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Tennessee Voyeurism and Hidden Camera Laws: Statutes and Penalties

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202611 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 3 primary sources cited on this page. How we verify our legal content

Tennessee Voyeurism and Hidden Camera Laws: Statutes and Penalties

Tennessee prohibits unlawful photography and observation without consent under Tenn. Code Ann. sections 39-13-605 and 39-13-607. Section 39-13-607 requires a sexual purpose, but two of the routes in section 39-13-605 do not. A person has a reasonable expectation of privacy in places such as a bathroom or bedroom, and section 39-13-605(b)(2) adds that a person also has one anywhere, even in public, when a photo is taken in an offensive or embarrassing manner that captures parts of the body not otherwise visible. One route applies even without any privacy expectation. As of July 1, 2025, unlawful photography under section 39-13-605(a)(1) or (a)(3) is a Class E felony as a base offense, a Class D felony with dissemination or a victim under 13, and a Class C felony with dissemination plus a victim under 13 or an offender who used a position of trust or authority to commit it, and the judge must order sex-offender registration.

Tennessee has multiple statutes that specifically target voyeurism, hidden camera surveillance, and the non-consensual distribution of intimate images. These laws go beyond the general wiretapping statute to address invasions of privacy that involve visual recording and observation in settings where victims have a reasonable expectation of privacy.

This guide covers all of Tennessee's voyeurism and hidden camera laws, including the specific statutes, penalties, defenses, and civil remedies available to victims.

Tennessee's Voyeurism and Hidden Camera Statutes

Overview of Relevant Laws

Tennessee addresses voyeurism and hidden camera offenses through several interconnected statutes in Title 39, Chapter 13, Part 6 of the Tennessee Code Annotated:

StatuteOffenseClassification
Section 39-13-605Unlawful photographyClass E Felony (Class D/C if aggravated)
Section 39-13-607Observation without consentClass A Misdemeanor (Class E Felony if victim under 13)
Section 39-13-601Wiretapping (audio component)Class D Felony

Additional statutes address the distribution of intimate images and related offenses.

Unlawful Photography: Tenn. Code Ann. Section 39-13-605

What the Law Prohibits

Tenn. Code Ann. section 39-13-605, substantially rewritten by Public Chapter 474 effective July 1, 2025, makes it illegal to knowingly photograph, record by any means, or film another person without that person's consent under any of three separate pathways:

Tennessee voyeurism penalties run from a Class B misdemeanor for a first harass-and-share offense to a Class C felony with 3 to 15 years for shared images of a child victim.
Since July 1, 2025, the sexual-purpose and intimate-area forms of unlawful photography are felonies from the start in Tennessee, and sharing the images or a child victim raises the grade.
  1. 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
  2. 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
  3. The photo is focused on an intimate area and taken for sexual arousal or gratification, regardless of any reasonable expectation of privacy

Only one of these three pathways needs to be satisfied for a conviction. The statute targets specific invasive conduct, not general photography or video recording.

Examples of Prohibited Conduct

This statute covers a range of hidden camera and voyeuristic photography scenarios:

  • Hidden bathroom cameras: Installing a camera in a bathroom, shower, or changing room to capture images of people undressing
  • Upskirting: Using a camera or phone to photograph or record under someone's clothing without consent
  • Hidden bedroom cameras: Placing a camera in a bedroom to record someone undressing or engaging in intimate activity without knowledge
  • Fitting room cameras: Installing recording devices in retail fitting rooms or dressing areas
  • Locker room surveillance: Placing cameras in gym, pool, or sports facility locker rooms
  • Hotel room cameras: Installing hidden cameras in hotel rooms, vacation rentals, or Airbnb properties

Penalties for Unlawful Photography

Offense LevelClassificationMaximum Penalty
Sexual-purpose or intimate-area photography (pathway 1 or 3)Class E Felony1 to 6 years imprisonment
Same offense with dissemination, victim under 13, or a minor under 13 used by the defendant to facilitate the offenseClass D Felony2 to 12 years imprisonment
Same offense with dissemination plus a victim under 13 or a defendant who used a position of trust or authorityClass C Felony3 to 15 years imprisonment
Dissemination-focused offense (pathway 2), first violationClass B MisdemeanorUp to 6 months, up to $500 fine
Dissemination-focused offense (pathway 2), second or subsequent violationClass A MisdemeanorUp to 11 months 29 days, up to $2,500 fine

As of July 1, 2025, the base sexual-purpose and intimate-area pathways are felonies from the outset. Only the narrower dissemination-focused pathway under (a)(2) is a misdemeanor: Class B for a first violation and Class A after that.

For offenses under (a)(1) or (a)(3) committed on or after July 1, 2025, the judge must also order sex-offender registration. Since July 1, 2025, the time limit for prosecution is also paused for any period the offender conceals the crime, until the victim discovers it (section 39-13-605(g), added by Public Chapter 62 of 2025).

