Iowa
Iowa Voyeurism and Hidden Camera Laws: Iowa Code 709.21 Penalties (2026)
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 12 primary sources cited on this page. How we verify our legal content
Under Iowa Code 709.21, Iowa classifies voyeurism as an aggravated misdemeanor, making it illegal to knowingly view, photograph, or film someone in a state of nudity without consent in a private setting, for the purpose of arousing or gratifying the sexual desire of any person. A first conviction carries up to two years in prison and fines between $855 and $8,540.
Iowa criminalizes voyeurism and the use of hidden cameras to record people in private settings through several overlapping statutes. The primary law is Iowa Code 709.21, which specifically targets the recording of nudity without consent. Additional protections come from the trespass-recording law (HF 775), the peeping-tom trespass provision (Iowa Code 716.7(2)(a)(7)), the eavesdropping and wiretap statutes (Iowa Code 727.8 and 808B.2), the intimate-image dissemination crime in Iowa Code 708.7, and general invasion of privacy principles.
This guide covers every aspect of Iowa's voyeurism and hidden camera laws, including the specific statutory elements, penalties, defenses, sex offender registration implications, and how these laws apply to common scenarios.
Iowa Code 709.21: Invasion of Privacy (Nudity)
What the Statute Prohibits
Iowa Code 709.21 is Iowa's primary voyeurism statute. It makes it illegal to knowingly view, photograph, or film another person who is in a state of full or partial nudity, for the purpose of arousing or gratifying the sexual desire of any person, when all of the following conditions are met:
- The person does not consent or is unable to consent to being viewed, photographed, or filmed
- The person has a reasonable expectation of privacy while in a state of full or partial nudity, which depends on the circumstances rather than only on the type of place
The statute covers three distinct acts: viewing (looking without recording), photographing (capturing still images), and filming (capturing video). All three are illegal when done without consent, for a sexual purpose, in a private setting.
What Constitutes "Nudity"
Iowa Code 709.21 applies when the person being recorded is in a "state of full or partial nudity." The statute defines this as the showing of any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering. That includes:
- Complete nudity
- Exposure of any part of the genitals, pubic area, or buttocks
- Exposure of any part of the nipple of a female breast
- Clothing or undergarments that are less than fully opaque over those areas
Reasonable Expectation of Privacy
The statute requires that the person being recorded have a reasonable expectation of privacy while nude or partly nude. Iowa courts evaluate this on a case-by-case basis, but the following locations consistently carry strong privacy expectations:
Locations with high privacy expectations:
- Private bathrooms and restrooms
- Locker rooms and changing areas
- Bedrooms and hotel rooms
- Medical examination rooms
- Dressing rooms in retail stores
- Shower facilities
- Tanning booths and salons
Locations with reduced privacy expectations:
- Public streets and sidewalks
- Public parks and open areas
- Retail store sales floors
- Office common areas
- Restaurant dining areas
A person does not have a reasonable expectation of privacy when they are in a public space voluntarily exposing themselves to observation.
Penalties for Violating Iowa Code 709.21
| Offense Level | Classification | Prison Time | Fine Range |
|---|---|---|---|
| First offense | Aggravated misdemeanor | Up to 2 years | $855 to $8,540 |
Iowa Code 709.21 itself contains no distribution offense and no minor-specific enhancement tier. Separate statutes such as Iowa Code 728.12 govern conduct involving minors, and sharing nude or sexual images without consent, with intent to intimidate, annoy, or alarm, is a separate crime under Iowa Code 708.7(1)(a)(5). A 709.21 conviction also requires sex offender registration (see below).
Under Iowa Code 903.1, an aggravated misdemeanor is the most serious misdemeanor classification in Iowa. The sentencing judge has discretion to impose any combination of incarceration and fines within the statutory range.
Hidden Camera Laws in Iowa
Placing Hidden Cameras in Private Spaces
Several Iowa laws can make a hidden camera in a private place a crime, depending on what it captures and how it was placed:
Iowa Code 709.21 covers hidden cameras that capture nudity. If a hidden camera is placed in a bathroom, bedroom, or changing area where someone may be undressed, and it is used to view or film a nonconsenting person in a state of nudity for the purpose of arousing or gratifying the sexual desire of any person, the person responsible faces aggravated misdemeanor charges.
