Utah
Utah Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 10 primary sources cited on this page. How we verify our legal content
Utah permits surveillance cameras in publicly visible areas such as driveways and porches but prohibits recording wherever a person has a reasonable expectation of privacy. Utah Code 76-12-302, the state privacy violation statute, makes unauthorized recording in a private place a class B misdemeanor.
Overview of Utah Surveillance Camera Laws
Utah does not have a single comprehensive surveillance camera statute. Instead, multiple laws work together to regulate where and how cameras and recording devices can be used. The key statutes include Utah Code 76-12-302 (privacy violation), Utah Code 76-12-306 to 76-12-308 (voyeurism offenses), and the Utah Interception of Communications Act (Title 77, Chapter 23a).
The central concept across all of these laws is the "reasonable expectation of privacy." Under Utah Code 76-12-301, a "private place" is defined as a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance. Surveillance cameras are generally legal in Utah when placed in areas visible to the public, such as front porches, driveways, and business lobbies. Recording becomes illegal when cameras are placed to capture images, video, or audio in spaces where people have a reasonable expectation of privacy without their consent.
Understanding these laws matters whether you are a homeowner installing security cameras, an employer setting up workplace monitoring, or a resident dealing with a neighbor's camera pointed at your property.
Home Security Camera Laws in Utah
Utah law allows homeowners to install security cameras on their own property for legitimate purposes such as preventing crime, monitoring deliveries, and watching over their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installation.
Where You Can Place Home Security Cameras
You can legally place cameras in the following areas of your property:
- Front doors and porch areas for monitoring visitors and packages
- Driveways and garages to record vehicle activity
- Backyards to monitor your own property
- Common interior areas like living rooms, kitchens, and hallways
- Exterior walls aimed at your own property boundaries
Where You Cannot Place Home Security Cameras
Under Utah Code 76-12-302, cameras become illegal when positioned to record areas where people have a reasonable expectation of privacy:
- Bathrooms where guests, family members, or residents expect privacy
- Guest bedrooms where visitors are staying
- Pointed directly into a neighbor's windows or interior living spaces
- Any area where someone is undressing or engaged in private activities
Installing or using a device to observe, photograph, record, or broadcast events in a private place without the consent of the people entitled to privacy in that space is a class B misdemeanor under Utah Code 76-12-302.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras such as Ring, Nest, and Arlo are legal in Utah. These devices typically record your own porch and the public sidewalk or street in front of your home. Since those areas are in public view, there is no reasonable expectation of privacy, and recording is allowed.
If a doorbell camera captures a wide angle that includes a neighbor's interior through their windows, this could raise privacy concerns under Utah law. Position smart cameras to focus primarily on your own property and public-facing areas.
Audio Recording on Home Security Cameras
Many modern security cameras include microphone capabilities. Audio recording is governed separately from video recording in Utah under the Interception of Communications Act (Utah Code 77-23a-4). Utah follows a one-party consent rule for audio recording. This means you can record a conversation as long as you are a party to the conversation, or at least one party to the conversation has given prior consent.
For outdoor security cameras that pick up ambient sounds and conversations of passersby, the legal situation is less clear. The safest approach is to either disable audio recording on exterior cameras or post visible signage indicating that audio and video recording is in progress. Anyone who continues a conversation within range of the camera after seeing the notice has arguably provided implied consent.
Workplace Surveillance Camera Laws in Utah
Utah does not have a specific statute governing workplace video surveillance by private employers. Employers generally follow federal law, common-law privacy principles, and the general privacy protections found in Utah Code 76-12-302.
What Employers Can Do
Employers may install video surveillance cameras in the following workplace areas:
- Lobbies, hallways, and reception areas for security purposes
- Parking lots to protect employees and company property
- Warehouses and production floors to monitor operations
- Cash register areas to prevent theft
- Loading docks and entry points for general security
Employers are expected to notify employees that cameras are on site. Best practice is to provide written notice, include surveillance information in employee handbooks, and post signage where cameras are active.
