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

Tennessee generally permits silent video recording in public places where people lack a reasonable expectation of privacy, though filming focused on a person's intimate areas for sexual gratification, or upskirt-style filming, can be a felony even in public. When audio is captured alongside video, Tenn. Code Ann. section 39-13-601 requires only one-party consent. Recording someone without consent where they have a reasonable expectation of privacy can be a crime under Tenn. Code Ann. section 39-13-605, for example when the images capture their unclothed intimate areas or sexual activity and the recorder knew they would, or were taken for sexual gratification in a way that would offend or embarrass an ordinary person.

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. The Act itself does not mention recording by attendees, but recording open meetings is common practice. Meetings people commonly record include:

• 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. A public body may set reasonable rules for recording, so check its policy before you film.

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 should keep cameras out of:

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

Tennessee has no law that bans cameras by room, but a camera in one of these places can lead to felony unlawful photography charges under section 39-13-605 if it captures people's unclothed intimate areas or sexual activity and the owner knew it would.

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:

• Tennessee has no law that bans cameras by room, but a camera in a guest bathroom or bedroom carries serious criminal and civil risk: it can be felony unlawful photography if it captures guests' unclothed intimate areas or sexual activity and you knew it would
• 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, substantially rewritten by Public Chapter 474 effective July 1, 2025, makes it illegal to knowingly photograph, record, or film another person without their consent under any of three separate pathways:

• The person has a reasonable expectation of privacy (in the ordinary sense, such as in a bathroom, bedroom, or changing room, or, under section 39-13-605(b)(2), anywhere, even in public, when the photo is taken in an offensive or embarrassing manner that captures parts of the body not otherwise visible) and the photo would offend or embarrass an ordinary person and was taken for sexual arousal or gratification, or includes an unclothed intimate area or sexual activity the photographer knew it would show, or
• The person has a reasonable expectation of privacy and the photo includes an unclothed intimate area, was taken to offend, intimidate, embarrass, ridicule, or harass the victim, and was disseminated or its dissemination was threatened or permitted, or
• The photo is focused on an intimate area and taken for sexual arousal or gratification, regardless of whether the person had a reasonable expectation of privacy

Penalties for Unlawful Photography

What This Means in Practice

The unlawful photography statute targets "upskirting," hidden bathroom cameras, and similar invasive recordings. It does not apply to ordinary photography or video recording in public. Only two of the routes, (a)(1)(A) and (a)(3), require a sexual purpose. Knowingly capturing someone's unclothed intimate areas or sexual activity where they have a reasonable expectation of privacy is a felony under (a)(1)(B) whatever the reason, and the harass-and-share offense under (a)(2) needs no sexual purpose either. The (a)(3) route, a photo focused on an intimate area for sexual gratification, applies even where there is no expectation of privacy.

For offenses under (a)(1) or (a)(3) committed on or after July 1, 2025, the judge must also order sex-offender registration (Public Chapter 474 of 2025).

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)

Keep cameras out of:

• 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

Tennessee has no statute that bans workplace cameras by room, but cameras in these places risk felony unlawful photography charges under section 39-13-605 and privacy lawsuits.

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

Video recording law enforcement officers performing their public duties in Tennessee is widely practiced and generally permitted, though the legal footing deserves a caveat: the Sixth Circuit, which covers Tennessee, has not issued a published decision recognizing a First Amendment right to record police in public, so the decisions of other circuits are persuasive but not binding here. Eight federal appeals courts (the First, Second, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits) have held that the First Amendment protects recording police doing their jobs in public, and the Fourth Circuit has held that livestreaming a police traffic stop is protected speech. This commonly includes filming:

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

Tennessee's one-party consent law independently protects recording a conversation you are a party to, including with an officer, regardless of the unsettled constitutional question. No published Sixth Circuit decision has announced the right, and no Tennessee court decision has recognized it either. Because the right is not clearly established here, an officer sued for stopping a recording may be able to claim qualified immunity.

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 police body cameras and dashcams are governed largely by each agency's own policies on use and retention, so check the policy of the department involved. 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's unlawful exposure law, Tenn. Code Ann. section 39-17-318, makes it a Class A misdemeanor to distribute an image of another identifiable person's intimate parts, with the intent to cause emotional distress, when the image was taken under circumstances where the parties agreed or understood it would stay private and the person depicted suffers emotional distress. Images of a minor fall under Tennessee's much more serious child sexual exploitation laws.

This applies to video recordings as well as photographs. A person who records an intimate encounter with consent but then shares it to cause distress can face criminal charges. Since July 1, 2026, the person depicted can also sue the distributor for the distributor's profits, actual damages or $150,000 in liquidated damages, punitive damages, and attorney's fees (Public Chapter 712 of 2026). Agreeing to the recording is not agreeing to its distribution.