Iowa Code 727.8 (eavesdropping) prohibits using electronic or mechanical means to intercept conversations without authority. If a hidden camera includes audio recording capability, it may also violate this statute, and capturing private conversations no participant agreed to record can be a class D felony under Iowa Code 808B.2.
Iowa's peeping-tom trespass provision makes it a serious misdemeanor to intentionally view, photograph, or film someone through a window or other opening of a home, without a legitimate purpose, while you are on that property or while placing or retrieving equipment there, if the person has a reasonable expectation of privacy and does not consent (Iowa Code 716.7(2)(a)(7), 716.8(7)). Unlike 709.21, it does not require nudity or a sexual purpose.
Iowa's trespass-recording law (HF 775) adds enhanced penalties when cameras are placed on someone else's property during a trespass. A first offense is an aggravated misdemeanor, and subsequent offenses are a Class D felony under Iowa Code § 727.8A.
Hidden Cameras by Landlords
Landlords who place hidden cameras in rental units face serious criminal liability. A landlord who uses a hidden camera in a tenant's bathroom, bedroom, or any other private space to view or film the tenant in a state of nudity, for the purpose of arousing or gratifying the sexual desire of any person, violates Iowa Code 709.21. Even in common areas of a rental property, hidden cameras that capture tenants' conversations may violate Iowa Code 727.8 or the felony wiretap statute, Iowa Code 808B.2.
Iowa tenants who discover hidden cameras should:
- Document the camera's location with photographs
- Contact local law enforcement immediately
- Contact the Iowa Attorney General's Office for tenant rights assistance
- Consider consulting an attorney about civil remedies
Hidden Cameras in the Workplace
Employers who use hidden cameras in employee restrooms, locker rooms, or changing areas to view or film employees in a state of nudity, for the purpose of arousing or gratifying the sexual desire of any person, violate Iowa Code 709.21. The monitoring device exception in Iowa Code 727.8 covers only crime-prevention devices placed outside a building on property the owner or lessee controls, and it does not override the voyeurism prohibitions in 709.21.
Employers can legally install visible security cameras in common work areas. A camera in an area where employees have a reasonable expectation of privacy, such as a restroom or locker room, can lead to criminal charges under the statutes above if it captures nudity or conversations.
Iowa's Trespass-Recording Law and Voyeurism
How HF 775 Intersects With Voyeurism
Iowa's trespass-recording law (Iowa Code § 727.8A) was enacted in 2021 and creates enhanced penalties for placing cameras or surveillance devices on private property while trespassing. While the law was originally designed to address agricultural trespass situations, its language applies to any trespass-and-record scenario, including voyeurism.
A person who trespasses onto private property and places a hidden camera could face charges under both § 727.8A (trespass-recording) and 709.21 (invasion of privacy), resulting in multiple counts and potentially consecutive sentences.
Penalties Comparison
| Statute | First Offense | Subsequent Offenses |
|---|---|---|
| Iowa Code 709.21 (voyeurism) | Aggravated misdemeanor: up to 2 years | No statutory enhancement tiers |
| Iowa Code § 727.8A (trespass-recording) | Aggravated misdemeanor: up to 2 years | Class D felony: up to 5 years |
| Iowa Code 727.8 (eavesdropping) | Serious misdemeanor: up to 1 year | Same classification |
Distribution of Voyeuristic Recordings
Sharing Without Consent
Sharing a nude or sexual image of someone without their consent, with intent to intimidate, annoy, or alarm them, is a separate crime in Iowa. Under Iowa Code 708.7(1)(a)(5) and 708.7(2)(a)(2), disseminating, publishing, distributing, or posting a visual depiction showing another person in full or partial nudity or engaged in a sex act, without that person's consent and with that intent, is harassment in the first degree, an aggravated misdemeanor. An offender 18 or older must also register as a sex offender.
Distribution can also lead to:
- A civil suit under Iowa Code chapter 659A for unauthorized disclosure of intimate images
- Civil liability for invasion of privacy, intentional infliction of emotional distress, and related torts
Federal Law: Video Voyeurism Prevention Act
The federal Video Voyeurism Prevention Act (18 U.S.C. 1801) applies only within the special maritime and territorial jurisdiction of the United States, such as certain federal enclaves and U.S. ships, not on all federal property. Within that jurisdiction, it makes it a crime to intentionally capture an image of a person's private areas without consent when the person has a reasonable expectation of privacy.