What Employers Cannot Do
Even without a workplace-specific surveillance statute, employers face restrictions based on privacy law:
- Restrooms and changing areas are always off-limits for cameras
- Locker rooms and similar private spaces are protected
- Break rooms may raise privacy concerns depending on the circumstances
- Union meeting areas are protected under the National Labor Relations Act
- Private offices where employees have a reasonable expectation of privacy may require notice before cameras are installed
A federal district court in Utah has previously held that an employee had a legitimate intrusion claim against an employer who secretly placed a recording device above an employee's workspace, finding the intrusion would be highly offensive to a reasonable person.
Audio Surveillance at Work
Employers who use cameras with audio recording capabilities must comply with the Interception of Communications Act (Utah Code 77-23a-4). Since Utah is a one-party consent state, an employer cannot record private conversations between employees unless at least one party to the conversation has consented. The federal Electronic Communications Privacy Act (ECPA) also prohibits employers from monitoring personal phone calls on worksites.
The safest approach for employers is to provide written notice to all employees that both audio and video surveillance is in use, and to obtain signed acknowledgments.
Hidden Cameras and Voyeurism Laws in Utah
Utah takes hidden camera crimes seriously. The state has specific statutes addressing both privacy violations and voyeurism.
Utah Code 76-12-302: Unlawful Privacy Violation
The 2025 recodification under 2025 Utah Laws Chapter 173 moved this section from the former Utah Code 76-9-402, effective May 7, 2025. Under Utah Code 76-12-302, a person commits unlawful privacy violation if, except as authorized by law, the person:
- (a) Trespasses on property with the intent to subject anyone to eavesdropping or other surveillance in a private place
- (b) Installs, or uses after unauthorized installation in a private place, without the consent of the person or persons entitled to privacy there, a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in that place
- (c) Installs or uses outside of a private place a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in the private place that would not ordinarily be audible, visible, or comprehensible outside, without the consent of the person or persons entitled to privacy there
A violation of this section is a class B misdemeanor, punishable by up to 6 months in jail and a fine of up to $1,000.
The statute also prohibits using ground-penetrating technology, without the property owner's consent, to detect, observe, measure, or map characteristics of another person's property.
Utah Code 76-12-306 to 76-12-308: Voyeurism Offenses
Effective May 7, 2025, Utah recodified its voyeurism offenses under 2025 Utah Laws Chapter 173. The former Utah Code 76-9-702.7 was repealed and split into three sections: Utah Code 76-12-306 (viewing without recording), Utah Code 76-12-307 (recorded or photographed voyeurism), and Utah Code 76-12-308 (distribution of voyeuristic images).
A person is guilty of recorded or photographed voyeurism under 76-12-307 if the person intentionally uses any type of technology to secretly or surreptitiously record, by video, photograph, or other means, an individual:
- For the purpose of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing
- Without the knowledge or consent of the individual
- Under circumstances in which the individual has a reasonable expectation of privacy
Penalties for Voyeurism
| Offense | Classification | Maximum Jail/Prison | Maximum Fine |
|---|---|---|---|
| Recording voyeurism (76-12-307) | Class A Misdemeanor | Up to 364 days | $2,500 |
| Recording voyeurism, aggravated (victim under 14, wrong-sex privacy space, or concurrent trespass/lewdness/loitering offense) (76-12-307) | Third Degree Felony | Up to 5 years | $5,000 |
| Distribution of voyeuristic images (76-12-308) | Third Degree Felony | Up to 5 years | $5,000 |
| Distribution of voyeuristic images of child under 14 (76-12-308) | Second Degree Felony | 1 to 15 years | $10,000 |
| Viewing without recording (76-12-306) | Class B Misdemeanor | Up to 6 months | $1,000 |
| Viewing without recording, aggravated (same triggers as above) (76-12-306) | Class A Misdemeanor | Up to 364 days | $2,500 |
Audio Recording Laws in Utah (One-Party Consent)
Utah is a one-party consent state for audio recording. The Interception of Communications Act (Utah Code Title 77, Chapter 23a) governs the interception and recording of communications.
What the Law Says
Under Utah Code 77-23a-4, it is unlawful to intentionally or knowingly intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, electronic, or oral communication using any electronic, mechanical, or other device.
