Tennessee Video Recording Laws: What Is Legal and What Is Not

Tennessee does not have a single, comprehensive video recording statute. Instead, the legality of video recording depends on a combination of wiretapping laws, voyeurism statutes, unlawful photography prohibitions, and privacy protections. The rules differ significantly depending on whether you are filming in public, on private property, or in a location where someone has a reasonable expectation of privacy.

This guide explains what Tennessee law says about video recording in every major context, from public streets and workplaces to homes and commercial properties.

Video Recording in Public Places

General Rule: Public Filming Is Legal

Tennessee has no general prohibition on video recording in public places. You have the right to record video on:

• Public streets, sidewalks, and highways
• Parks, plazas, and other public outdoor spaces
• Government buildings that are open to the public
• Public transportation areas
• Any location where you are legally present and others have no reasonable expectation of privacy

This right is grounded in the First Amendment and has been broadly recognized by courts across the country. Video recording in public is considered a form of protected expression and newsgathering.

Audio Capture in Public

When your video recording also captures audio, Tennessee's wiretapping law comes into play. Under Tenn. Code Ann. section 39-13-601, the one-party consent rule applies to oral communications. However, conversations in public where speakers have no reasonable expectation of privacy are not protected "oral communications" under the statute.

In practice, this means filming with audio in public places is generally lawful, because the people being recorded typically lack a reasonable privacy expectation for their words spoken in public.

Public Government Meetings

The Tennessee Open Meetings Act (Tenn. Code Ann. section 8-44-101 et seq.) requires most government body meetings to be open to the public. You can video record:

• City and county commission meetings
• School board meetings
• State legislative proceedings
• Planning and zoning board hearings
• Public hearings and town halls

The Tennessee Comptroller's Office of Open Records Counsel provides guidance on public meeting access and can assist with complaints about restrictions on recording.

Video Recording on Private Property

Property Owner's Rights

On private property, the property owner or occupant has the authority to set rules about recording. A business owner can prohibit filming inside their store, a homeowner can restrict recording on their land, and an employer can regulate recording in the workplace.

If you are asked to stop recording on private property and refuse, you may be asked to leave. Remaining after being told to leave can result in trespassing charges under Tenn. Code Ann. section 39-14-405.

Commercial Establishments

Businesses in Tennessee can:

• Install security cameras in common areas
• Record video in retail spaces, lobbies, and parking lots
• Use loss prevention cameras
• Monitor employee work areas (with some restrictions)

Businesses cannot install cameras in:

• Restrooms
• Changing rooms or fitting rooms
• Locker rooms
• Any area where customers or employees have a reasonable expectation of privacy

Recording Inside Your Own Home

You have broad rights to video record inside your own home. Homeowners commonly install security cameras, nanny cameras, doorbell cameras, and indoor monitoring systems. However, there are important limitations:

• You cannot record guests in areas where they have a reasonable expectation of privacy, such as bathrooms and guest bedrooms
• Audio captured by home cameras is subject to the one-party consent rule under section 39-13-601
• You cannot use home cameras to record intimate activities of others without their consent

Tennessee's Unlawful Photography Statute

Tenn. Code Ann. Section 39-13-605

Tennessee has a specific statute targeting certain types of visual recording. Tenn. Code Ann. section 39-13-605 makes it illegal to knowingly photograph, record, or film another person without their consent when:

• The person is in a place where they have a reasonable expectation of privacy, and
• The person is in a state of undress or the recording focuses on intimate body parts, and
• The recording is made for the purpose of sexual arousal or gratification

Penalties for Unlawful Photography

Offense	Classification	Penalty
Unlawful photography (basic offense)	Class A Misdemeanor	Up to 11 months 29 days, up to $2,500 fine
Unlawful photography with dissemination	Class E Felony	1 to 6 years imprisonment
Victim is a minor	Enhanced penalties apply	Additional sentencing considerations

What This Means in Practice

The unlawful photography statute targets "upskirting," hidden bathroom cameras, and similar invasive recordings. It does not apply to normal photography or video recording in public. The statute requires the specific element of sexual motivation combined with a privacy violation.

