Corrected the codification of Arkansas's 2025 deepfake law: the offense is at Ark. Code section 5-14-139, not section 5-41-211 as previously stated in the citations, body text, and changelog. Also repaired dead government citation links.

Independently fact-checked against the cited primary sources

Added a caveat to the Nanny Cameras section and the 'can I be charged for cameras in my own home' FAQ noting Ark. Code 5-16-101(d)(2)'s exemption for residence-operated 'security monitoring,' whose outer limits Arkansas courts have not clarified. Also corrected the Class C felony fine bullet: Ark. Code 5-4-201 caps fines at $10,000 for both Class C and Class D felonies -- only imprisonment and classification escalate for a third offense, not the fine.

Governing law re-checked for recent changes

Spoke propagation: Added Ark. Code Ann. § 5-14-139 (HB 1529 / Act 827 of 2025, signed April 17, 2025) -- first comprehensive AR deepfake statute (Class A misd first offense, Class D felony subsequent, private civil right of action). Confirmed NCII statute is § 5-26-314 (NOT § 5-26-313 which is domestic battering in the third degree). Noted § 5-26-314 does not on its face reach AI deepfake content. Added TAKE IT DOWN Act (Pub. L. No. 119-12, May 19, 2025) federal overlay for NCII including AI deepfakes with 48-hour platform takedown duty effective May 19, 2026.

Reviewed and approved by an editor

Sources and References

  1. Ark. Code 5-16-101 - Crime of Video Voyeurism(law.justia.com)
  2. Ark. Code 5-4-401 - Sentencing for Misdemeanors and Felonies(law.justia.com)
  3. Ark. Code 5-4-201 - Fines and Limitations on Amount(law.justia.com)
  4. Arkansas Sex Offender Registry - Department of Public Safety(dps.arkansas.gov).gov
  5. 18 U.S.C. 1801 - Video Voyeurism Prevention Act(law.cornell.edu)
  6. 18 U.S.C. 2520 - Civil Remedies for Wiretap Violations(law.cornell.edu)
  7. Arkansas Department of Public Safety(dps.arkansas.gov).gov
  8. Arkansas General Assembly - Legislative Session(arkleg.state.ar.us).gov
  9. Ark. Code Ann. 5-14-139 - Deepfake Visual Material (HB 1529 / Act 827 of 2025)(arkleg.state.ar.us).gov
  10. TAKE IT DOWN Act, Pub. L. No. 119-12 (signed May 19, 2025)(congress.gov).gov
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