However, a person may legally intercept a wire, electronic, or oral communication if:
- The person is a party to the communication, or
- One of the parties to the communication has given prior consent to the interception
This applies equally to persons acting under color of law and private citizens. The interception must not be for the purpose of committing any criminal or tortious act.
What One-Party Consent Means in Practice
If you are part of a conversation, whether in person, on the phone, or through any electronic means, you can legally record it without telling the other participants. You do not need to inform the other person or people that the recording is taking place.
You cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. That is illegal wiretapping under Utah law.
Criminal Penalties for Illegal Interception
A violation of the interception prohibition under Utah Code 77-23a-4 is a third degree felony, punishable by up to 5 years in prison and a fine of up to $5,000. However, when the violation is a first offense and was not made with a tortious or illegal purpose or for commercial gain, and the recorded communication is the radio portion of a cellular phone call, the violation is reduced to a misdemeanor.
Civil Remedies for Illegal Recording
Under Utah Code 77-23a-11, any person whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of the law may bring a civil lawsuit. Available remedies include:
- Preliminary and equitable relief (including injunctions)
- Actual damages, or statutory damages of $100 per day for each day of the violation, or $10,000, whichever is greater
- Punitive damages in appropriate cases
- Reasonable attorney fees and court costs
The statute of limitations for civil claims is two years from the date the claimant first has a reasonable opportunity to discover the violation.
Neighbor Disputes Over Security Cameras
Disagreements between neighbors about security cameras are a growing issue in Utah. State law provides some guidance on when a neighbor's camera crosses the line from legitimate security into a privacy violation.
When a Neighbor's Camera Is Legal
A neighbor's security camera is generally legal if it:
- Is pointed at the neighbor's own property
- Captures public areas like sidewalks and streets in its field of view
- Records only video (without audio) of areas visible to the public
- Does not deliberately peer into your windows or enclosed private spaces
The easier it is for the general public to see into a given space, the less the expectation of privacy. A camera aimed from a neighbor's house toward your front yard, which is already visible from the street, would likely not be considered an invasion of privacy.
When a Neighbor's Camera May Be Illegal
A neighbor's camera may violate Utah law if it:
- Is deliberately aimed to look inside your home through windows
- Records a fully fenced backyard from an elevated position, capturing areas hidden from public view
- Records audio of your private conversations without your consent
- Is a hidden camera placed on your property without your knowledge
These situations could trigger liability under Utah Code 76-12-302 (privacy violation) or even Utah Code 76-12-307 (voyeurism) depending on the intent and circumstances.
Steps to Resolve a Camera Dispute
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Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.
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Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.
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Send a written request. Ask your neighbor in writing to adjust the camera angle or position. Keep a copy for your records.
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Contact local law enforcement. If you believe a neighbor is using a camera for voyeurism or to record your private activities, file a police report.
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Pursue civil remedies. Utah allows civil actions for invasion of privacy. You may be able to obtain an injunction requiring the neighbor to redirect the camera.
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Seek a civil stalking injunction. Under Utah law, if a neighbor's surveillance behavior forms a pattern of unwanted and alarming conduct, you may be able to file for a civil stalking injunction.
Physical Solutions
You can take steps to block a neighbor's camera from viewing your property:
- Install privacy fencing along your property line
- Plant tall hedges or trees to create natural barriers
- Use window film or curtains to block interior views
- Position outdoor structures such as pergolas or shade sails to block camera angles
Nanny Cam Laws in Utah
Nanny cameras, or hidden cameras used to monitor caregivers in your home, are legal in Utah but subject to specific rules.
Where You Can Place a Nanny Cam
Video-only nanny cams are legal in common areas of your home where there is no reasonable expectation of privacy:
- Living rooms and family rooms where childcare takes place
- Kitchens and dining areas
- Playrooms and nurseries (common areas)
- Hallways and entryways
Where You Cannot Place a Nanny Cam
Under Utah Code 76-12-302, cameras cannot be placed in areas where the caregiver has a reasonable expectation of privacy:
- Bathrooms used by the caregiver
- Bedrooms designated for the caregiver's private use (especially for live-in nannies)
- Any room where the caregiver changes clothes or engages in private activities
Audio on Nanny Cams
If your nanny cam records audio, the one-party consent rule under Utah Code 77-23a-4 applies. Because you are not present during the conversations being recorded, and neither party to those conversations has consented, recording audio without the caregiver's knowledge could violate the wiretapping statute. The violation is a third degree felony.