Observation Without Consent

Tenn. Code Ann. Section 39-13-607

Tennessee also criminalizes observation without consent under Tenn. Code Ann. section 39-13-607. This statute makes it illegal to knowingly spy on someone in a place where they have a reasonable expectation of privacy, when the observation is done for the purpose of sexual arousal or gratification.

This statute covers not just recording but also live observation. Peeping through windows, drilling holes in walls, or using electronic devices to observe someone in a private setting all fall under this prohibition.

Relationship to Video Recording

The observation statute overlaps with the unlawful photography statute but covers additional conduct. While section 39-13-605 targets recording and photographing, section 39-13-607 targets the act of watching or observing itself. A person who installs a hidden camera in someone's bathroom could be charged under both statutes.

Video Recording in the Workplace

Employer Video Surveillance

Tennessee employers can install video surveillance in the workplace, subject to these guidelines:

Permitted locations:

• Open office areas and cubicle farms
• Retail sales floors
• Warehouses and manufacturing areas
• Parking lots and building exteriors
• Lobbies, hallways, and common areas
• Break rooms (video only, no audio in private conversations)

Prohibited locations:

• Restrooms and bathrooms
• Changing rooms and locker rooms
• Designated private spaces such as nursing rooms
• Any area where employees have a reasonable expectation of bodily privacy

Employee Video Recording Rights

Employees in Tennessee can video record in the workplace in areas where they are present and have a right to be. Under the one-party consent framework, audio captured alongside video is legal as long as the employee recording is a participant in any conversation being captured.

Employer policies may restrict recording. While violating a no-recording policy is not criminal, it can result in disciplinary action or termination. The National Labor Relations Board has recognized that some employer recording restrictions can interfere with protected employee rights under Section 7 of the NLRA.

Video Recording and Law Enforcement

Filming Police Officers

You have the right to video record law enforcement officers performing their public duties in Tennessee. This includes filming:

• Traffic stops, including your own
• Arrests occurring in public view
• Officers patrolling or responding to incidents
• Police interactions at public events

Your right to film police is supported by the First Amendment and Tennessee's one-party consent law. When you are interacting with an officer, you can record the conversation because you are a party to it.

Limitations on filming police:

• Do not physically interfere with officers performing their duties
• Do not cross police tape or enter restricted areas
• Follow lawful orders to move to a safe distance
• Do not obstruct emergency operations

Police Body Cameras and Dashcams

Tennessee law addresses law enforcement recording through the Tennessee Body-Worn Camera Act. Law enforcement agencies that use body cameras must establish written policies governing their use, storage, and public access to footage. Body camera footage is generally subject to public records requests under the Tennessee Public Records Act, though certain exemptions apply for active investigations and personal privacy.

Non-Consensual Distribution of Intimate Images

Tennessee's Revenge Porn Law

Tennessee law criminalizes the non-consensual distribution of intimate images. Publishing or distributing sexually explicit images of another person without their consent, when the images were obtained in a context where the person had a reasonable expectation of privacy, is a criminal offense.

This applies to video recordings as well as photographs. A person who records an intimate encounter with consent but then shares the recording without consent can face criminal charges. The penalties increase when the distribution is done for the purpose of harassment or intimidation.

Using Video Recordings as Evidence

Admissibility in Tennessee Courts

Video recordings are admissible in Tennessee courts when they meet basic evidentiary standards under the Tennessee Rules of Evidence:

• Authentication: A witness must testify that the recording accurately depicts what it purports to show
• Relevance: The video must relate to an issue in the case
• Legality: The recording must have been obtained lawfully
• Integrity: The video must not have been materially altered or edited in a misleading way

Security Camera Footage

Security camera footage from businesses and homes is routinely admitted as evidence in Tennessee criminal and civil cases. The footage is typically authenticated by the person who owns or manages the camera system, who testifies about when the cameras were installed, how they operate, and confirms the footage is accurate.

Best Practices for Video Evidence

• Preserve the original file without editing
• Note the exact date, time, and location of the recording
• Document the camera or device used and its settings
• Maintain a secure chain of custody
• Consult an attorney about procedures for submitting video evidence

Tennessee Recording Laws by Topic

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

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