New York Video Recording Laws: Surveillance Rules and Privacy Limits

New York permits video recording in public spaces where no reasonable expectation of privacy exists. Secretly recording someone in a bedroom, bathroom, or changing room violates Penal Law 250.45 (unlawful surveillance, Class E felony). Audio captured during video recording follows New York's one-party consent rule under Penal Law 250.05.

New York law does not broadly prohibit video recording. You can film in public spaces, record events you witness, and use security cameras on your own property. The restrictions focus on specific types of invasive visual surveillance. Penal Law Sections 250.40 through 250.65 address unlawful surveillance, which targets the secret recording of people in private locations or in states of undress.

This guide covers when video recording is legal in New York, the specific criminal statutes that prohibit invasive surveillance, penalties for violations, and how audio captured during video recording interacts with New York's one-party consent law.

Video Recording in Public Spaces

Your Right to Record in Public

Filming ordinary scenes in public is generally lawful in New York because no one has a reasonable expectation of privacy there. For recording police, in August 2026 the Second Circuit, which covers New York, held that the First Amendment protects recording law enforcement activity in public, including filming a police station from a public sidewalk (Massimino v. Benoit, No. 25-1104). The officers in that case still received qualified immunity because the right was not clearly established when the 2018 arrest happened.

New York's Right to Record Act (Civil Rights Law 79-p) separately gives anyone not under arrest or in custody the right to record law enforcement activity. In 2026 the New York Court of Appeals held that the state and city Right to Record Acts do not give a right to video record inside a police station's public lobby. You can legally:

• Film on public streets, sidewalks, plazas, and parks
• Record public protests, demonstrations, and rallies
• Video government buildings and landmarks from public property
• Film public meetings, hearings, and legislative proceedings
• Record interactions that take place in open, observable areas
• Use a phone, camera, or any recording device in spaces open to the public

No permit is required for personal video recording in public spaces. However, commercial filming (such as for movies, advertisements, or television) may require permits from city or local authorities in some jurisdictions, including New York City.

Limitations on Public Recording

Even in public, certain limitations apply:

• You cannot trespass on private property to get a better recording angle
• You cannot physically obstruct traffic, emergency vehicles, or pedestrian pathways
• You cannot interfere with law enforcement operations (though you can record them from a reasonable distance)
• Government agencies may impose reasonable time, place, and manner restrictions on recording in public buildings
• Courts and certain secure government facilities may restrict or prohibit recording inside

Recording in Semi-Public Spaces

Businesses, restaurants, shopping centers, and other privately owned spaces open to the public occupy a gray area. The property owner or manager can set rules about video recording. If a business posts a "no recording" policy or asks you to stop filming, they can ask you to leave. Refusing to leave after being asked would constitute trespassing, not a recording violation.

Unlawful Surveillance Statutes

Key Definitions: Penal Law 250.40

Penal Law Section 250.40 provides the definitions that underpin New York's unlawful surveillance laws:

"Imaging device" means any mechanical, digital, or electronic viewing device, camera, cellular phone, or any other instrument capable of recording, storing, or transmitting visual images that can be used to observe a person.

"Place and time when a person has a reasonable expectation of privacy" means a place and time when a reasonable person would believe that they could fully disrobe in privacy.

"Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons.

"Intimate parts" means the naked or underwear-clad genitals, pubic area, buttocks, or female breast below the top of the nipple.

These definitions are critical because they establish the boundary between lawful video recording and criminal surveillance. The statute focuses specifically on visual invasions of privacy in intimate settings.

Unlawful Surveillance in the Second Degree: Penal Law 250.45

Penal Law Section 250.45 defines unlawful surveillance in the second degree. A person commits this crime when they:

1. For amusement, entertainment, or profit, or to degrade or abuse someone: intentionally using or installing an imaging device to surreptitiously view, broadcast, or record a person dressing or undressing, or the person's sexual or other intimate parts, at a place and time when the person has a reasonable expectation of privacy, without the person's knowledge or consent

2. For sexual arousal or gratification: the same conduct, done for the actor's or another person's sexual arousal or sexual gratification

3. In a private room, for no legitimate purpose: intentionally using or installing an imaging device to surreptitiously view, broadcast, or record a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower, or any room assigned to guests or patrons in a motel, hotel, or inn, without the person's knowledge or consent. When a device is used or installed in one of those rooms, the law presumes it was for no legitimate purpose, though that presumption can be rebutted

4. Under clothing: intentionally using or installing an imaging device, without the person's knowledge or consent, to surreptitiously view, broadcast, or record the sexual or other intimate parts of a person under the clothing they are wearing

5. Sexual conduct: for amusement, entertainment, profit, sexual arousal or gratification, or to degrade or abuse a person, surreptitiously viewing, broadcasting, or recording a person in an identifiable manner while they are engaging in sexual conduct and in the same image with the sexual or intimate part of another person, at a place and time when the person has a reasonable expectation of privacy, without the person's knowledge or consent

Unlawful surveillance in the second degree is a Class E felony, punishable by up to 4 years in state prison and fines up to $5,000.

