Idaho Video Recording Laws: Rules for Filming, Surveillance, and Privacy (2026)

Video recording in Idaho is legal wherever no reasonable expectation of privacy exists. Idaho Code 18-6605 makes it a felony to secretly record in private spaces for a sexual purpose or to sexually degrade or abuse someone, and audio captured during video follows the one-party consent rule under Idaho Code 18-6702: you must be a party to the conversation or have a party's prior consent.

Idaho does not have a single comprehensive video recording statute. Instead, the legality of video recording depends on the location, the subject, whether audio is also being captured, and the purpose of the recording. Public filming is broadly permitted, while recording in private spaces is restricted by property rights and specific criminal statutes addressing voyeurism and privacy invasions.

This page covers Idaho's video recording rules for public spaces, private property, government proceedings, and special circumstances, along with the penalties for unlawful video recording and how video evidence works in Idaho courts.

Video Recording in Public Spaces

General Rule: Public Filming Is Legal

Idaho has no law that prohibits video recording in public spaces. You are free to record video on public streets, sidewalks, parks, plazas, government building exteriors, and any other area open to the public. This right is grounded in the First Amendment to the U.S. Constitution, which protects the gathering of information through photography and video recording as a form of expression and speech.

Public spaces by their nature carry a diminished expectation of privacy. When you walk down a street in Boise, attend the Western Idaho Fair, or visit Julia Davis Park, you can be recorded by other people, security cameras, and media outlets. You generally cannot claim a privacy violation for being filmed in these settings.

What You Can Record in Public

In public areas, you can legally record:

• People on streets, sidewalks, and in parks
• Public buildings and government facilities from public vantage points
• Traffic, accidents, and other events visible from public areas
• Protests, demonstrations, and public gatherings
• Street performers, public art installations, and outdoor events
• Your own interactions with other people in public spaces

Limitations on Public Recording

While public recording is broadly legal, some restrictions apply:

Harassment and stalking. Repeatedly following and filming a specific person against their wishes could constitute stalking under Idaho Code 18-7906 (stalking in the second degree), which criminalizes a course of conduct that seriously alarms, annoys, or harasses the victim and would cause a reasonable person substantial emotional distress, or that would cause a reasonable person to fear death or physical injury. If an aggravating factor is present, such as a protective-order violation, a victim under 16, or use of a deadly weapon, the conduct can instead be charged as stalking in the first degree under Idaho Code 18-7905.

Obstruction. Using a camera in a way that physically obstructs traffic, blocks emergency services, or interferes with law enforcement operations can lead to charges under other Idaho statutes even though the act of recording itself is legal.

Trespassing. You cannot enter private property without permission to get a better filming angle. Idaho's trespass laws (Idaho Code 18-7008) apply regardless of your reason for being on the property.

Video Recording on Private Property

Property Owner Rules

On private property, the property owner or authorized occupant sets the rules about video recording. A business can prohibit customers from filming inside their establishment. A homeowner can forbid visitors from recording on their property. If you are asked to stop recording and refuse, the property owner can ask you to leave, and your continued presence could constitute trespass.

Common private property recording rules include:

• Retail stores that prohibit photography or filming
• Restaurants that restrict recording of other patrons
• Private event venues that control media access
• Offices and workplaces with their own recording policies

Recording in Your Own Home

You can install cameras and record video in your own home, including recording visitors and conversations you are part of. However, there are important limitations:

• Keep cameras out of areas where guests have a reasonable expectation of privacy, such as bathrooms and guest bedrooms; a hidden camera there is a felony under Idaho Code 18-6605 if placed for a sexual purpose or to sexually degrade or abuse someone, and can also support a civil invasion-of-privacy claim
• You cannot record intimate activities of others without their consent
• If your home has tenants, their rented spaces are their private domain

The Audio Component

A critical distinction in Idaho law is the difference between video-only recording and video with audio. Pure video recording (without audio) in public places is generally unrestricted. However, when your video also captures audio of conversations, Idaho's one-party consent wiretapping law (Idaho Code 18-6702) applies to the audio portion.

This means if you are filming a conversation you are participating in, capturing audio is legal. But if your video camera picks up a private conversation between other people that you are not part of, the audio capture could violate Idaho's wiretapping statute.

Idaho's Video Voyeurism Law: Idaho Code 18-6605

Idaho's primary criminal statute addressing unlawful video recording is Idaho Code 18-6605, the video voyeurism law. This statute specifically targets the use of cameras and imaging devices to violate personal privacy.