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
• Lawfully recorded audio: Audio of a phone call or private conversation that was illegally intercepted cannot be used as evidence in a Tennessee proceeding (Tenn. Code Ann. section 40-6-307) or under federal law (18 U.S.C. section 2515), so make sure any audio was recorded 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's AI Voice and Likeness Law (ELVIS Act)

The Ensuring Likeness Voice and Image Security (ELVIS) Act (T.C.A. § 47-25-1101 et seq.), enacted as Public Chapter 588 of 2024 and effective July 1, 2024, made Tennessee the first state in the nation to extend right-of-publicity protection specifically to a person's voice against unauthorized AI imitation. The Act makes a person civilly liable for using someone's name, photograph, voice, or likeness in advertising or fundraising without consent, for publishing or making available someone's voice or likeness to the public knowing the use was not authorized, and for distributing a tool whose primary purpose is producing a particular person's photograph, voice, or likeness without authorization. Uses in news, commentary, criticism, scholarship, satire, or parody, and fleeting or incidental uses, are treated as fair use to the extent the First Amendment protects them. Remedies include injunctions, actual damages, and the violator's profits.

2025 Preventing Deepfake Images Act

The Preventing Deepfake Images Act (Public Chapter 466 of 2025, HB 1299), effective July 1, 2025, adds T.C.A. Title 39, Chapter 17 provisions creating criminal and civil liability for the nonconsensual disclosure of intimate digital depictions, expressly including AI-generated content:

• Base offense: Class E felony (1 to 6 years imprisonment)
• Aggravated offense (making or sharing the depiction could reasonably be expected to affect a governmental, legislative, or judicial proceeding, including an election, or to facilitate violence): Class C felony (3 to 15 years imprisonment)
• Civil cause of action: the defendant's profits, actual damages or $150,000 in liquidated damages, punitive damages, attorney fees, and injunctive relief

This Act covers synthetic or AI-generated intimate video content depicting a real person, not just footage obtained by direct recording. Together with the ELVIS Act, these laws make Tennessee one of the most protective states for individuals whose image or voice is misappropriated.

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

Back to Tennessee Recording Laws

More Tennessee Recording Topics

• Tennessee Biometric Privacy Laws
• Surveillance Camera Laws

More Tennessee Laws

• Tennessee AI Meeting Recording Laws
• Tennessee Dashcam Laws
• Tennessee Data Privacy Laws
• Tennessee Deepfake Laws
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• Tennessee Police Bodycam Laws
• Tennessee Smart Glasses Recording Laws

Frequently Asked Questions

Is it legal to video record in public in Tennessee?

Yes. Tennessee has no general prohibition on video recording in public places. You can film on public streets, sidewalks, parks, and at government meetings. People in public generally have no reasonable expectation of privacy.

Can I install security cameras in my home in Tennessee?

Yes. Homeowners can install security cameras inside and outside their homes. However, you should keep cameras out of guest bathrooms and bedrooms, because footage there can be felony unlawful photography if it captures guests undressed or in sexual activity, and audio recording is subject to the one-party consent rule.

Is it illegal to record someone without their knowledge on video in Tennessee?

It depends on the circumstances. Video-only recording in public is generally legal. In a private setting where someone has a reasonable expectation of privacy, video recording without consent can be a felony under Tenn. Code Ann. section 39-13-605 if it captures their unclothed intimate areas or sexual activity and the recorder knew it would, or if it is taken for sexual gratification in a way that would offend or embarrass an ordinary person. Spying on someone there for sexual gratification is also a crime under section 39-13-607.

Can my employer install cameras at work in Tennessee?

Yes, in common work areas such as offices, retail floors, and hallways. No Tennessee law bans workplace cameras by room, but employers should keep cameras out of restrooms, changing rooms, locker rooms, and similar private areas, because footage there can lead to felony unlawful photography charges and privacy lawsuits.

What are the penalties for unlawful video recording in Tennessee?

Unlawful photography under Tenn. Code Ann. section 39-13-605 is a Class E felony (1 to 6 years imprisonment) as of July 1, 2025. It becomes a Class D felony if the images are shared, the victim is under 13, or the offender used a child under 13 to commit it, and a Class C felony if the images are shared and the victim is under 13 or the offender used a position of trust or authority over the victim to commit it. The judge must also order sex-offender registration. A narrower dissemination-only pathway is a Class B or Class A misdemeanor. Illegal wiretapping involving audio is a Class D felony (2 to 12 years).