When a Sexual Purpose Is Required

Two of the statute's routes require a sexual purpose: section 39-13-605(a)(1)(A), a photo that would offend or embarrass an ordinary person and was taken for sexual arousal or gratification, and (a)(3), a photo focused on an intimate area and taken for sexual arousal or gratification. The other routes do not:

  • Under (a)(1)(B), knowingly photographing someone who has a reasonable expectation of privacy, without consent, is a felony when the image includes their unclothed intimate area or sexual activity and the photographer knew it would, whatever the reason
  • Under (a)(2), an intimate image taken to offend, intimidate, embarrass, ridicule, or harass and then shared, or threatened to be shared, is an offense with no sexual purpose required

A store security camera that incidentally and unknowingly catches someone adjusting clothing is generally outside the statute. A camera placed where the owner knows it will capture nudity, such as a bathroom, is not, even if the owner calls it a security camera.

Where a sexual purpose is required, it can be shown from the circumstances. A hidden camera positioned to capture people undressing in a private location is strong evidence of it.

Tennessee two people seated across a small table mid-conversation, seen from behind one shoulder so no faces visible

What the Law Prohibits

Tenn. Code Ann. section 39-13-607 criminalizes the act of knowingly spying upon another person when:

  1. The person being observed is in a place where they have a reasonable expectation of privacy, and
  2. The observation is made for the purpose of sexual arousal or gratification

This statute is broader than section 39-13-605 because it covers observation itself, not just recording or photographing. Peeping through windows, drilling holes in walls, using mirrors or periscopes, and using electronic devices to observe someone all fall under this provision.

How This Differs From Unlawful Photography

The key difference between section 39-13-605 and section 39-13-607 is that:

  • Section 39-13-605 requires an act of recording (photographing, filming, or video recording)
  • Section 39-13-607 covers the act of watching or observing, whether or not any recording is made

A person who peeps through a window to watch someone undress violates section 39-13-607. If they also take photographs, they additionally violate section 39-13-605. Prosecutors can charge both offenses based on the same incident.

Penalties

Observation without consent is a Class A misdemeanor carrying:

  • Up to 11 months and 29 days in jail
  • A fine of up to $2,500
  • Potential sex offender registration requirements depending on the circumstances

If the victim is under thirteen (13) years of age, the offense is instead a Class E felony, punishable by 1 to 6 years imprisonment.

Non-Consensual Distribution of Intimate Images

Tennessee's Revenge Porn Provisions

Tennessee's unlawful exposure law, Tenn. Code Ann. section 39-17-318, addresses the non-consensual sharing of intimate images, commonly known as "revenge porn." A person commits the offense by distributing an image of another identifiable person's intimate parts when:

  • The distributor intends to cause emotional distress
  • The image was taken under circumstances where the parties agreed or understood it would remain private
  • The person depicted suffers emotional distress

Penalties for Non-Consensual Distribution

  • Unlawful exposure: Class A misdemeanor (up to 11 months 29 days, up to $2,500 fine). Section 39-17-318 has no higher penalty tiers, but it does not stop prosecutors from charging a more serious offense where one applies
  • Hidden-camera images that are shared: dissemination can raise unlawful photography under section 39-13-605 to a Class D or Class C felony
  • AI-generated intimate images: covered by the Preventing Deepfake Images Act, described below
  • Images of minors: fall under Tennessee's child sexual exploitation laws and federal law, with much more severe penalties

Relationship to Federal Law

Federal law also addresses non-consensual intimate images through various statutes. The Violence Against Women Act (VAWA) and related federal legislation provide additional protections. Victims may pursue remedies under both state and federal law.

Tennessee a clip-on lavalier microphone attached to a jacket lapel in tight close-up, shallow focus

Common Hidden Camera Locations

Hidden cameras have been discovered in Tennessee in various locations:

  • Rental properties: Airbnbs, vacation homes, and short-term rentals
  • Hotel rooms: Particularly in bathrooms and bedrooms
  • Workplaces: In restrooms, changing areas, and private offices
  • Retail stores: In fitting rooms and employee break areas
  • Public restrooms: In stalls, near sinks, and in ceiling fixtures
  • Residences: Placed by roommates, partners, or landlords

What to Do If You Find a Hidden Camera

If you discover a hidden camera in Tennessee:

  1. Do not touch or move the camera if possible, to preserve evidence
  2. Document the camera's location using your own phone to photograph or video its position
  3. Contact local law enforcement to report the discovery
  4. Notify the property owner or manager (unless they are the suspected perpetrator)
  5. Preserve any evidence of who may have placed the camera
  6. Consult an attorney about pursuing criminal charges and civil claims

Detecting Hidden Cameras

Common detection methods include:

  • Visual inspection of smoke detectors, clocks, electrical outlets, and decorative items
  • Using a flashlight to look for lens reflections
  • RF detector devices that identify wireless camera signals
  • Checking Wi-Fi networks for unfamiliar connected devices
  • Infrared detection using some smartphone cameras

Civil Remedies for Victims

Wiretapping Civil Action

Tennessee repealed the civil cause of action for wiretapping victims, formerly found at Tenn. Code Ann. section 39-13-603, effective May 28, 2024, under 2024 Tenn. Pub. Ch. 1045 (SB 2221). The statutory damages (the greater of $100 a day or $10,000), actual and punitive damages, and attorney fee recovery that statute once allowed no longer exist under Tennessee law.