Violations are punishable by fines and up to one year in federal prison.
Sex Offender Registration
When Registration Is Required
Iowa's sex offender registry requirements are governed by Iowa Code Chapter 692A. Invasion of privacy under Iowa Code 709.21 is a tier II sex offense (Iowa Code 692A.102), and anyone convicted of a tier II offense must register as a sex offender (Iowa Code 692A.103). Registration does not depend on the victim's age, a prior record, or the judge's discretion. An adult convicted of sharing a nude or sexual image without consent under Iowa Code 708.7(1)(a)(5) must also register.
Anyone charged with voyeurism in Iowa should consult with a criminal defense attorney about potential registration implications, as registration can have lifelong consequences for housing, employment, and personal relationships.
Civil Remedies for Voyeurism Victims
Invasion of Privacy Lawsuits
Iowa recognizes the tort of invasion of privacy, which includes the subcategory of "intrusion upon seclusion." A victim of voyeurism or hidden camera recording can file a civil lawsuit seeking:
- Compensatory damages for emotional distress, anxiety, therapy costs, and other harm
- Punitive damages if the defendant's conduct was willful, malicious, or particularly outrageous
- Injunctive relief to require the deletion or destruction of illegal recordings
- Attorney's fees in some circumstances
Statutory Damages Under Iowa Code 808B.8
If the hidden camera also captured audio (as most modern cameras do), the victim may additionally pursue damages under Iowa Code 808B.8 for illegal interception of communications. This statute provides:
- Actual damages, but not less than $100 per day of violation or $1,000, whichever is higher
- Punitive damages upon a finding of a willful, malicious, or reckless violation
- Attorney's fees and litigation costs
Protective Orders
Victims of voyeurism may also seek protective orders against the perpetrator. Iowa courts can issue orders requiring the defendant to:
- Stay away from the victim
- Cease any surveillance or recording activities
- Surrender or destroy all recordings
- Have no contact with the victim
Defenses to Voyeurism Charges in Iowa
Consent
If the person being recorded knowingly consented to the recording, no violation of Iowa Code 709.21 occurs. Consent can be express (verbal or written agreement) or implied (such as voluntarily posing for photographs). However, consent must be freely given and can be withdrawn at any time.
No Reasonable Expectation of Privacy
If the recording took place in a location where the person did not have a reasonable expectation of privacy, the voyeurism statute does not apply. For example, recording someone who is undressed in a public space where they voluntarily exposed themselves would not violate 709.21.
No Sexual Purpose
Iowa Code 709.21 only applies when the viewing, photographing, or filming is done for the purpose of arousing or gratifying the sexual desire of any person. Conduct without that purpose, such as routine law enforcement surveillance conducted for an investigative reason rather than sexual gratification, falls outside the statute's elements. It is not a defense to the peeping-tom trespass provision (Iowa Code 716.7(2)(a)(7)), which requires only filming through a home's window or other opening without a legitimate purpose, or to the eavesdropping and wiretap statutes.
Lack of Knowledge
The statute requires that the viewing, photographing, or filming be done "knowingly." If a person accidentally or inadvertently captured an image of someone in a private state, the lack of intent could be a defense.
Technology-Specific Concerns
Smartphone Camera Misuse
The prevalence of smartphones with high-quality cameras has made voyeurism easier to commit and harder to detect. Common scenarios include:
- Holding a phone under a bathroom stall divider
- Using a phone camera to photograph up someone's clothing ("upskirting")
- Secretly recording through partially open doors or windows
All of these activities can be prosecuted under Iowa Code 709.21 if the victim did not consent, was in a state of full or partial nudity, had a reasonable expectation of privacy, and the conduct was for the purpose of arousing or gratifying the sexual desire of any person. Filming through the window of a home while on that property can also be charged as peeping-tom trespass under Iowa Code 716.7(2)(a)(7), without proof of nudity or sexual purpose.
