Tennessee

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

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202611 min read

Tennessee permits silent video recording in any public place where people lack a reasonable expectation of privacy. When audio is captured alongside video, Tenn. Code Ann. section 39-13-601 requires only one-party consent. Recording someone in a private setting without consent violates Tenn. Code Ann. section 39-13-605.

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

Tennessee a hand placing a smartphone face-down on a restaurant table beside a coffee cup, candid, no faces visible

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.

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

Tennessee glass-walled conference room with figures behind translucent doors

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 hands typing on a mechanical keyboard from above

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'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 prohibits any person from using an individual's voice, image, or likeness in an AI-generated work without consent. It creates civil liability including actual damages, disgorgement of profits, and injunctive relief. Any video recording that incorporates AI-generated voice or likeness cloning implicates both this Act and T.C.A. § 39-13-601.

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 (harassment, commercial gain, or minor victim): Class C felony (3 to 15 years imprisonment)
Civil cause of action: actual damages, statutory 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

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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 cannot place cameras in areas where guests have a reasonable expectation of privacy, such as bathrooms or guest bedrooms, and audio recording is subject to the one-party consent rule.

[Is it illegal to record](/us-laws/is-it-illegal-to-record-someone) someone without their knowledge on video in Tennessee?

It depends on the circumstances. Video-only recording in public is generally legal. Video recording in a private setting where someone has a reasonable expectation of privacy, especially for sexual purposes, is illegal under Tenn. Code Ann. sections 39-13-605 and 39-13-607.

Can my employer install cameras at work in Tennessee?

Yes, in common work areas such as offices, retail floors, and hallways. Employers cannot install cameras in restrooms, changing rooms, locker rooms, or other areas where employees have a reasonable expectation of bodily privacy.

What are the penalties for unlawful video recording in Tennessee?

Unlawful photography under Tenn. Code Ann. section 39-13-605 is a Class A misdemeanor (up to 11 months 29 days in jail and $2,500 fine). If the images are disseminated, it becomes a Class E felony (1 to 6 years imprisonment). Illegal wiretapping involving audio is a Class D felony (2 to 12 years).

Sources and References

Tenn. Code Ann. section 39-13-601 - Wiretapping and Electronic Surveillance(law.justia.com)
Tenn. Code Ann. section 39-13-605 - Unlawful Photography(law.justia.com)
Tenn. Code Ann. section 39-13-607 - Observation Without Consent(law.justia.com)
Tennessee Open Meetings Act - Comptroller of the Treasury(comptroller.tn.gov).gov
Tennessee Office of Open Records Counsel(comptroller.tn.gov).gov
Tennessee Public Records Act Resources(comptroller.tn.gov).gov
Tennessee Rules of Evidence(tncourts.gov).gov
Tennessee Body-Worn Camera Guidance - Attorney General(tn.gov).gov
National Labor Relations Act(nlrb.gov).gov
Tenn. Code Ann. section 39-14-405 - Criminal Trespass(law.justia.com)
ELVIS Act - T.C.A. section 47-25-1101 et seq. - Tennessee Governor signing announcement(tn.gov).gov

Recording Laws

Tennessee Laws

Tennessee

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

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202611 min read

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