Georgia Voyeurism and Hidden Camera Laws: Criminal Penalties (2026)

Georgia criminalizes voyeurism and hidden camera surveillance as felonies. O.C.G.A. 16-11-62(2) bars using any device to record activities in a private place without the consent of all persons observed. The Peeping Tom statute and the voyeurism-by-device statute each add separate felony charges, and prosecutors can stack all three.

Georgia takes voyeurism and hidden camera offenses seriously, classifying them as felonies that carry significant prison time and lasting consequences. Three separate criminal statutes address different forms of invasive surveillance, and a single act of voyeuristic recording can trigger charges under all of them.

This guide covers Georgia's Peeping Tom law, the voyeurism-by-device statute, hidden camera offenses, the relationship between these laws and the general recording statutes, sex offender registration requirements, and how victims can seek justice.

Georgia's Three Voyeurism Statutes

Georgia addresses voyeurism and hidden camera offenses through three overlapping criminal statutes:

Each statute targets a different form of invasive surveillance, and prosecutors can charge a defendant under multiple statutes for a single incident.

The Peeping Tom Statute: O.C.G.A. § 16-11-61

What the Law Prohibits

Georgia's Peeping Tom statute makes it unlawful for any person to be a "peeping Tom" on or about the premises of another or to go on or about the premises of another for the purpose of becoming a peeping Tom.

The statute defines a peeping Tom as a person who peeps through windows, doors, or other like places on or about the premises of another for the purpose of spying upon or invading the privacy of the persons spied upon, and the doing of any other acts of a similar nature that invade the privacy of such persons.

Elements of the Offense

To secure a conviction under this statute, the prosecution must prove:

1. The defendant went on or about the premises of another person. This includes approaching or being near someone's home, apartment, hotel room, or other private premises.
2. The defendant peered through windows, doors, or similar openings. The statute covers any opening that provides a view into a private space.
3. The purpose was to spy upon or invade the privacy of the occupant. Intent matters. Accidentally seeing into someone's window is not a crime. Deliberately positioning yourself to observe someone in private is.

Important Legal Points

• Success is not required. The statute also makes it a crime to go onto another person's property for the purpose of peeping, so the spying need not succeed. The act of going to someone's property with the intent to spy is enough for a conviction. Whether or not the target person was actually visible does not determine guilt.
• Devices. The statute also covers "any other acts of a similar nature" that invade privacy, so it may reach using binoculars or a camera while on someone else's property. We have not found a Georgia decision applying it to a camera or drone, and device-based spying in Georgia is more often charged under O.C.G.A. § 16-11-62.
• The statute covers approach and attempt. Going "on or about the premises" for the purpose of becoming a peeping Tom is itself the offense. You do not have to actually look through a window if your purpose in approaching was to do so.

Penalty

Peeping Tom is a felony in Georgia, punishable by imprisonment for 1 to 5 years, a fine of up to $10,000, or both under O.C.G.A. § 16-11-69.

Voyeurism by Device: O.C.G.A. § 16-11-91

What the Law Prohibits

O.C.G.A. § 16-11-91 targets a specific form of technology-enabled voyeurism. The statute prohibits any person from using any device to surreptitiously photograph or record another person underneath or through the clothing worn by the other person to view the body of or the undergarments worn by the other person without that person's consent.

This statute covers what is commonly called "upskirting" or "downblousing," where someone uses a hidden camera or angled device to capture images underneath or through another person's clothing.

Key Features of the Statute

• Applies in public AND private places. Unlike the general recording statute (O.C.G.A. § 16-11-62(2)) which focuses on private places, the voyeurism-by-device statute applies wherever the person has a reasonable expectation of privacy under their clothing, "regardless of whether it occurs in a public place." You can be convicted for upskirting someone on a public sidewalk, in a store, at a park, or anywhere else.
• Covers all devices. Smartphones, miniature cameras, modified shoes with cameras, hidden cameras in bags, and any other recording device capable of capturing images.
• Covers both photography and video. Still images and video recordings are both prohibited.
• Consent is a defense. The statute includes "without that person's consent" as an element. If the photographed person consents, there is no violation.

Penalty

Voyeurism by device is a felony carrying:

• 1 to 5 years in prison
• Fine of up to $10,000
• Or both
• Or, at the judge's discretion, a misdemeanor sentence (O.C.G.A. § 16-11-91(c))

Hidden Cameras in Private Places: O.C.G.A. § 16-11-62(2)

The General Recording Prohibition

O.C.G.A. § 16-11-62(2) makes it unlawful for any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view.

This is the broadest of Georgia's three voyeurism-related statutes because it covers all forms of hidden camera surveillance in private places, not just sexual or intimate recording.