Unlawful Surveillance in the First Degree: Penal Law 250.50

Penal Law Section 250.50 elevates the offense when a person commits unlawful surveillance in the second degree and has been previously convicted of unlawful surveillance in either the first or second degree within the preceding 10 years.

Unlawful surveillance in the first degree is a Class D felony, punishable by:

• Up to 7 years in state prison
• Fines up to $5,000
• Mandatory sex offender registration under the Sex Offender Registration Act (SORA)

Registration is not limited to repeat offenders. Under Correction Law 168-a, a first conviction under subdivision 2, 3, or 4 of Penal Law 250.45 (recording for sexual gratification, a hidden camera in a bedroom, bathroom, changing room, or hotel room, or recording under clothing) is also a registrable sex offense unless the judge, on the defendant's motion, finds registration would be unduly harsh and inappropriate.

Dissemination of Unlawful Surveillance Images

New York separately criminalizes the distribution of images obtained through unlawful surveillance:

Dissemination in the second degree (Penal Law 250.55) occurs when a person intentionally disseminates an image of another person's sexual or other intimate parts, knowing it was obtained through conduct that meets the elements of unlawful surveillance. This is a Class A misdemeanor, punishable by up to 1 year in jail.

Dissemination in the first degree (Penal Law 250.60) applies when a person, knowing an image was obtained through unlawful surveillance, sells or publishes it; when the person who created the unlawful surveillance image (in violation of Penal Law 250.45 or 250.50) intentionally disseminates it; or when the person commits dissemination in the second degree and has a prior conviction for dissemination of unlawful surveillance images within the preceding 10 years. This is a Class E felony, punishable by up to 4 years in prison.

Penalty Summary

Audio Captured During Video Recording

When your video recording captures audio, New York's one-party consent law under Penal Law 250.05 applies to the audio component. This means:

• If you are a participant in the conversation being captured on video, you can record the audio without informing others
• If your video inadvertently captures conversations between other people that you are not part of, the audio portion could raise eavesdropping concerns
• Security cameras that also record audio in private spaces require careful consideration of both the surveillance and eavesdropping statutes

In public spaces where there is no reasonable expectation of privacy, incidental audio capture during video recording is generally not a legal concern.

Video Recording on Private Property

Your Own Property

You have broad rights to install and operate video cameras on property you own. Homeowners and renters can:

• Install exterior security cameras that capture video of their property and adjacent public areas
• Use doorbell cameras (like Ring or Nest) that record visitors and activity at the front door
• Place interior cameras in common living areas of their own home
• Monitor nannies, housekeepers, or other service providers in common areas with video

However, even on your own property, you cannot place cameras in areas where guests or residents have a reasonable expectation of privacy, including:

• Bathrooms and toilets
• Guest bedrooms (especially when guests are staying)
• Changing areas

Someone Else's Property

Recording on someone else's private property is governed by the property owner's rules. The owner can prohibit recording entirely or set conditions. Recording in areas designed for privacy on someone else's property can trigger the unlawful surveillance statutes.

Video Recording in Specific Locations

Retail Stores and Businesses

Retail stores in New York routinely use video surveillance for loss prevention and security. This is generally legal as long as cameras are not placed in fitting rooms, restrooms, or other private areas. Employees and customers in common areas do not have a reasonable expectation of visual privacy that would prevent standard security camera use.

Hotels and Short-Term Rentals

Hidden cameras in hotel, motel, and inn guest rooms, and in the bedrooms and bathrooms of Airbnb and other rentals, are covered by Penal Law 250.45, which presumes a camera placed in those rooms serves no legitimate purpose. Guests in rooms assigned to them at hotels, motels, inns, and similar lodging have a reasonable expectation of privacy. Property owners who install hidden cameras in guest rooms can face Class E felony charges.

Transportation

Video recording on public transportation, including MTA buses and subway platforms, is generally permitted as these are public spaces. The MTA does not prohibit personal photography or video recording for non-commercial purposes on its platforms and in its stations. Commercial filming requires a permit.

Recording Government Proceedings

New York's Open Meetings Law requires that most government meetings be open to the public. Recording of open meetings, including video recording, is generally permitted. Government bodies may adopt reasonable rules about camera placement and equipment, but they cannot prohibit recording altogether.

New York Civil Rights Law section 52 generally prohibits televising, broadcasting, or filming court proceedings in which witness testimony is or may be taken, unless the statute's specific consent requirements are met. Violating it is a misdemeanor. No pending legislation is described here as changing that rule for New York courtrooms.