Smart Home Devices
Smart home cameras (such as Ring, Nest, or Arlo devices) can be misused for voyeuristic purposes. A person who has access to another person's smart home camera feed and uses it to view that person in private moments may face criminal charges. This scenario commonly arises in:
- Domestic disputes where one partner monitors the other
- Situations where a former roommate retains access to shared cameras
- Landlord-tenant disputes where landlords monitor tenants through smart devices
Deepfakes and AI-Generated Content
Iowa enacted two 2024 deepfake statutes. Iowa Code § 708.7.1.a.5, as amended by 2024 Iowa Acts ch 1065, § 3, expressly covers harassment through altered or AI-generated visual depictions of identifiable persons. Iowa Code § 728.12, as amended by 2024 Iowa Acts ch 1015 (Senate File 2243), reaches synthetic AI-generated depictions of identifiable minors in obscene material. Victims of nonconsensual intimate image distribution also have civil remedies under Iowa Code Chapter 659A: actual damages, including emotional distress, or, if greater, statutory damages of up to $10,000 per defendant, plus any profit the defendant made, punitive damages, attorney fees, and an injunction. The suit must generally be filed within four years after the disclosure is discovered (Iowa Code 659A.6, 659A.7). The federal TAKE IT DOWN Act (signed May 19, 2025) additionally creates federal crimes for publishing nonconsensual intimate images, including AI-generated deepfakes, and a takedown process platforms had to adopt by May 19, 2026.
More Iowa Recording Laws
Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording
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Frequently Asked Questions
What is the penalty for voyeurism in Iowa?
Voyeurism under Iowa Code 709.21 is an aggravated misdemeanor, punishable by up to 2 years in prison and fines between $855 and $8,540. If hidden cameras were placed while trespassing, additional charges under Iowa Code 727.8A may apply, with subsequent offenses rising to a Class D felony (up to 5 years in prison).
Is it illegal to place a hidden camera in someone's home in Iowa?
Yes. Placing a hidden camera in a location where someone has a reasonable expectation of privacy (such as a bathroom, bedroom, or changing area) violates Iowa Code 709.21 if it captures a nonconsenting person in a state of nudity and is done for the purpose of arousing or gratifying the sexual desire of any person. If you trespass to place the camera, you also face charges under Iowa Code § 727.8A. If the camera records conversations, Iowa Code 727.8 (eavesdropping) or the felony wiretap statute, Iowa Code 808B.2, may also apply.
Can a landlord put hidden cameras in a rental unit in Iowa?
No. A landlord who uses hidden cameras in a tenant's private spaces (bathrooms, bedrooms, or other areas with privacy expectations) to view or film the tenant in a state of nudity, for the purpose of arousing or gratifying the sexual desire of any person, violates Iowa Code 709.21. Even in common areas, hidden cameras that record tenants' conversations may violate Iowa Code 727.8 or Iowa Code 808B.2. Tenants who discover hidden cameras should contact law enforcement immediately.
Does a voyeurism conviction require sex offender registration in Iowa?
Yes. Invasion of privacy under Iowa Code 709.21 is a tier II sex offense (Iowa Code 692A.102), and anyone convicted of it must register on Iowa's sex offender registry (Iowa Code 692A.103). An adult convicted of sharing a nude image without consent under Iowa Code 708.7(1)(a)(5) must also register. Anyone charged should talk to a criminal defense attorney about registration before resolving the charge.
Can I sue someone for recording me with a hidden camera in Iowa?
Yes. Iowa recognizes the tort of invasion of privacy (intrusion upon seclusion). Victims can file civil lawsuits seeking compensatory damages for emotional distress, punitive damages, injunctive relief requiring deletion of recordings, and attorney's fees. If the camera also captured audio, additional statutory damages are available under Iowa Code 808B.8.
Updates
We corrected this page to state that a 709.21 conviction always requires sex offender registration, named Iowa's separate crime for sharing intimate images (708.7) and the peeping-tom trespass provision, explained that the $10,000 figure in chapter 659A caps only statutory damages, limited the federal video voyeurism law to its actual jurisdiction, and stated 709.21's consent and privacy elements accurately. Added the required intent to intimidate, annoy, or alarm to the description of Iowa's crime of sharing intimate images, narrowed statements that described a blanket ban on hidden cameras in private places, and noted that the federal TAKE IT DOWN Act creates crimes as well as a takedown process.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Clarified that Iowa Code 709.21 applies only when the viewing or filming of a nonconsenting person in a state of nudity is done for the purpose of sexual gratification, correcting landlord, workplace, and FAQ statements that omitted that element, and replaced an overbroad description of nudity with the statute's own definition.