The safest approach is to either disable audio recording on your nanny cam or inform the caregiver in writing that both audio and video recording takes place in the home.
Should You Tell Your Nanny About the Camera?
While Utah does not have a specific statute requiring homeowners to disclose video-only nanny cams, informing the caregiver is strongly recommended for both legal and practical reasons. Disclosing the camera removes any question about consent. It also serves as a deterrent, which is often the primary goal of installing a nanny cam.
If you choose to keep the camera hidden, make sure it is video-only (no audio) and placed only in common areas of the home.
Condominium and HOA Camera Rules
Utah has a specific statute addressing security cameras in condominium communities. Under Utah Code 57-8-8.1, an HOA rule may not prohibit a unit owner from installing a security camera immediately adjacent to the entryway, window, or other outside entry point of the owner's unit.
However, a rule may prohibit a unit owner from installing a security camera in a common area that is not physically connected to the owner's unit.
This law applies only to rules adopted by the HOA board. It does not override recorded covenants, conditions, and restrictions (CC&Rs) that may prohibit drilling into or attaching items to exterior common area walls.
Before installing cameras in a condo or HOA community, review your governing documents and contact your HOA board for guidance.
Drone Surveillance Laws in Utah
Utah has addressed drone surveillance through its unmanned aircraft provisions and existing privacy statutes.
Privacy and Drones
Law enforcement in Utah must obtain a warrant before using drones in areas where an individual has a reasonable expectation of privacy. This requirement was established by Senate Bill 196 (2014), which restricts government drone surveillance.
Private drone operators face restrictions as well. Under Utah Code 72-14-403, a person may not operate a drone over private property that is not open to the public unless the person is otherwise authorized to fly the drone over that property.
Voyeurism by Drone
Using a drone to secretly record a person in circumstances where that person has a reasonable expectation of privacy can be prosecuted under Utah Code 76-12-307 (voyeurism) and Utah Code 76-12-302 (privacy violation). The use of "any type of technology" in the voyeurism statute is broad enough to include cameras mounted on drones.
Ground-Penetrating Technology
Utah Code 76-12-302 also prohibits using ground-penetrating technology on another person's property without consent. A property owner has a reasonable expectation of privacy regarding data or information about their property that requires ground-penetrating technology to detect, observe, measure, or map. A court may order the destruction of any data collected in violation of this provision.
However, a person is not guilty of a violation if operating an unmanned aircraft for legitimate commercial or educational purposes consistent with Federal Aviation Administration rules, and any conduct that violates the statute is solely incidental to the lawful use.
Penalties Summary for Surveillance Violations in Utah
| Violation | Statute | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|---|
| Privacy violation (surveillance in private place) | 76-12-302 | Class B Misdemeanor | Up to 6 months | $1,000 |
| Voyeurism by recording | 76-12-307 | Class A Misdemeanor | Up to 364 days | $2,500 |
| Voyeurism recording, aggravated (victim under 14, wrong-sex privacy space, or concurrent offense) | 76-12-307 | Third Degree Felony | Up to 5 years | $5,000 |
| Distribution of voyeuristic images | 76-12-308 | Third Degree Felony | Up to 5 years | $5,000 |
| Distribution of voyeuristic images of child under 14 | 76-12-308 | Second Degree Felony | 1 to 15 years | $10,000 |
| Voyeurism by viewing (no recording) | 76-12-306 | Class B Misdemeanor | Up to 6 months | $1,000 |
| Voyeurism viewing, aggravated (same triggers as above) | 76-12-306 | Class A Misdemeanor | Up to 364 days | $2,500 |
| Illegal wiretapping/interception | 77-23a-4 | Third Degree Felony | Up to 5 years | $5,000 |
| Drone over private property | 72-14-403 | Varies | Varies | Varies |
Related Utah Camera and Privacy Laws
- Utah Recording Laws covers the consent rule that governs camera audio in Utah.
