Voyeurism Laws by State (2026)
How each state handles voyeurism (peeping tom), from each state's code and official agencies.
| State | Voyeurism (peeping tom) |
|---|---|
| Alabama | In Alabama, knowingly photographing or filming another person's intimate areas (through, under or around clothing) without their knowledge and consent where they expect privacy is voyeurism in the second degree, a Class A misdemeanor; doing it to arouse or gratify sexual desire is voyeurism in the first degree, a Class C felony. If the defendant was 18 or younger, first degree is a Class A misdemeanor and second degree a Class B misdemeanor. Watching someone for sexual gratification where they expect privacy, without consent, is aggravated criminal surveillance, a Class C felony, and surveillance while trespassing in a private place is criminal surveillance, a Class B misdemeanor. The time limit to prosecute voyeurism starts when the photo or film is discovered. Voyeurism in the first degree is on Alabama's list of sex offenses that require sex offender registration. Ala. Code 1975 §§ 13A-11-41, 13A-11-42, 13A-11-32, 13A-11-32.1; 15-20A-5(33) |
| Alaska | Alaska's voyeurism crime is 'indecent viewing or production of a picture': knowingly viewing, or producing a picture of, the private exposure of another person's genitals, anus or female breast, where the person reasonably believed they would not be viewed or recorded; each viewing or picture is a separate violation. Viewing an adult is a class A misdemeanor (up to 1 year); producing a picture of an adult or viewing a minor is a class C felony (up to 5 years); producing a picture of a minor is a class B felony (up to 10 years). The felony grades (class B and C) are sex offenses that require sex offender registration. AS 11.61.123; AS 12.63.100(7)(C)(xv) |
| Arizona | In Arizona, knowingly invading another person's privacy without their knowledge for sexual stimulation (for example photographing or recording someone undressed, in sexual activity or using the toilet where they reasonably expect not to be viewed or recorded) is voyeurism, a class 5 felony. Disclosing, displaying, distributing or publishing such an image without consent is also a class 5 felony, and a class 4 felony if the person shown is recognizable. A.R.S. § 13-1424(A)-(C), (E) |
| Arkansas | In Arkansas, secretly using a camera to record or view a person in a private area where they expect privacy, without consent, is video voyeurism: a Class D felony for a first or second offense and a Class C felony for a third offense or if the victim is under 14. Covertly using concealed equipment, including drones, to record or view a person's body without consent is a Class B misdemeanor, or a Class A misdemeanor if the images are shared or posted online or the person has a prior voyeurism conviction. Watching someone in a private place for sexual gratification without consent is voyeurism, a Class A misdemeanor, a Class D felony if the victim is under 17 and the offender holds a position of trust or the offender has a prior conviction, and a Class C felony if the victim is under 14. Ark. Code §§ 5-16-101(a)-(c), 5-16-102 |
| California | California's peeping and voyeurism crimes are forms of disorderly conduct under Penal Code 647(j): looking into a bedroom, bathroom, changing room, tanning booth or other place where people expect privacy, with any device (including a camera, phone or drone), intending to invade the occupant's privacy; secretly recording under or through someone's clothing for sexual purposes; secretly recording a person who may be undressed in such a private place; and distributing intimate images of an identifiable person without consent in listed circumstances ('revenge porn'). A first violation is a misdemeanor (up to 6 months in county jail and/or a $1,000 fine). A second or later violation, or a violation against a minor, is punishable by up to one year in county jail and/or a $2,000 fine; a repeat secret recording of an undressed minor can be a felony served under Penal Code 1170(h). Cal. Penal Code 647(j)(1)-(4), 647(k)(1)-(3); Penal Code 19 |
| Colorado | In Colorado, knowingly observing or photographing (including video or live feed) another person's intimate parts without consent, where that person has a reasonable expectation of privacy, is criminal invasion of privacy, a class 2 misdemeanor (up to 120 days and $750). C.R.S. § 18-7-801 |
