South Carolina Voyeurism Laws: Hidden Cameras, Peeping, and Penalties (2026)

South Carolina criminalizes voyeurism and unlawful recording under S.C. Code Ann. 16-17-470, which prohibits peeping and eavesdropping on another person's premises (including with video or audio equipment) and, for a sexual purpose, viewing or recording someone without their knowledge and consent in a place where they would reasonably expect privacy. Penalties range from a misdemeanor for simple peeping and a first voyeurism offense to a felony carrying up to 10 years for aggravated voyeurism, meaning the sale or distribution of an unlawfully made recording.

South Carolina takes voyeurism offenses seriously, with multiple statutes addressing different forms of invasive recording and observation. The primary voyeurism law at S.C. Code Ann. 16-17-470 covers peeping, electronic surveillance in private spaces, and video voyeurism. A newer statute enacted in 2025, S.C. Code Ann. 16-15-332, addresses the non-consensual distribution of intimate images.

This guide explains what South Carolina law prohibits, the penalties for each type of offense, how the courts apply these statutes, and what to do if you are a victim of voyeurism.

Understanding S.C. Code Ann. 16-17-470

What the Statute Covers

South Carolina's voyeurism statute at S.C. Code Ann. 16-17-470 prohibits three categories of conduct:

Peeping. Under subsection (A), it is illegal to be a "peeping tom" on or about the premises of another, meaning someone who peeps through windows, doors, or similar places to spy on or invade the privacy of the people there. The statute says the term also covers anyone who uses video or audio equipment for that purpose. This covers the traditional "Peeping Tom" scenario where someone looks into another person's home to observe them without consent.

Eavesdropping. Subsection (A) also makes it illegal to be an eavesdropper on or about the premises of another, or to go onto someone's premises to eavesdrop. While the wiretapping statute at S.C. Code Ann. 17-30-20 covers electronic interception of communications, the voyeurism statute provides an additional layer of protection against physically positioning yourself to overhear private conversations.

Voyeurism. Under subsection (B), a person commits voyeurism if, for the purpose of arousing or gratifying sexual desire, they knowingly view, photograph, record, or film another person, without that person's knowledge and consent, while the person is in a place where they would have a reasonable expectation of privacy. Hidden cameras and spy cameras are a common way it happens. Subsection (C) separately makes it aggravated voyeurism to knowingly sell or distribute a recording made in violation of the statute.

The Reasonable Expectation of Privacy Standard

The voyeurism offense hinges on whether the victim was in a place where they would have a reasonable expectation of privacy. The statute defines that term itself. Under S.C. Code Ann. 16-17-470(D)(1), it means:

• A place where a reasonable person would believe they could undress in privacy, without being concerned that their undressing was being photographed, filmed, or videotaped by another, or
• A place where one would reasonably expect to be safe from hostile intrusion or surveillance

Places that typically fit that definition include:

• Private residences and hotel rooms
• Bathrooms and restrooms (both public and private)
• Locker rooms and changing rooms
• Hospital rooms and medical examination rooms
• Fitting rooms in retail stores
• Tanning booths and spa treatment rooms
• Any enclosed space where a person might undress

Criminal Penalties for Voyeurism

Penalty Structure

South Carolina's voyeurism penalties vary based on the severity of the offense and the method used, escalating for repeat offenses and for selling or distributing an unlawfully made recording:

What Raises the Penalty

South Carolina's voyeurism statute raises the penalty in only two ways: a second or later voyeurism offense becomes a felony, and selling or distributing an unlawful recording is aggravated voyeurism. The statute lists no other aggravating factors. Within the statutory range, the sentence is up to the judge. Anyone convicted must also forfeit the recordings, which are destroyed once they are no longer needed as evidence (16-17-470(F)).

Sex Offender Registration

South Carolina's Sex Offender Registry Act (S.C. Code Ann. 23-3-430) requires registration for certain offenses. Under § 23-3-430(C)(1)(e), a conviction for peeping, voyeurism, or aggravated voyeurism under S.C. Code Ann. § 16-17-470 is classified as a Tier I offense, which triggers mandatory sex offender registration. This applies to a simple peeping conviction the same as it applies to the aggravated forms of the offense; registration for this offense category is not left to judicial discretion.