Common Hidden Camera Scenarios

This statute applies to a wide range of hidden camera situations:

• Hidden cameras in bathrooms. Cameras concealed in bathroom fixtures, vents, or objects
• Hidden cameras in bedrooms. Cameras in guest rooms, hotel rooms, or rental properties
• Hidden cameras in changing rooms. Retail fitting room cameras or gym locker room cameras
• Hidden cameras in workplaces. Cameras in employee bathrooms, changing areas, or private offices without consent
• Hidden cameras in medical facilities. Unauthorized cameras in examination rooms or patient areas
• Hidden cameras in homes by landlords. Cameras placed inside a tenant's private living space
• Nanny cameras without proper limits. Cameras placed in a nanny's designated private spaces (bathroom, bedroom)

Distribution of Hidden Camera Recordings

O.C.G.A. § 16-11-62(6) creates a separate felony for distributing recordings made in violation of the statute. Selling, giving, or distributing photographs, videotapes, or recordings of activities in private places without all-party consent carries its own penalty of 1 to 5 years in prison, a fine of up to $10,000, or both.

This means that posting hidden camera footage on the internet, sharing it through social media, sending it by text or email, or providing it to any third party constitutes a separate criminal offense.

How Multiple Charges Stack

Charging Under Multiple Statutes

Georgia prosecutors can charge a single act of voyeuristic surveillance under multiple statutes. Consider this scenario: someone places a hidden camera in a hotel bathroom to record guests. That single act could result in:

1. Peeping Tom (O.C.G.A. § 16-11-61) for going on the premises of another to invade their privacy
2. Recording in a private place (O.C.G.A. § 16-11-62(2)) for using a device to record activities in a private place without consent
3. Voyeurism by device (O.C.G.A. § 16-11-91) if the camera captured images underneath or through clothing
4. Distribution (O.C.G.A. § 16-11-62(6)) if the recordings were shared

Each felony count carries up to 5 years. A judge decides whether sentences run concurrently or consecutively, some counts may merge, and Georgia's general penalty statute allows a fine instead of prison. The upskirting statute (O.C.G.A. § 16-11-91(e)) says its violations do not merge with other crimes. The Peeping Tom count also requires being on the premises "of another," which depends on who placed the camera.

Multiple Victims

Each person recorded without consent can be charged as a separate offense. If a hidden camera recorded 10 different people in a bathroom, the perpetrator could face a separate count of recording in a private place for each person, each punishable by 1 to 5 years in prison, a fine of up to $10,000, or both.

Sex Offender Registration

When Registration Is Required

Georgia's voyeurism and hidden-camera statutes (O.C.G.A. §§ 16-11-61, 16-11-62 and 16-11-91) are not on the registry law's list of offenses in O.C.G.A. § 42-1-12. The Georgia Bureau of Investigation maintains the Georgia Sex Offender Registry.

Registration can still follow when hidden-camera conduct involves a minor and is charged as a listed offense, such as sexual exploitation of children under O.C.G.A. § 16-12-100, or falls under the registry law's catch-all for conduct that by its nature is a sexual offense against a minor. Registration carries serious consequences, including:

• Public listing on the sex offender registry
• Residential restrictions (cannot live within a specified distance of schools, childcare facilities, or certain public areas)
• Employment restrictions
• Periodic registration and verification requirements
• Community notification

Registration Duration

Georgia sex offender registration requirements vary based on the offense of conviction and risk level. How long registration lasts depends on the listed offense the person is convicted of, not on a voyeurism statute.

Detecting Hidden Cameras

Physical Inspection

If you suspect hidden cameras in a space where you have a reasonable expectation of privacy:

• Check common hiding spots. Smoke detectors, alarm clocks, power outlets, air fresheners, picture frames, stuffed animals, tissue boxes, and toiletry containers are common hiding spots.
• Look for unusual objects. Any object that seems out of place, newly installed, or oddly positioned could conceal a camera.
• Check for small holes. Pinhole cameras can be hidden behind tiny holes in walls, ceilings, or objects.
• Examine light indicators. Some cameras have small LED lights that may be visible in darkness.

Electronic Detection

• RF (Radio Frequency) detectors. These devices scan for wireless signals that hidden cameras use to transmit footage. Many consumer-grade RF detectors are available for under $100.
• Lens finders. These devices use light reflection to locate camera lenses, even tiny pinhole lenses.
• Wi-Fi network scanning. Check available Wi-Fi networks for unfamiliar devices. Some hidden cameras create their own network or connect to the property's Wi-Fi.
• Infrared scanning. Many cameras use infrared LEDs for night vision. Your phone camera may be able to detect these (front cameras on most smartphones can see infrared light).