Criminal liability for illegal interception under Tenn. Code Ann. section 39-13-601 remains a Class D felony under section 39-13-602. Victims of audio interception may still pursue a civil action under 18 U.S.C. section 2520, under which a court may award similar statutory damages.

Civil Action for Distributed Intimate Images

Since July 1, 2026, a person whose intimate image is distributed in violation of Tenn. Code Ann. section 39-17-318 can sue the distributor for the distributor's profits, actual damages or $150,000 in liquidated damages, punitive damages, and attorney's fees. The court can also order the image taken down and let the victim proceed under a pseudonym (Public Chapter 712 of 2026).

The law applies to causes of action arising on or after July 1, 2026. Agreeing to an image being made is not agreeing to its distribution. A similar civil action covers AI-generated intimate depictions under the Preventing Deepfake Images Act.

Invasion of Privacy Tort Claims

Tennessee recognizes common law invasion of privacy claims, including:

  • Intrusion upon seclusion: Intentional intrusion into a person's private affairs in a manner that would be highly offensive to a reasonable person
  • Public disclosure of private facts: Publishing private information that would be offensive and is not of legitimate public concern
  • False light: Placing a person before the public in a false or misleading light

Victims of hidden camera surveillance can bring one or more of these tort claims in addition to statutory claims.

Restraining Orders and Injunctions

Since 2025, victims of unlawful photography and observation without consent can petition for an order of protection under Tennessee's order-of-protection law (Public Chapter 62 of 2025, the Voyeurism Victims Act). Tennessee courts can also issue:

  • Temporary restraining orders prohibiting further recording
  • Permanent injunctions requiring removal of hidden cameras
  • Orders requiring the destruction of illegally obtained recordings
  • Orders prohibiting the distribution of intimate images

Tennessee ELVIS Act and AI-Generated Intimate Content

Tennessee wooden gavel on a sound block on a judge's bench

The Ensuring Likeness Voice and Image Security (ELVIS) Act (T.C.A. § 47-25-1101 et seq.), Public Chapter 588 of 2024, effective July 1, 2024, made Tennessee the first state in the nation to extend right-of-publicity protection to a person's voice against unauthorized AI imitation. The Act creates civil liability for using a person's name, photograph, voice, or likeness in advertising without consent, for knowingly publishing an unauthorized use of a person's voice or likeness, and for distributing a tool whose primary purpose is producing a particular person's voice or likeness. AI-generated intimate depictions of a real person are addressed more directly by the Preventing Deepfake Images Act, described below.

2025 Preventing Deepfake Images Act

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

  • Base offense: Class E felony (1 to 6 years imprisonment)
  • Aggravated offense (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 expressly covers deepfake intimate images, closing the gap that existed when the victim was not actually photographed but was depicted using AI tools.

Federal TAKE IT DOWN Act

The TAKE IT DOWN Act, signed into law May 19, 2025 (Pub. L. 119-12), created a federal requirement for online platforms to remove nonconsensual intimate visual depictions, including AI-generated deepfakes, within 48 hours of a victim's notice. Platforms had until May 19, 2026 to put a removal process in place, so this requirement is now in effect. This federal remedy supplements Tennessee's state-law remedies and applies to any online distribution of intimate images regardless of how they were created.

Sex Offender Registration

When Registration Is Required

For unlawful photography under section 39-13-605(a)(1) or (a)(3) committed on or after July 1, 2025, the trial judge must order the person to register under Tennessee's sex offender registration law (Public Chapter 474 of 2025). Before that date, registration for the misdemeanor tier was up to the judge.

For other voyeurism-related convictions, such as observation without consent or the dissemination offense under section 39-13-605(a)(2), whether registration applies depends on the offense of conviction and the victim's age, so check the specific charge.

Registration requirements carry significant long-term consequences, including public listing on the Tennessee Sex Offender Registry maintained by the Tennessee Bureau of Investigation.

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Frequently Asked Questions

Is voyeurism a crime in Tennessee?