Civil Liability for Invasive Video Recording

New York has no single civil statute for hidden-camera recording, and it does not recognize common-law privacy claims such as intrusion upon seclusion (Howell v. New York Post Co., 1993). Civil claims instead come from specific statutes:

• Shared intimate images: a person whose intimate image was shared or published, or threatened to be, to harass, annoy, or alarm them can sue under Civil Rights Law 52-b for compensatory and punitive damages, an injunction, and attorney's fees
• Employer cameras: an employee video recorded by an employer in a restroom, locker room, or changing room can sue under Labor Law 203-c for damages, attorney's fees, and an injunction
• Neighbor cameras: a homeowner or tenant can sue under Civil Rights Law 52-a over a camera installed on adjoining property to record their backyard with intent to harass, annoy, alarm, or threaten
• Commercial use: Civil Rights Law 50 and 51 cover using a person's image for advertising or trade without written consent

In some cases a claim for intentional infliction of emotional distress may also be available.

Video Recording and Technology

Drones

Drone use for video recording in New York is subject to both state law and Federal Aviation Administration (FAA) regulations. While New York does not have a comprehensive drone privacy statute, using a drone to record someone in a place where they have a reasonable expectation of privacy could constitute unlawful surveillance under Penal Law 250.45. FAA rules require drone operators to register their aircraft, maintain visual line of sight, and follow airspace restrictions.

Smart Glasses and Wearable Cameras

Wearable cameras, including smart glasses like Meta Ray-Bans, can record video in public spaces without violating New York law. However, using these devices to record in private spaces, under clothing, or in areas where people have a reasonable expectation of privacy triggers the unlawful surveillance statutes. New York State does not have a statewide biometric privacy law equivalent to Illinois' BIPA, so facial geometry data captured by smart glasses does not carry the same statutory damages risk.

Ring Cameras and Doorbell Cameras

Doorbell cameras that record the area immediately outside your door and adjacent public spaces are legal. Disputes can arise when a doorbell camera captures significant footage of a neighbor's property. New York law does not prohibit this, but persistent recording aimed at a neighbor's private spaces could support a harassment complaint, and a camera installed on adjoining property to record a neighbor's backyard with intent to harass can support a lawsuit under Civil Rights Law 52-a.

Federal Law and Video Recording

Federal law does not impose a broad prohibition on video recording. The relevant federal statutes focus on audio interception rather than visual recording. However, federal law may apply in specific contexts:

• The Video Voyeurism Prevention Act (18 U.S.C. 1801) prohibits photographing or recording the intimate areas of another person without consent on federal property or in special maritime and territorial jurisdiction
• The Fourth Amendment can require the government to get a warrant before a search: in Carpenter v. United States (2018), the Supreme Court held that the government must generally obtain a warrant before acquiring historical cell-site location records, and it said the decision does not call into question conventional surveillance techniques and tools, such as security cameras
• Title III of the Omnibus Crime Control Act governs audio interception but does not directly address silent video recording

More New York 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

Back to New York Recording Laws

More New York Recording Topics

• New York Biometric Privacy Laws
• Surveillance Camera Laws

More New York Laws

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

Frequently Asked Questions

Is it legal to video record someone in New York without their consent?

It depends on the location. You can record anyone in a public space without their consent. In private spaces, recording someone without consent can be illegal. Unlawful surveillance under Penal Law 250.45 targets secret recording in places where a person has a reasonable expectation of privacy, such as bedrooms, bathrooms, changing rooms, and hotel rooms. This is a Class E felony with up to 4 years in prison.

Can I record video in a New York store or restaurant?

Generally, yes. Stores and restaurants are semi-public spaces, and customers and employees do not have a reasonable expectation of visual privacy in the common areas of these businesses. However, the business owner can ask you to stop recording and ask you to leave. Recording in fitting rooms, restrooms, or other private areas within a business is illegal.

Are hidden cameras legal in New York?

Hidden cameras are legal in your own home in common areas for purposes like security monitoring or checking on childcare providers. They are illegal in any location where a person has a reasonable expectation of privacy, including bathrooms, bedrooms (when guests are present), changing rooms, and hotel rooms. They are also illegal if used to record under someone's clothing or to capture intimate parts without consent.

What is the penalty for unlawful video surveillance in New York?

Unlawful surveillance in the second degree is a Class E felony carrying up to 4 years in prison and fines up to $5,000. A second conviction within 10 years elevates the charge to unlawful surveillance in the first degree, a Class D felony with up to 7 years in prison and sex offender registration. A first conviction under subdivision 2, 3, or 4 of Penal Law 250.45 can also require registration unless the judge finds it unduly harsh. Sharing an unlawful surveillance image is a Class A misdemeanor (up to 1 year) under Penal Law 250.55, but it is a Class E felony (up to 4 years) under Penal Law 250.60, even for a first offense, if the person sells or publishes the image or is the one who made the illegal recording.

Does the audio on my video recording follow different rules than the video?

Yes. Video and audio are governed by separate statutes in New York. The video component is governed by the unlawful surveillance statutes (Penal Law 250.40 through 250.65), while the audio component falls under the eavesdropping and wiretapping statutes (Penal Law 250.00 through 250.05). For audio, New York follows one-party consent, meaning you can capture audio if you are a participant in the conversation. If your video records conversations you are not part of, the audio component could raise eavesdropping issues.