What to Do If You Find a Hidden Camera

1. Do not touch or remove the camera. It is evidence of a crime.
2. Photograph the camera's position and surroundings. Document exactly where and how it is placed.
3. Call law enforcement immediately. Hidden cameras in private places constitute a felony in Georgia.
4. Leave the area if possible. Protect yourself from further recording.
5. Preserve any additional evidence. Note the time, date, property address, and any other relevant details.
6. Consult an attorney. A lawyer can advise you on both criminal and civil remedies.

Civil Remedies for Victims

Lawsuits Against Perpetrators

Victims of voyeurism and hidden camera offenses in Georgia can pursue civil litigation for:

• Invasion of privacy (intrusion upon seclusion). Georgia recognizes the tort of intrusion upon seclusion, which covers intentional intrusion into someone's private affairs in a manner that would be highly offensive to a reasonable person.
• Intentional infliction of emotional distress. The psychological impact of discovering hidden cameras can be severe, and victims can seek damages for emotional suffering.
• Federal Wiretap Act damages. If a hidden device also captured private conversations, 18 U.S.C. § 2520 lets the person recorded sue, and a court may award actual damages or statutory damages of $100 a day or $10,000, whichever is greater, plus punitive damages and attorney fees. It does not cover silent video.
• Punitive damages. Georgia courts can award punitive damages in cases involving willful misconduct, malice, or wantonness.

Injunctive Relief

Courts can issue injunctions ordering:

• Removal and destruction of hidden cameras
• Deletion of all recordings
• Prohibition on further surveillance
• No-contact orders between the perpetrator and victim

Liability of Property Owners

In some cases, property owners (hotels, landlords, Airbnb hosts) who knew about hidden cameras on their property may face an invasion-of-privacy or other claim. Georgia generally does not allow recovery for purely emotional harm on a negligence theory without a physical injury (Lee v. State Farm, 2000), so a claim against a property owner who was merely careless is harder.

Georgia vs. Federal Voyeurism Laws

The Federal Video Voyeurism Prevention Act

The federal Video Voyeurism Prevention Act (18 U.S.C. § 1801) prohibits photographing or recording the private area of an individual without consent in circumstances where the person has a reasonable expectation of privacy. This federal law applies only within the special maritime and territorial jurisdiction of the United States, such as some military bases and federal enclaves, not all federal property. Most hidden-camera cases in Georgia are prosecuted under state law.

Interstate and Online Distribution

Federal law also comes into play when voyeuristic recordings are distributed across state lines or through the internet. Federal charges can be added to state charges, increasing the total potential penalties.

More Georgia Recording Laws

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

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Frequently Asked Questions

What is the penalty for hidden cameras in Georgia?

Hidden cameras in private places are a felony in Georgia. Under O.C.G.A. § 16-11-62(2), recording activities in a private place without all-party consent carries 1 to 5 years in prison, a fine of up to $10,000, or both. The Peeping Tom statute (O.C.G.A. § 16-11-61) can add another felony charge. A judge decides whether multiple sentences run concurrently or consecutively.

Is upskirting illegal in Georgia?

Yes. O.C.G.A. § 16-11-91 specifically prohibits using any device to surreptitiously photograph or record underneath or through someone's clothing. This is a felony carrying 1 to 5 years in prison, a fine of up to $10,000, or both, or a misdemeanor sentence at the judge's discretion. It applies wherever the person has a reasonable expectation of privacy under their clothing, in public or private.

Can I be charged as a Peeping Tom in Georgia for using technology?

Possibly. The Peeping Tom statute (O.C.G.A. § 16-11-61) covers peeping on another person's premises and any other acts of a similar nature that invade privacy, so it may reach using binoculars or a camera there, but we have not found a Georgia decision applying it to a camera or drone. Device-based spying is more often charged under O.C.G.A. § 16-11-62. The statute also makes it a crime to go onto someone's property for the purpose of peeping, so the spying need not succeed.

Do voyeurism convictions require sex offender registration in Georgia?

Georgia's voyeurism and hidden-camera statutes are not on the registry law's list of offenses in O.C.G.A. § 42-1-12. Registration can still follow when the conduct involves a minor and is charged as a listed offense, such as sexual exploitation of children under O.C.G.A. § 16-12-100, or falls under the catch-all for conduct that by its nature is a sexual offense against a minor. The Georgia Bureau of Investigation maintains the Sex Offender Registry.

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

Do not touch or remove the camera. Photograph its position and surroundings as evidence. Call law enforcement immediately because hidden cameras in private places are a felony. Leave the area if possible. Consult an attorney about both criminal prosecution of the perpetrator and your civil remedies for damages.