| Connecticut | Secretly photographing or recording someone without consent while they are not in plain view and expect privacy (with malice or for sexual gratification), recording under or around a person's clothing for sexual purposes (even in public), or trespassing to secretly watch someone inside a home for sexual purposes is voyeurism. It is a class D felony (up to 5 years) for a first offense, and a class C felony (1 to 10 years) for a repeat offense, when the person has certain prior sex-offense convictions, or when the intended subject is under 16. Sharing images knowing they were made by voyeurism is disseminating voyeuristic material, a class D felony. Voyeurism under subdivisions (2) to (4) (sexual purpose) is a 'nonviolent sexual offense' requiring sex offender registration, generally for ten years. Conn. Gen. Stat. §§ 53a-189a, 53a-189b; 54-250(5), 54-251(a) |
| Delaware | Delaware calls this violation of privacy. Secretly photographing or recording a person who is undressing or exposed in a place like a fitting room, locker room or bathroom without consent, or recording under or through a person's clothing ('upskirting'), is a class G felony (up to 2 years). Trespassing to spy on someone in a private place, or installing hidden cameras or listening devices in a private place without consent, is a class A misdemeanor (up to 1 year). Entering an occupied home's property to peer or peep into a window or door ('Peeping Tom') is a class B misdemeanor (up to 6 months). 11 Del. C. §§ 1335(a)(1)-(2), (a)(6)-(7), (c); 820 |
| District of Columbia | Secretly watching someone through a hidden post, peephole, mirror or device while they use a bathroom, undress or engage in sexual activity, recording those activities without express and informed consent, or capturing images of a person's private areas without consent where they expect privacy, is voyeurism, a misdemeanor punishable by up to 1 year. Distributing or trying to distribute such images or recordings, knowing they were made illegally, is a felony punishable by up to 5 years. D.C. Code § 22-3531(b)-(d), (f) |
| Florida | Secretly watching someone with lewd intent where they expect privacy (voyeurism) is a first-degree misdemeanor, and a third-degree felony after two prior convictions. Digital voyeurism, secretly viewing, recording or broadcasting someone undressing or exposed where they expect privacy, or recording under or through their clothing, is a third-degree felony for offenders 19 or older (first-degree misdemeanor if under 19); sharing or selling such recordings is also a third-degree felony. Repeat offenses are second-degree felonies, offenses by a family member or person in a position of trust are bumped up a degree, and digital voyeurism against a child under 16 by certain adults is a second-degree felony that requires sex offender registration. Fla. Stat. §§ 810.14, 810.145(2)-(4), (7)-(8); 943.0435 |
| Georgia | Georgia's invasion-of-privacy law makes it a crime to use a device to secretly observe, photograph or record someone's activities in a private place and out of public view without the consent of everyone observed, to trespass to secretly watch others, or to sell or distribute such recordings. These offenses are felonies punishable by 1 to 5 years, a fine up to $10,000, or both. Separately, being a 'peeping Tom' (peeping through windows or doors on another's premises to spy) is unlawful. O.C.G.A. §§ 16-11-62(2), (3), (6), 16-11-69, 16-11-61 |
| Hawaii | Hawaii calls this violation of privacy. Secretly installing or using a device in a private place to watch or record someone who is undressed or engaged in sexual activity, or disclosing (or threatening to disclose) nude or sexual images without consent to harm or get revenge (including fake 'deepfake' images), is violation of privacy in the first degree, a class C felony (up to 5 years). Peeping into windows of a home or lodging, trespassing to spy, installing other hidden recording devices in private places, upskirt recording in public, and possessing images made illegally are violation of privacy in the second degree, a misdemeanor (up to 1 year). Courts may order illegal recordings destroyed. Haw. Rev. Stat. §§ 711-1110.9, 711-1111 |
| Idaho | Video voyeurism in Idaho means installing or using a camera or other imaging device where a person has a reasonable expectation of privacy, without consent, for sexual gratification or to degrade the person; it also covers spreading or threatening to spread private intimate images of an identifiable person without consent to harass or humiliate. Video voyeurism is a felony (up to 5 years and/or $50,000 under the general felony penalty). Peeping into the door or window of an occupied building on someone else's property without a lawful purpose ('trespass of privacy') is a misdemeanor (up to 6 months and/or $1,000). Idaho Code §§ 18-6605, 18-7006, 18-112, 18-113 |