What the Statute Prohibits

Idaho Code 18-6605 makes it a crime to:

• Use or install a camera or other imaging device where a person has a reasonable expectation of privacy, without their knowledge or consent, with the intent of arousing or gratifying sexual desire, for lascivious entertainment or prurient interest, or to sexually degrade or abuse someone
• Do the same in a public place where a person has taken reasonable steps to cover their intimate areas, using a device designed to get past that covering
• Share, publish, or sell, or threaten to share, an image of an identifiable person whose intimate areas are exposed or who is engaged in a sexual act, to harass, humiliate, or intimidate them, when the sharer knew or should have known the image was meant to stay private and the person did not consent

Where Privacy Expectations Exist

The statute focuses on locations where a person has a "reasonable expectation of privacy." These include:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Dressing rooms in retail stores
• Hotel rooms and private residences
• Medical examination rooms
• Any enclosed space where a person reasonably expects to be free from observation

Penalties for Video Voyeurism

Idaho Code 18-6605(4) makes any violation of the statute a felony outright; there is no misdemeanor first-offense tier. Because Section 18-6605 does not set its own sentencing range, Idaho's general felony punishment statute (Idaho Code 18-112) applies: up to 5 years in state prison and/or a fine of up to $50,000.

Facts such as a minor victim, prior video voyeurism convictions, dissemination of the images, or a commercial-purpose recording can support additional or related charges, including dissemination of voyeuristic images (discussed below), even though Section 18-6605 itself does not create separate statutory tiers for these factors.

Dissemination of Voyeuristic Images

Subsection (3) of the same statute covers sharing intimate images. It is not limited to images obtained through voyeurism: it reaches any intimate image of an identifiable person shared, published, or sold with intent to annoy, threaten, harass, humiliate, or degrade, when the sharer knew or should have known the person expected it to stay private and did not consent. Since July 1, 2026 (House Bill 727), threatening to share such an image is also covered. It is a felony, and sharing can also support civil claims.

Recording Government Proceedings

Open Public Meetings

Idaho's Open Meeting Law, Idaho Code 74-201, establishes that the formation of public policy is public business and shall not be conducted in secret. Under Idaho Code 74-203(1), all meetings of a governing body of a public agency must be open to the public, except as the law provides.

Since July 1, 2026, Idaho Code 74-203(6) (added by House Bill 894) says no person attending an open public meeting may be prevented or prohibited from recording it by audio, video, or photograph. You can record open meetings such as:

• City council meetings
• County commission meetings
• School board meetings
• Public hearings
• Meetings of state boards and commissions

A governing body may take measures to keep its meetings orderly, but it may not prohibit or unreasonably restrict recording, and no one may be removed or excluded for recording. The rule does not apply to executive sessions, to meetings or hearings in Department of Correction or Department of Juvenile Corrections facilities, or to Commission of Pardons and Parole hearings.

Courtroom Recording: ICAR 45

Recording in Idaho courtrooms is governed by Idaho Court Administrative Rule 45 (ICAR 45). Under this rule:

• Audio and visual coverage of public court proceedings is permitted, but only with advance approval from the presiding judge, and the judge's decision cannot be appealed
• The judge may limit coverage and may revoke approval at any time if coverage interferes with the administration of justice
• Coverage of jurors, notes on the counsel table, exhibits not yet offered, and proceedings in a judge's chambers is prohibited, as is audio of attorney-client, attorney-attorney, and bench conferences (which may be shown only at a distance unless the judge orders otherwise)
• Proceedings closed to the public under ICAR 32 cannot be covered, though a judge may approve coverage of an adoption hearing if the parties consent
• Equipment must be positioned so it does not disrupt proceedings

Idaho State Legislature

The Idaho Legislature provides live video streams of floor sessions and committee meetings through its official website at legislature.idaho.gov. The Open Meetings Law applies to public agencies as defined in Idaho Code 74-202, and that definition does not list the Legislature, so in-person recording of floor sessions and committee hearings is governed by each chamber's own rules.

Video Surveillance and Security Cameras

Video surveillance cameras are widely used in Idaho for home security, business protection, and property monitoring. Idaho does not have a specific statute regulating the installation or operation of security cameras, but their use is governed by general privacy principles.

Legal Security Camera Placement

You can install video surveillance cameras:

• On the exterior of your home or business
• In common areas of your property (living rooms, hallways, driveways)
• In business spaces visible to customers and employees (retail floors, lobbies, parking lots)
• Facing public streets and sidewalks from your property

Camera Placement to Avoid

Keep cameras out of locations where people have a reasonable expectation of privacy. A hidden camera there is a felony under Idaho Code 18-6605 if placed for a sexual purpose or to sexually degrade or abuse someone, and can also support a civil invasion-of-privacy claim. Places to avoid include:

• Bathrooms, restrooms, and shower areas
• Locker rooms and changing areas
• Bedrooms (unless for personal security with occupant consent)
• Any area specifically designated as private

For detailed information on security camera rules, see Idaho security camera laws.

Drone Video Recording in Idaho

The use of drones (unmanned aircraft systems) for video recording in Idaho is subject to both federal aviation regulations and state law.

Federal Rules

The Federal Aviation Administration (FAA) regulates drone operations under 14 CFR Part 107. Commercial drone operators must hold a Remote Pilot Certificate. All drone operators must follow airspace restrictions, altitude limits (400 feet above ground level for recreational use), and visual line-of-sight requirements.