Yes. Tennessee criminalizes voyeurism through multiple statutes. Unlawful photography (Tenn. Code Ann. section 39-13-605) and observation without consent (section 39-13-607) both target voyeuristic conduct. As of July 1, 2025, unlawful photography is a Class E, D, or C felony depending on dissemination, whether the victim is under 13, and whether the offender used a position of trust or authority, with a narrower misdemeanor tier for a dissemination-only pathway.

What are the penalties for hidden cameras in Tennessee?

Installing a hidden camera to record someone for sexual purposes is a Class E felony under section 39-13-605, carrying 1 to 6 years imprisonment as of July 1, 2025. It becomes a Class D felony if the images are shared or the victim is under 13, 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.

Is revenge porn illegal in Tennessee?

Yes. Tennessee law prohibits the non-consensual distribution of intimate images. Under Tenn. Code Ann. section 39-17-318, distributing a private intimate image of an identifiable person with intent to cause emotional distress is a Class A misdemeanor, and images of minors fall under far more serious laws. Since July 1, 2026, the person depicted can also sue for actual damages or $150,000 in liquidated damages, plus punitive damages and attorney's fees.

What should I do if I find a hidden camera?

Do not touch the camera. Document its location with your own phone, then contact local law enforcement to file a report. Notify the property owner unless they are the suspected perpetrator. Consult an attorney about pursuing criminal charges and civil claims for damages.

Can I sue someone for installing a hidden camera in Tennessee?

Yes, through common law tort claims for invasion of privacy and, if the images are distributed, through the civil action added to Tenn. Code Ann. section 39-17-318 in 2026. Tennessee repealed the wiretapping civil action under Tenn. Code Ann. section 39-13-603 effective May 28, 2024 (2024 Tenn. Pub. Ch. 1045), so that statute no longer provides a state-law claim. Victims of illegal audio interception may still pursue a federal civil action under 18 U.S.C. section 2520.

Updates

We stated the Class C unlawful photography tier precisely (the offender must have used a position of trust or authority to commit the offense) and tightened the description of Tennessee's repealed civil wiretap remedy and the federal remedy that remains.

We corrected which unlawful-photography routes require a sexual purpose, the under-13 and position-of-trust felony triggers, and the now-mandatory sex-offender registration, rewrote the revenge-porn section to match Tennessee's unlawful exposure statute, and added the 2026 civil action for distributed intimate images.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the TAKE IT DOWN Act's signing date (May 19, 2025, not 2026, and its platform compliance requirement is already in effect); rebuilt the unlawful-photography penalty table under Tenn. Code Ann. section 39-13-605 to reflect 2025's Public Chapter 474, which added a new Class D felony trigger for using a minor under 13 to facilitate the offense and made Class C a disjunctive victim-under-13-or-position-of-trust trigger rather than requiring dissemination; corrected the Preventing Deepfake Images Act's Class C felony trigger to the actual statutory standard (affecting a government proceeding or election, or facilitating violence, not harassment or commercial gain); added the Class E felony tier under section 39-13-607 for victims under 13; and fixed three mislinked citations to section 39-13-607.

Independently fact-checked against the cited primary sources

Governing law re-checked for recent changes

Updated the description of Tennessee's unlawful photography law (Tenn. Code Ann. 39-13-605) to reflect Public Chapter 474 (effective July 1, 2025), which restructured the offense into three pathways and raised the base penalty from a Class A misdemeanor to a Class E felony.

Governing law re-checked for recent changes

Corrected this page to reflect that Tennessee repealed the state civil action for wiretapping/hidden-camera interception victims (Tenn. Code Ann. section 39-13-603) effective May 28, 2024; victims may still pursue common law tort claims and a federal civil action under 18 U.S.C. section 2520.

Reviewed and approved by an editor

Sources and References

  1. Tenn. Code Ann. section 39-13-605 - Unlawful Photography(law.justia.com)
  2. Tenn. Code Ann. section 39-13-607 - Observation Without Consent(law.justia.com)
  3. Tenn. Code Ann. section 39-13-601 - Wiretapping and Electronic Surveillance(law.justia.com)
  4. 2024 Tenn. Pub. Ch. 1045 (SB 2221), § 3 — repealed Tenn. Code Ann. § 39-13-603 (civil action for interception) effective May 28, 2024(publications.tnsosfiles.com).gov
  5. Tennessee Sex Offender Registry - TBI(tn.gov).gov
  6. 2025 Tenn. Pub. Ch. 474 (HB 99) - amends Tenn. Code Ann. section 39-13-605 (offense routes, felony grading, mandatory sex-offender registration), effective July 1, 2025(publications.tnsosfiles.com)
  7. 2026 Tenn. Pub. Ch. 712 (SB 2041) - civil action for unlawful exposure under Tenn. Code Ann. section 39-17-318(e), effective July 1, 2026(publications.tnsosfiles.com)
  8. Tennessee Rules of Evidence(tncourts.gov).gov
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