- Utah Security Camera Recording Rules explains the recording-law side of camera use.
- Utah Biometric Privacy Laws addresses facial recognition and biometric data.
- Utah Ring Doorbell Laws covers video doorbell rules in Utah.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
- HOA Security Camera Rules
- Neighbor Security Camera Laws
- Nanny Cam Laws
- Workplace Surveillance Camera Laws
- Landlord Security Camera Laws
More Utah Laws
Frequently Asked Questions
Are home security cameras legal in Utah?
Yes. Utah homeowners can legally install security cameras on their own property. Cameras may record outdoor areas such as driveways, porches, and yards, as well as common indoor areas like living rooms and kitchens. Cameras cannot be placed in areas where others have a reasonable expectation of privacy, such as bathrooms, guest bedrooms, or aimed directly into a neighbor's home. Under Utah Code 76-12-302, installing a surveillance device in a private place without consent is a class B misdemeanor.
Can my neighbor legally point a security camera at my house in Utah?
It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas like sidewalks or streets, even if part of your home appears in the background. However, if the camera is deliberately aimed to look inside your windows or into a fully fenced backyard where you have a reasonable expectation of privacy, it could violate Utah Code 76-12-302. You can ask the neighbor to adjust the camera angle, file a police report, or consult an attorney about civil remedies including an invasion of privacy claim.
Is it legal to use a nanny cam in Utah?
Yes, you can use a video-only nanny cam in common areas of your home such as living rooms, kitchens, and playrooms. Cameras cannot be placed in bathrooms or private bedrooms used by the caregiver. If the nanny cam records audio, you must comply with the one-party consent rule under Utah Code 77-23a-4. Since you are not present during the recorded conversations, recording audio without the caregiver's knowledge could be a third degree felony. The safest approach is to inform the caregiver about all recording.
Can my employer record me at work with security cameras in Utah?
Utah does not have a specific law addressing workplace video surveillance by private employers. Employers may generally install video cameras in common work areas such as lobbies, hallways, production floors, and parking lots. Cameras are prohibited in restrooms, locker rooms, changing areas, and other spaces where employees have a reasonable expectation of privacy. Employers should provide notice to employees that surveillance is in use. If cameras record audio, the one-party consent rule under Utah Code 77-23a-4 applies.
What are the penalties for illegal surveillance in Utah?
Penalties depend on the specific violation. A privacy violation under Utah Code 76-12-302 is a class B misdemeanor, punishable by up to 6 months in jail and a $1,000 fine. Voyeurism by recording under Utah Code 76-12-307 is a class A misdemeanor, carrying up to 364 days in jail and a $2,500 fine, rising to a third degree felony for aggravating circumstances such as a victim under 14. Distribution of voyeuristic recordings under Utah Code 76-12-308 is a third degree felony with up to 5 years in prison and a $5,000 fine. Illegal wiretapping under Utah Code 77-23a-4 is also a third degree felony with the same penalties. Victims may also pursue civil lawsuits for damages of $10,000 or more.
Updates
Updated Utah's privacy violation citation from the superseded Utah Code 76-9-402 to the current 76-12-302, and the "private place" definition from 76-9-401 to 76-12-301, following the 2025 recodification (2025 Utah Laws Chapter 173, effective May 7, 2025), and repointed all links to the current sections.