Restored Iowa Code 709.21's required sexual-purpose element throughout the article (the statute only applies when viewing, photographing, or filming is done to arouse or gratify sexual desire), removed a fabricated law-enforcement exception that does not exist in the statute, and corrected the TAKE IT DOWN Act's signing date to May 19, 2025.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected the trespass-recording ag-gag citation throughout the article (intro claim, penalties comparison table, and FAQ) from Iowa Code 716.7A (a food-operation trespass statute with no camera/recording language) to the actual camera-while-trespassing statute, Iowa Code 727.8A.
Corrected the first FAQ answer's trespass-recording camera citation from Iowa Code 716.7A (an unrelated food-operation trespass statute) to the correct Iowa Code 727.8A, matching the fix already applied everywhere else on the page.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Iowa Code, Chapter 709: SEXUAL ABUSE
§ 709.21Invasion of privacy — nudity.In forcecited in 12 of our articles
1. A person who knowingly views, photographs, or films another person, for the purpose of arousing or gratifying the sexual desire of any person, commits invasion of privacy if all of the following apply: a. The other person does not consent or is unable to consent to being viewed, photographed, or filmed. b. The other person is in a state of full or partial nudity. c. The other person has a reasonable expectation of privacy while in a state of full or partial nudity. 2. As used in this section: a. “Full or partial nudity” means the showing of any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering. b. “Photographs or films” means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person. 3. A person who violates this section commits an aggravated misdemeanor.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Iowa courts apply section 709.21 element by element. State of Iowa v. Nathaniel Wade Marchant affirmed a conviction on circumstantial proof of hidden bedroom cameras; State of Iowa v. Paul Andrew Monahan reversed, finding no objectively reasonable expectation of privacy at open public restroom urinals.
Opinions citing this section in our collection:
- State of Iowa v. Paul Andrew Monahan (Court of Appeals of Iowa 2018, 919 N.W.2d 635)✓A man was convicted under section 709.21 for allegedly looking at teenage boys at urinals in a public restroom at a track meet; the court reversed, finding no objectively reasonable expectation of privacy at those open urinals and insufficient evidence of a sexual purpose.
- Iowa Supreme Court Attorney Disciplinary Board v. Templeton (Supreme Court of Iowa 2010, 784 N.W.2d 761)✓A lawyer repeatedly peered into women's bedroom and bathroom windows and pleaded guilty to six counts of invasion of privacy under section 709.21; the court did not interpret the statute but held those convictions reflected adversely on his fitness to practice law.
- State of Iowa v. Nathaniel Wade Marchant (Court of Appeals of Iowa 2026)✓The mother's live-in partner hid a camera in her 13-year-old daughter's bedroom, and over 1,000 nude images were found on his phones; the court held the circumstantial evidence sufficed to sustain his invasion-of-privacy conviction under section 709.21(1).
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Smart Glasses Recording Laws (2026), Iowa Recording Laws (2026): One-Party Consent Rules, Iowa Landlord-Tenant Recording Laws: Surveillance and Privacy Rights (2026)
Iowa Code, Chapter 708: ASSAULT
§ 708.7Harassment.In forcecited in 8 of our articles
1. a. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following: (1) Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm. (2) Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person. (3) Orders merchandise or services in the name of another, or to be delivered to another, without the other person’s knowledge or consent. (4) Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 100 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Button (2001) held that section 708.7 does not require present ability to carry out a threat and that its "without legitimate purpose" clause is the constitutional safety valve. State v. Evans (2003) held a threat is not a necessary element, since the statute reads threaten, intimidate, or alarm disjunctively.