Idaho State Rules

Idaho Code 21-213 addresses unmanned aircraft systems. The statute bars using a drone to intentionally surveil or record a specifically targeted person or their home, or a farm, ranch, or business property, without written consent. It also bars recording a person by drone in order to publish or publicly share the footage without that person's written consent, even outside private property. This extends Idaho's ground-level privacy protections to aerial surveillance.

The exceptions cover specific government uses (accident documentation, crowd and traffic management, disaster assessment, search and rescue, emergencies, or a warrant), drones used for mapping or resource management, and facility owners inspecting their facilities on easements. Agricultural and commercial property is protected by the statute, not exempted from it.

Penalties for Illegal Drone Surveillance

Violating Idaho's drone surveillance statute does not create a criminal misdemeanor. Instead, Idaho Code 21-213(3) gives the person who was the subject of the prohibited conduct a civil cause of action, entitling them to recover the greater of $1,000 or actual and general damages, plus reasonable attorney's fees and litigation costs.

Video Recording of Police Officers

You have the right to record law enforcement officers performing their duties in public. This right is protected by the First Amendment and has been affirmed by multiple federal circuit courts. For comprehensive information on this topic, see Idaho laws on recording police.

Key principles:

• You can film traffic stops, arrests, and other police activities from a public vantage point
• Officers cannot order you to stop recording or delete footage without a legal basis
• You must not physically interfere with police operations
• You should follow reasonable orders to maintain distance

Video Evidence in Idaho Courts

Admissibility Standards

Video recordings are generally admissible as evidence in Idaho courts when they are:

• Legally obtained in compliance with Idaho law
• Authentic and verified as unaltered
• Relevant to the issues in the case
• Not unfairly prejudicial under Idaho Rule of Evidence 403

Foundation Requirements

To introduce video evidence, you typically need testimony from the person who made the recording or another witness who can confirm the video accurately depicts the events shown. For surveillance footage, the person who manages the camera system can provide this foundation.

Chain of Custody

Maintaining a clear chain of custody is important for video evidence. Document who recorded the video, who has had access to the file, how it has been stored, and whether any copies have been made. Courts may exclude video evidence if the chain of custody is unclear and there are questions about whether the footage has been tampered with.

Commercial Video Recording Considerations

Consent Forms

If you are recording someone's likeness for commercial purposes (advertising, marketing, film, or broadcast), you should obtain written consent through a photo or video consent form. While Idaho does not have a comprehensive right-of-publicity statute, using someone's image for commercial gain without their permission can give rise to common law claims.

Media and Journalism

Journalists in Idaho have broad rights to record video in public places as part of newsgathering activities.

Idaho Recording Law Sub-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

Back to Idaho Recording Laws

More Idaho Recording Topics

• Idaho Biometric Privacy Laws
• Surveillance Camera Laws

More Idaho Laws

• Idaho AI Meeting Recording Laws
• Idaho Dashcam Laws
• Idaho Data Privacy Laws
• Idaho Deepfake Laws
• Idaho Employee Monitoring Laws
• Idaho GPS Tracking Laws
• Idaho Police Bodycam Laws
• Idaho Smart Glasses Recording Laws

Frequently Asked Questions

Is it legal to record video in public in Idaho?

Yes. Idaho has no law prohibiting video recording in public spaces. You can record on public streets, sidewalks, parks, and at public events. People in public places have a diminished expectation of privacy, and the First Amendment protects the right to record in public.

What is Idaho's video voyeurism law?

Idaho Code 18-6605 makes it a crime to use or install a camera or imaging device where a person has a reasonable expectation of privacy, without their knowledge or consent, for a sexual purpose or to sexually degrade or abuse them. It also covers sharing, or threatening to share, intimate images of an identifiable person without consent to harass or humiliate them. Under subsection (4), any violation is a felony outright, with no misdemeanor first-offense tier. Because the statute does not set its own sentencing range, Idaho's general felony punishment statute (Idaho Code 18-112) applies: up to 5 years in state prison and/or a fine of up to $50,000.

Can I record video on someone else's private property in Idaho?

On private property open to the public, such as a store, you may record unless the owner prohibits it. The owner can tell you to stop or leave, and staying after being told to leave can be criminal trespass under Idaho Code 18-7008. On private property not open to the public, you need the owner's permission to be there at all.

Does Idaho law treat video and audio recording differently?

Yes. Pure video recording without audio is not covered by Idaho's wiretapping statute (Idaho Code 18-6702), which applies only to intercepting wire, oral, or electronic communications. However, if your video also captures audio of conversations, the one-party consent rule applies to the audio component. Video voyeurism is governed separately under Idaho Code 18-6605.

Can I fly a drone with a camera over someone's property in Idaho?

Idaho Code 21-213 bars using a drone to intentionally surveil or record a specifically targeted person or their home, or a farm, ranch, or business property, without written consent, and bars recording a person by drone to publish the footage without their written consent. Violating this statute does not create a criminal misdemeanor; instead it gives the person recorded a civil cause of action for the greater of $1,000 or actual and general damages, plus attorney's fees. You must also comply with FAA drone regulations under 14 CFR Part 107.