Replaced every reference to Utah's repealed voyeurism statute (76-9-702.7) with the current sections that took effect May 7, 2025 (76-12-306 viewing, 76-12-307 recording, 76-12-308 distribution), including corrected penalty tables and FAQ answers.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Utah Code, Title 76: Criminal Offenses
§ 76-12-302Unlawful privacy violation.In forcecited in 4 of our articles
(1) (a) For purposes of this section, "expectation of privacy" means a property owner's expectation of privacy described in Subsection (6). (b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section. (2) An actor commits unlawful privacy violation if, except as authorized by law, the actor: (a) trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place; (b) installs, or uses after unauthorized installation in a private place, without the consent of the person or persons entitled to privacy in the private place, a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in the private place; (c) installs or uses outside of a private place a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in the private place that would not ordinarily be audible, visible, or comprehensible outside the private place, without the consent of the person or persons entitled to privacy in the private place; or (d) uses ground-penetrating technology, without the consent of the property owner, to detect,…
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at le.utah.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Watkins (Court of Appeals for the Tenth Circuit 2026)“…x. Penal Code Ann. § 21.17;2 Tex. Penal Code Ann. § 42.01;2 Utah Code Ann. § 76-12-302;3 Utah Code Ann. § 76-12-306;2 Vt. Stat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Recording Laws (2026): One-Party Consent Rules, Utah Drone Laws (2026): Police Warrants, Prisons & Privacy, Utah Ring Doorbell Laws: What You Need to Know in 2026
§ 76-12-307Recorded or photographed voyeurism.In forcecited in 14 of our articles
(1) (a) As used in this section, "sex-designated privacy space" means the same as that term is defined in Section 76-12-309. (b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section. (2) An actor commits recorded or photographed voyeurism if the actor intentionally uses any type of technology to secretly or surreptitiously record, by video, photograph, or other means, an individual: (a) for the purpose of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing; (b) without the knowledge or consent of the individual; and (c) under circumstances in which the individual has a reasonable expectation of privacy. (3) (a) Except as provided in Subsection(3)(b), a violation of Subsection (2) is a class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Also relied on in: Utah Smart Glasses Recording Laws (2026), Utah Landlord-Tenant Recording Laws, Utah Medical Recording Laws
§ 76-12-306Voyeurism.In forcecited in 4 of our articles
(1) (a) As used in this section, "sex-designated privacy space" means the same as that term is defined in Section 76-12-309. (b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section. (2) An actor commits voyeurism if: (a) the actor views, or attempts to view, an individual, with or without the use of an instrumentality: (i) with the intent of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing; (ii) without the knowledge or consent of the individual; and (iii) under circumstances in which the individual has a reasonable expectation of privacy; and (b) the actor's conduct described in Subsection (2)(a) does not amount to a violation of Section 76-12-307, Recorded or photographed voyeurism. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Watkins (Court of Appeals for the Tenth Circuit 2026)“…Tex. Penal Code Ann. § 42.01;2 Utah Code Ann. § 76-12-302;3 Utah Code Ann. § 76-12-306;2 Vt. Stat. Ann. tit. 13, § 2605;3 Va.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Voyeurism Laws, Utah Employee Monitoring Laws: Workplace Surveillance and Social Media (2026)
§ 76-12-308Distribution of images obtained through voyeurism.In forcecited in 5 of our articles
(1) (a) As used in this section, "image" includes print, electronic, magnetic, or digital format. (b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section. (2) An actor commits distribution of images obtained through voyeurism if the actor distributes or sells an image obtained by conduct in violation of Section 76-12-307, Recorded or photographed voyeurism, by transmission, display, or dissemination. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony. (b) A violation of Subsection (2) is a second degree felony if the image is of a child under 14 years old.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Also relied on in: Utah Video Recording Laws
§ 76-12-301Definitions.In forcecited in 2 of our articles
For purposes of this part: (1) "Eavesdrop" means to overhear, record, amplify, or transmit any part of a wire or oral communication of another without the consent of at least one party thereto by means of an electronic, mechanical, or other device. (2) "Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance. (3) "Public" includes any professional or social group of which the victim of a defamation is a member.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Utah Code, Title 77: Criminal Procedure
§ 77-23a-4Offenses -- Criminal and civil -- Lawful interception.In forcecited in 19 of our articles
(1) (a) Except as otherwise specifically provided in this chapter, any person who violates Subsection (1)(b) is guilty of an offense and is subject to punishment under Subsection (10), or when applicable, the person is subject to civil action under Subsection (11). (b) A person commits a violation of this subsection who: (i) intentionally or knowingly intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic, or oral communication; (ii) intentionally or knowingly uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication, when the device is affixed to, or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication or when the device transmits communications by radio, or interferes with the transmission of the communication; (iii) intentionally or knowingly discloses or endeavors to disclose to any other person the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire,…
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at le.utah.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Wood (2023) held a jail's recording of inmate calls fell within the consent exception in section 77-23a-4(7)(a) because the inmate impliedly consented by using phones he was told were monitored. The Quarasan Group, Inc. v. Nozani, LLC (2020) dismissed an eavesdropping claim once Utah law governed and did not bar the recording.