Opinions citing this section in our collection:
- State of Iowa v. Kelvin Plain Sr. (Supreme Court of Iowa 2017, 898 N.W.2d 801)“…sment in the first degree, an aggravated misdemeanor under Iowa Code section 708.7(1)(b) (2015). On appeal, the de…”
- State of Iowa v. Tina Lynn Thacker (Supreme Court of Iowa 2015, 862 N.W.2d 402)“…eanor, and disorderly conduct, a simple misdemeanor. See Iowa Code § 708.7 (2) (2013); id. § 723.4(2). On Febr…”
- State v. Wiederien (Supreme Court of Iowa 2006, 709 N.W.2d 538)✓Wiederien was charged under section 708.7(4) over mail, faxes and following aimed at her physician, then acquitted because the State failed to prove intent to harass. The court held section 708.12(2) gave no authority to continue the no-contact order after that acquittal.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Laws on Recording in Public: First Amendment Rights and Limits (2026), Iowa Video Recording Laws: Where You Can and Cannot Film (2026), Iowa AI Laws: What's Enacted and What's Next (2027)
Iowa Code, Chapter 727: HEALTH, SAFETY, AND WELFARE
§ 727.8Electronic and mechanical eavesdropping.In forcecited in 16 of our articles
1. “Monitoring device” means a digital video or audio streaming or recording device that records, listens to, or otherwise intercepts video or audio communications in order to provide proof of or prevent criminal activity that is placed outside of a person’s dwelling or other structure that is not in a shared hallway and is on real property owned or leased by the person. 2. Any person, having no right or authority to do so, who taps into or connects a listening or recording device to any telephone or other communication wire, or who by any electronic or mechanical means listens to, records, or otherwise intercepts a conversation or communication of any kind, commits a serious misdemeanor. 3. This section does not apply to any of the following: a. The recording by a sender or recipient of a message or one who is openly present and participating in or listening to a communication from recording such message or communication. b. The use of any radio or television receiver to receive any communication transmitted by radio or wireless signal. c. The use of a monitoring device.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):State v. Reid (1986) read the section's exception to let a sender, recipient, or person openly present and participating record a conversation without all-party consent or a court order. State v. Philpott (2005) affirmed a conviction for leaving a voice-activated recorder running in an office during the defendant's absence.
Opinions citing this section in our collection:
- State v. Philpott (Supreme Court of Iowa 2005, 702 N.W.2d 500)✓A court clerk left a voice-activated recorder running on her desk while at lunch, capturing coworkers; the court affirmed her section 727.8 conviction, holding a jury could find she intended to record conversations that took place during her absence.
- State v. Reid (Supreme Court of Iowa 1986, 394 N.W.2d 399)✓Police had a ten-year-old girl call the defendant and taped the call, then videotaped his station interview without telling him; the court held both recordings fell within section 727.8's exception for a participant, so no court order or all-party consent was needed.
- State v. Fox (Supreme Court of Iowa 1992, 493 N.W.2d 829)✓A deputy monitored a county jail inmate's outgoing phone call, and what she said led to a cell search that turned up marijuana; the court held the right or authority to monitor under section 727.8 comes from chapter 808B, whose law-enforcement exception covered him.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Iowa Dashcam Laws: Recording Rules, Windshield Mounting, and Legal Limits (2026), Iowa Medical Recording Laws: Patient Rights, HIPAA, and One-Party Consent (2026)
§ 727.8ACameras or electronic surveillance devices — trespass.In forcecited in 11 of our articles
A person committing a trespass as defined in section 716.7 who knowingly places or uses a camera or electronic surveillance device that transmits or records images or data while the device is on the trespassed property commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Animal Legal Defense Fund v. Kimberly Reynolds (Court of Appeals for the Eighth Circuit 2024, 89 F.4th 1071)“…or data while the device is on the trespassed property[.]” Iowa Code § 727.8A (“the Act”). Five animal-welfare groups…”
- Iowa Citizens for Community Improvement v. Kimberly Reynolds (Court of Appeals for the Eighth Circuit 2026)“…animal-welfare groups sued several Iowa officials, alleging Iowa Code § 727.8A violates their members’ First Amendment…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Security Camera Laws: Home, Business, and HOA Rules (2026), Is Disorderly Conduct a Misdemeanor in Iowa? Penalties, Trespass, Iowa Nursing Home Camera Laws: Rejected for a Sixth Straight Year
Iowa Code, Chapter 728: OBSCENITY
§ 728.12Sexual exploitation of a minor.In forcecited in 7 of our articles
1. It shall be unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor or a law enforcement officer or agent posing as a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act. A person must know, or have reason to know, or intend that the act or simulated act may be photographed, filmed, or otherwise preserved in a visual depiction. A person who commits a violation of this subsection commits a class “B” felony. Notwithstanding section 902.9, the court may assess a fine of not more than fifty thousand dollars for each offense under this subsection in addition to imposing any other authorized sentence. 2. It shall be unlawful to knowingly promote any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act. A person who commits a violation of this subsection commits a class “C” felony. Notwithstanding section 902.9, the court may assess a fine of not more than twenty-five thousand dollars for each offense under this subsection in addition to imposing any other authorized sentence. 3.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 61 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Hunter (1996) affirmed a 728.12(1) conviction and rejected a vagueness challenge to the nudity definition of a prohibited sexual act, holding the conduct fell squarely within it. State v. Gilmour (1994) held knowledge of the minor's age is not an element of 728.12(1) and that mistake of age is no defense.