Registration means reporting to the sheriff twice a year (S.C. Code Ann. 23-3-460) and a public listing. The statute frames registration as lifelong, but a Tier I offender, which includes anyone convicted under 16-17-470, may apply to end it after 15 years (S.C. Code Ann. 23-3-462). South Carolina's 1,000-foot residency restriction (23-3-535) covers listed child-sex, child-kidnapping, and child-trafficking offenses and does not apply to a voyeurism conviction. The public registry is maintained by the South Carolina Law Enforcement Division (SLED).

The 2025 Intimate Images Law: S.C. Code Ann. 16-15-332

Why the Law Was Enacted

South Carolina was the last state in the nation to enact a law addressing the non-consensual distribution of intimate images. On May 12, 2025, Governor Henry McMaster signed S.C. Code Ann. 16-15-332 into law, closing a significant gap in the state's privacy protections.

What the Law Prohibits

The statute makes it a crime to intentionally share an intimate image, or an AI-generated "digitally forged" intimate image, of another person without that person's effective consent. The law applies when:

• The person depicted is identifiable from the image itself or from accompanying information
• The image shows the kinds of nudity or sexual activity defined in S.C. Code Ann. 16-15-330(4)
• The person sharing it knew or reasonably should have known the image was obtained or created under circumstances where the depicted person had a reasonable expectation of privacy

Agreeing to have the image taken, or sending it privately to one person, does not count as consent to further sharing (16-15-332(A)).

Penalties Under S.C. Code Ann. 16-15-332

AI-Generated Deepfakes

A notable feature of the 2025 law is its coverage of AI-generated content. The statute applies to digitally forged or AI-altered images that falsely depict someone in intimate situations. It punishes sharing such an image; making a deepfake of an adult is not by itself a crime under this law. Creating, sharing, or possessing an AI-altered sexual image of an identifiable minor is a separate felony under South Carolina's sexual exploitation of a minor statutes (S.C. Code Ann. 16-15-395, 16-15-405 and 16-15-410, as amended in 2025).

Civil Remedies for Victims

The 2025 criminal law does not itself create a lawsuit. The civil remedy comes from a separate 2026 law, the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act (S.C. Code Ann. 15-75-310 to -370, effective May 15, 2026, for claims arising on or after that date). It lets an identifiable person sue someone who intentionally disclosed, or threatened to disclose, a private intimate image of them without consent. A court can award:

• Actual damages, including for emotional distress, or statutory damages of up to $10,000 per defendant, whichever is greater
• Any profit the defendant made from the disclosure
• Punitive damages as allowed under South Carolina law
• Reasonable attorney's fees and costs, and an injunction or other relief

A suit over a disclosure generally must be filed within three years of when it was discovered or should have been discovered; a suit over a threat must be filed within four years of the threat, and the clock does not start for a minor until age 18 (15-75-360). A plaintiff may ask the court to seal filings to protect their identity (15-75-340). Federal law (15 U.S.C. 6851) also provides a civil action.

Hidden Cameras: Where the Law Draws the Line

Hidden Cameras That Are Illegal

South Carolina's voyeurism law is about what the recorder does and why, not only where a camera is mounted. Using a hidden camera to view or record someone, without their knowledge and consent and for a sexual purpose, in a place where they would reasonably expect privacy is voyeurism under S.C. Code Ann. 16-17-470(B). Separately, using video or audio equipment to spy on people on or about another person's premises is peeping under subsection (A). The places where hidden cameras most often lead to charges include:

• Bathrooms and restrooms in any setting (homes, businesses, public facilities)
• Locker rooms at gyms, pools, schools, and workplaces
• Changing rooms and fitting rooms in retail stores
• Bedrooms (including guest rooms, hotel rooms, and Airbnb properties)
• Medical examination rooms and treatment areas
• Tanning booths and spa rooms

The statute is written around places rather than body parts, so up-skirt filming in an otherwise public place is a gray area under it, though prosecutors may still bring charges.

If the hidden camera also records audio, the device may additionally violate the wiretapping statute at S.C. Code Ann. 17-30-20, resulting in separate felony charges carrying up to 5 years in prison and $5,000 in fines.