Opinions citing this section in our collection:
- State v. Wood (Utah Supreme Court 2023, 532 P.3d 997)✓A jail recorded an inmate's calls to his wife after warning him by handbook, placard and a message before each call; the Utah Supreme Court held he impliedly consented, so the interception fell within section 77-23a-4(7)(a) and suppression was denied.
- State v. Draughon (Court of Appeals of Utah 2026, 2026 UT App 52)“…rties to the call—consented to the call being recorded. See Utah Code §§ 77-23a-4(7)(b), -7. He claims Counsel should hav…”
- United States v. Maynard (Court of Appeals for the D.C. Circuit 2010, 615 F.3d 544)“…ined by the police acting pursuant to a warrant. See, e.g., Utah Code Ann. §§ 77-23a-4, 77-23a-7, 77-23a-15.5; Minn Stat §§ 62…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Audio Recording Laws, Utah Dashcam Laws, Utah Phone Call Recording Laws
§ 77-23a-11Civil remedy for unlawful interception -- Action for relief.In forcecited in 8 of our articles
(1) Except under Subsections 77-23a-4(3), (4), and (5), a person whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover relief as appropriate from the person or entity that engaged in the violation. (2) In an action under this section appropriate relief includes: (a) preliminary and other equitable or declaratory relief as is appropriate; (b) damages under Subsection (3) and punitive damages in appropriate cases; and (c) a reasonable attorney's fee and reasonably incurred litigation costs.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Also relied on in: Utah Workplace Recording Laws, Utah AI Meeting Recording Laws (2026)
Utah Code, Title 57: Real Estate
§ 57-8-8.1Equal treatment by rules required -- Limits on rules.In forcecited in 3 of our articles
(1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit owners similarly. (b) A rule may: (i) vary according to the level and type of service that the association of unit owners provides to unit owners; (ii) differ between residential and nonresidential uses; or (iii) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest. (2) (a) Except as provided in Subsection (2)(b), if a unit owner owns a rental unit and is in compliance with the association of unit owners' governing documents and any rule that the association of unit owners adopts under Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a rental unit.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Also relied on in: HOA Security Camera Rules: Can They Make You Remove It?
Explore the law
This article also draws on these acts and chapters (opening at their first section): Utah Code, Title 76: Criminal Offenses § 76-9-101 (Riot.)
Related law for further reading — not part of this article’s citations.
Sources and References
- Utah Code 76-9-402 - Privacy Violation(le.utah.gov).gov
- Utah Code 76-12-306 to 76-12-308 - Voyeurism Offenses and Penalties (recodified eff. 5/7/2025)(le.utah.gov).gov
- Utah Interception of Communications Act (Title 77, Chapter 23a)(le.utah.gov).gov
- Utah Code 77-23a-4 - Offenses, Criminal and Civil, Lawful Interception(le.utah.gov).gov
- Utah Code 57-8-8.1 - Condominium Security Camera Provisions(le.utah.gov).gov
- Utah Code 72-14-403 - Drone Operation Over Private Property(le.utah.gov).gov
- Utah Criminal Penalties - Utah Courts(utcourts.gov).gov
- Utah Recording Laws - Reporters Committee for Freedom of the Press(rcfp.org)
- National Labor Relations Act - NLRB(nlrb.gov).gov
- Electronic Communications Privacy Act - DOJ(justice.gov).gov
- Utah Code 76-9-401 - Definitions (Private Place)(le.utah.gov).gov
- 2024 Utah Code Title 76 Chapter 9 Part 4 Section 402 - Justia(law.justia.com)
- Utah Code 76-12-302 - Unlawful Privacy Violation (renumbered from 76-9-402, eff. 5/7/2025)(le.utah.gov)
- Utah Code 76-12-301 - Definitions (Private Place)(le.utah.gov)