Opinions citing this section in our collection:
- State of Iowa v. Brent Michael Romer (Supreme Court of Iowa 2013, 832 N.W.2d 169)✓A teacher posed and photographed teenage students in sexual acts and was convicted on five counts under this statute, unchallenged on appeal; affirming, the court described the statute as aimed at the creation of child pornography rather than merely obscene material.
- State v. Robinson (Supreme Court of Iowa 2000, 618 N.W.2d 306)✓A student downloaded images of minors in sex acts to his dorm computer, saying they were research for a class paper; the court held chapter 728's educational use exemption never permits possessing child pornography, so it was not vague as applied to him, and affirmed.
- State v. Hunter (Supreme Court of Iowa 1996, 550 N.W.2d 460)✓A father photographed his partially clothed twelve-year-old daughter in provocative poses exposing her breasts, pubic area and buttocks; the court held nudity does not require total nakedness, so the statute was not vague as applied to him, and affirmed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Age of Consent Laws: Statutes, Penalties and Reporting, Iowa Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Iowa Sexting Laws: Legal Consequences and Penalties
Iowa Code, Chapter 808B: INTERCEPTION OF COMMUNICATIONS
§ 808B.8Civil damages authorized — civil and criminal immunity — injunctive relief.In forcecited in 12 of our articles
1. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter shall: a. Have a civil cause of action against any person who intercepts, discloses, or uses or procures any other person to intercept, disclose, or use such communications. b. Be entitled to recover from any such person all of the following: (1) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation, or one thousand dollars, whichever is higher. (2) Punitive damages upon a finding of a willful, malicious, or reckless violation of this chapter. (3) A reasonable attorney fee and other litigation costs reasonably incurred. 2. A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action brought under this chapter. 3. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter may seek an injunction, either temporary or permanent, against any person who violates this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, University of Iowa (Supreme Court of Iowa 2009, 763 N.W.2d 250)“…of an intercepted electronic communication in violation of Iowa Code section 808B.8 (2001). Because the fraternity is the r…”
- Brenda Papillon v. Bryon Jones (Supreme Court of Iowa 2017)“…ict court awarded Papillon attorney fees of $16,008. See Iowa Code § 808B.8(1)(b)(3) (allowing award of attorney f…”
- Marcus Darrell Eugene Luthi v. Client Neis, in his official and individual capacities, and Wapello County, Iowa (Court of Appeals of Iowa 2021)“…apillon v. Jones, 892 N.W.2d 763, 770 (Iowa 2017) (quoting Iowa Code § 808B.8). Iowa Code chapter 808B is “intended…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Phone Call Recording Laws: One-Party Consent for Calls (2026), Iowa School Recording Laws: Student Privacy, FERPA, and Classroom Rules (2026), Iowa AI Meeting Recording Laws (2026)
Iowa Code, Chapter 903: MISDEMEANORS
§ 903.1Maximum sentence for misdemeanants.In forcecited in 14 of our articles
1. If a person eighteen years of age or older is convicted of a simple or serious misdemeanor and a specific penalty is not provided for or if a person under eighteen years of age has been waived to adult court pursuant to section 232.45 on a felony charge and is subsequently convicted of a simple, serious, or aggravated misdemeanor, the court shall determine the sentence, and shall fix the period of confinement or the amount of fine, which fine shall not be suspended by the court, within the following limits: a. For a simple misdemeanor, there shall be a fine of at least one hundred five dollars but not to exceed eight hundred fifty-five dollars. The court may order imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine. b. For a serious misdemeanor, there shall be a fine of at least four hundred thirty dollars but not to exceed two thousand five hundred sixty dollars. In addition, the court may also order imprisonment not to exceed one year. 2. When a person is convicted of an aggravated misdemeanor, and a specific penalty is not provided for, the maximum penalty shall be imprisonment not to exceed two years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 148 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Nicole Lara Shumate v. Drake University A/K/A Drake University Law School (Supreme Court of Iowa 2014, 846 N.W.2d 503)“…carceration, a fine of $625, and a criminal record. See Iowa Code § 903.1(1)(a). The legislature could reaso…”
- State v. Ayers (Supreme Court of Iowa 1999, 590 N.W.2d 25)“…ggravated misdemeanors, the general sentencing provision is Iowa Code section 903.1(2), which provides: When a perso…”
- State v. Kirchoff (Supreme Court of Iowa 1990, 452 N.W.2d 801)“…Kirchoff. See Iowa Code ch. 901 (sentencing procedures); Iowa Code §§ 903.1 (maximum sentence for misdemeanants),…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Hit and Run Laws: Penalties and What to Do, Iowa Assault Laws: Simple vs Aggravated Assault and Penalties, Is Embezzlement a Felony in Iowa? Theft, Forgery and Penalties
United States Code Title 18
§ 1801Video voyeurismIn forcecited in 81 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) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Courts have applied 18 U.S.C. 1801 mainly at its edges. United States v. Johnson (2010) read it as Congress's answer to secretly filming nudity on federal property, acquitting on a child exploitation charge instead. EPIC v. Department of Homeland Security (2011) applied the Section 1801(c) law enforcement exception to a TSA scanner claim.