Hidden Cameras That May Be Legal

South Carolina law does not prohibit all hidden cameras. Cameras may be legal when:

• Installed in your own home in non-private common areas (living room, kitchen, front porch)
• Used for legitimate security purposes on your business premises in non-private areas
• Positioned to monitor public areas or property you own
• Used by law enforcement with proper legal authorization

Even when a hidden camera is technically legal, you must be careful about audio recording. If the camera captures conversations, the one-party consent rule under S.C. Code Ann. 17-30-30 requires that you be a party to the conversation or have consent from at least one participant.

Voyeurism in Specific Contexts

Workplace Voyeurism

An employer, manager, or coworker who uses a hidden camera to view or record employees in a bathroom, locker room, or changing area for a sexual purpose commits voyeurism. A camera in those areas installed for another reason still invites wiretapping charges if it captures conversations and civil invasion-of-privacy claims, and these are the areas where such claims most often arise. Employees who discover hidden cameras in private workplace areas should:

1. Document the camera's location without touching it
2. Report the discovery to HR or management (if they are not the ones responsible)
3. Contact local law enforcement
4. Consult with an attorney about civil remedies

Landlord Voyeurism

Landlords who install hidden cameras inside rental units can face several offenses. Depending on the purpose and placement, in addition to peeping or voyeurism charges, a landlord may face:

• Wiretapping charges if the cameras record audio
• Invasion of privacy civil claims
• Tenant remedies for a knowing unlawful entry into the unit under S.C. Code Ann. 27-40-780(b), including an injunction or ending the rental agreement, plus actual damages and attorney's fees

School Settings

Recording students in bathrooms, locker rooms, or other private areas on school grounds is a particularly serious offense. A second or subsequent violation is a felony carrying up to 5 years in prison, and selling or distributing the recording is aggravated voyeurism carrying up to 10 years. School employees who engage in voyeurism also face termination, loss of teaching credentials, and sex offender registration.

Retail and Hospitality Settings

Business owners and employees who install cameras in fitting rooms, restrooms, or hotel rooms face criminal prosecution. The hospitality industry has seen high-profile cases involving hidden cameras in short-term rental properties (Airbnb, VRBO). Guests who discover hidden cameras should immediately contact law enforcement and document the camera's location and type.

Intersection with Federal Law

Video Voyeurism Prevention Act (18 U.S.C. 1801)

The federal Video Voyeurism Prevention Act prohibits photographing or recording the private areas of an individual without consent in circumstances where the individual has a reasonable expectation of privacy. This federal law applies only within the special maritime and territorial jurisdiction of the United States, such as certain federal enclaves, and does not reach ordinary homes, rentals, or businesses in South Carolina.

The federal penalty is a fine, up to one year in prison, or both. The statute has no separate tier for minor victims; where images of a minor are sexually explicit, separate federal child exploitation laws can apply.

PROTECT Act Provisions

In cases where voyeurism involves minors and the images constitute child pornography, federal laws including the PROTECT Act (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act) may apply, carrying significantly harsher penalties than state-level voyeurism charges.

How to Report Voyeurism in South Carolina

Steps for Victims

If you discover that you have been a victim of voyeurism in South Carolina:

1. Do not touch or remove the camera. Leave it in place so law enforcement can collect it as evidence.
2. Call local law enforcement immediately. File a police report and provide details about the camera's location, type, and any identifying information.
3. Document everything. Take photographs of the camera's location from multiple angles. Note the date, time, and circumstances of discovery.
4. Preserve digital evidence. If images or videos have been distributed, screenshot the posts or messages and save URLs before they are taken down.
5. Contact an attorney. A lawyer can advise you on both criminal proceedings and civil remedies, including potential lawsuits for damages.
6. Seek support. Contact the National Sexual Assault Hotline at 1-800-656-4673 for confidential support and resources.