Opinions citing this section in our collection:
- United States v. Anthony Helton (Court of Appeals for the Fourth Circuit 2019, 944 F.3d 198)“…from this list of federal offenses is video voyeurism under 18 U.S.C. § 1801. Rather than list this statute as an enu…”
- United States v. Johnson (District Court, W.D. Missouri 2010, 719 F. Supp. 2d 1059)✓A weightlifting coach hid a camera to film minors weighing in nude; acquitting him under the child exploitation statute, the court called that conduct plain video voyeurism under section 1801, but noted the section reaches only federal maritime and territorial jurisdiction.
- Electronic Privacy Information Center v. United States Department of Homeland Security (Court of Appeals for the D.C. Circuit 2011, 653 F.3d 1)✓Privacy groups challenged TSA body scanners under the Video Voyeurism Prevention Act; the D.C. Circuit held the statute's exception for lawful law enforcement, correctional, or intelligence activity applied to airport screening, so the section 1801 claim failed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Is It Illegal to Video Record Someone Without Their Consent? (2026), California Voyeurism and Hidden Camera Laws: Penalties and Protections (2026), Delaware Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections (2026)
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This article also draws on these acts and chapters (opening at their first section): Iowa Code, Chapter 808B: INTERCEPTION OF COMMUNICATIONS § 808B.1 (Definitions.) · Iowa Code, Chapter 659A: UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES § 659A.1 (Short title.) · Iowa Code, Chapter 692A: SEX OFFENDER REGISTRY § 692A.101 (Definitions.)
Related law for further reading — not part of this article’s citations.
Sources and References
- Iowa Code 709.21 - Invasion of Privacy (Nudity)(legis.iowa.gov).gov
- Iowa Code 727.8A - Trespass with camera or electronic surveillance device(legis.iowa.gov).gov
- Iowa Code 727.8 - Electronic and Mechanical Eavesdropping(legis.iowa.gov).gov
- Iowa Code Chapter 808B - Interception of Communications(legis.iowa.gov).gov
- Iowa Code Chapter 692A - Sex Offender Registry(legis.iowa.gov).gov
- Iowa Code 708.7.1.a.5 as amended - 2024 Acts ch 1065 deepfake harassment(legis.iowa.gov).gov
- Iowa Code 728.12 as amended - SF 2243 AI synthetic depictions of minors(legis.iowa.gov).gov
- Iowa Code Chapter 659A - NCII Civil Remedies(legis.iowa.gov).gov
- Iowa Code 903.1 - Maximum Sentences for Misdemeanants(legis.iowa.gov).gov
- 18 U.S.C. 1801 - Video Voyeurism Prevention Act(law.cornell.edu)
- ACLU of Iowa - Know Your Rights(aclu-ia.org)
- Iowa Code 692A.102 - Sex offender registry tiers (709.21 is tier II)(legis.iowa.gov).gov
- Iowa Code 716.7 - Trespass defined (peeping-tom provision, 716.7(2)(a)(7))(legis.iowa.gov).gov
- Iowa Code 659A.6 - Remedies for unauthorized disclosure of intimate images(legis.iowa.gov).gov