Reporting to Law Enforcement

You can report voyeurism to:

• Your local police department or sheriff's office
• The South Carolina Law Enforcement Division (SLED) for cases involving technology or multiple jurisdictions
• The FBI if federal law may apply (for example, conduct on a federal enclave, sexual images of a minor, or images shared online)

Bill 3042 (Not Enacted)

Bill 3042 in the 2025-2026 South Carolina legislative session would have updated the voyeurism statute (S.C. Code Ann. 16-17-470) to:

• Explicitly cover AI-generated deepfake images used for voyeuristic purposes
• Increase penalties for technology-assisted voyeurism
• Add provisions addressing emerging surveillance technologies

Bill 3042 never left the House Judiciary Committee, where it was referred on January 14, 2025, and the bill did not become law in the 2025-2026 session. A future session could take up a similar proposal; check the South Carolina Legislature website for new bills.

Defenses to Voyeurism Charges

Common Legal Defenses

Defendants charged with voyeurism in South Carolina may raise several defenses:

• Consent. If the alleged victim consented to being observed or recorded, this is a complete defense. However, consent must be genuine, voluntary, and informed.
• No reasonable expectation of privacy. If the observation or recording occurred in a location where no reasonable expectation of privacy existed, the voyeurism statute does not apply.
• Lack of intent or purpose. For voyeurism, the prosecution must prove the defendant acted knowingly and for the purpose of sexual arousal or gratification. Accidental or inadvertent recording does not satisfy this element.
• Constitutional challenges. Defendants sometimes raise First Amendment objections to voyeurism charges. Section 16-17-470 remains in force, and a criminal defense lawyer can say whether such a challenge has any footing in a specific case.

South Carolina 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 South Carolina Recording Laws

More South Carolina Recording Topics

• South Carolina Biometric Privacy Laws
• Surveillance Camera Laws

More South Carolina Laws

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

Frequently Asked Questions

What is the penalty for voyeurism in South Carolina?

Penalties vary by offense severity. Simple peeping and a first voyeurism offense are misdemeanors carrying up to 3 years in prison. A second or subsequent voyeurism offense is a felony carrying up to 5 years. Aggravated voyeurism, meaning selling or distributing an unlawfully made recording, is a felony carrying up to 10 years. Any conviction under S.C. Code Ann. 16-17-470, including simple peeping, is a Tier I offense under the Sex Offender Registry Act and requires registration.

Are hidden cameras illegal in South Carolina?

A hidden camera is a crime under S.C. Code Ann. 16-17-470 when it is used to view or record someone, without their knowledge and consent and for a sexual purpose, in a place where they would expect privacy, such as a bathroom, locker room, or changing room, or when it is used to spy on people on another person's premises. For voyeurism, a first offense is a misdemeanor and a second or subsequent offense is a felony carrying up to 5 years in prison. Hidden cameras in non-private areas like your own living room or a business lobby are generally legal.

Is revenge porn illegal in South Carolina?

Yes. Since May 2025, S.C. Code Ann. 16-15-332 makes it a crime to distribute intimate images without the depicted person's consent. Without intent to harm, a first offense is a misdemeanor (up to 1 year and $5,000 fine) and a second or subsequent offense is a felony (up to 5 years and $5,000 fine). Distribution with intent to cause harm or for profit is a felony starting with the first offense (up to 5 years and $5,000 fine), rising to a mandatory minimum of 1 year and up to 10 years and a $10,000 fine for a second or subsequent offense. The law also covers AI-generated deepfakes.

Can I be charged with voyeurism for recording in a public place?

Generally no. Voyeurism charges require that the recording occur in a place where the victim has a reasonable expectation of privacy. Recording in a truly public space does not violate the voyeurism statute. The statute is written around places rather than body parts, so up-skirt filming in an otherwise public place is a gray area under it, though prosecutors may still bring charges under it or other laws.

What should I do if I find a hidden camera in a rental property or hotel room in South Carolina?

Do not touch the camera. Call local law enforcement immediately to file a report. Document the camera's location with photographs. Contact the property management company to report the issue. Consult with an attorney about potential civil claims for invasion of privacy. If intimate images were shared or someone threatened to share them, you may also have a civil claim under South Carolina's 2026 intimate-images civil remedy law (S.C. Code Ann. 15-75-310 to -370), and sharing them can be a crime under S.C. Code Ann. 16-15-332.