| Illinois | Illinois' main voyeurism crime is unauthorized video recording and live video transmission. Knowingly recording or live-streaming another person without consent in a restroom, tanning bed or salon, locker room, changing room or hotel bedroom, or in that person's own home (including from outside by remote device), or recording a person's intimate parts to view their body or undergarments without consent, is a Class 4 felony (1 to 3 years). Placing a hidden camera in those places with intent to record is a Class A misdemeanor. Spreading such a recording is a Class 3 felony (2 to 5 years). Each offense goes up one class (to Class 3, or Class 2 for spreading) when the victim is under 18 or the offender is a registered sex offender. From January 1, 2027, recording a known victim or witness inside a courthouse without consent becomes a Class A misdemeanor. 720 ILCS 5/26-4(a)-(a-25), (d); P.A. 104-750 (eff. 1-1-27) |
| Indiana | Indiana voyeurism: knowingly peeping into another person's occupied home (or going onto their land to peep), or into a restroom, bath, shower, dressing room or other place where people undress, without consent, is a Class B misdemeanor (up to 180 days), and a Level 6 felony (6 months to 2 1/2 years) if done with a camera or by a repeat offender. 'Peeping' includes using a concealed camera to capture an intimate image. Public voyeurism, secretly peeping at and photographing a person's private area without consent, is a Class A misdemeanor, and a Level 6 felony if the image is published, posted online or shared, or for a repeat offender. Remote aerial voyeurism with a drone over someone's home or yard is a Class A misdemeanor, and a Level 6 felony if the images are shared or for a repeat offender. IC 35-45-4-5(a)-(h) |
| Iowa | In Iowa, knowingly viewing, photographing or filming another person who is fully or partly nude, without consent, where the person has a reasonable expectation of privacy, for sexual gratification, is 'invasion of privacy - nudity', an aggravated misdemeanor (up to 2 years in jail and a fine of $855 to $8,540). Iowa Code §§ 709.21, 903.1 (Iowa Code 2026) |
| Kansas | Kansas covers voyeurism in its breach of privacy law. Secretly filming, photographing or recording a person under or through their clothing, or a person who is nude or undressed, without consent where they expect privacy, is a severity level 8 person felony (severity level 5 on a second conviction within five years); spreading such images is a severity level 5 person felony. Spreading nude or sexual images of an identifiable adult (including AI-altered images) to harass, threaten or intimidate is also a severity level 8 person felony. Entering a private place to secretly listen or watch, or using hidden listening devices, is a class A nonperson misdemeanor. K.S.A. 21-6101 |
| Kentucky | In Kentucky, voyeurism (secretly viewing, photographing or recording another person's sexual conduct, genitals, hidden undergarments or female breast without consent where the person expects privacy, including by trespassing to watch) is a Class A misdemeanor (up to 12 months). Video voyeurism (recording such images without consent and then selling them or distributing them online or by other media) is a Class D felony (1 to 5 years). KRS 531.090, 531.100 |
| Louisiana | Louisiana has three offenses. Video voyeurism (using a camera or drone to watch, photograph or film a person without consent for a lewd purpose or in a private place, or sending such images): first offense up to $2,000 and/or up to 2 years; second offense 6 months to 3 years at hard labor without parole and up to $2,000; 1 to 5 years at hard labor and up to $10,000 when the recording shows nudity or sexual activity; and 2 to 10 years and up to $10,000 when it is of a child under 17 for sexual gratification. These forms of video voyeurism are sex offenses that require sex offender registration. Voyeurism (looking through the doors or windows of a private residence for sexual gratification) carries up to $500 and/or six months, and up to $1,000 and/or one year on a second or later conviction. Being a 'Peeping Tom' carries up to $500 and/or six months, rising to up to $1,000 and/or one year for a third conviction. La. R.S. 14:283, 14:283.1, 14:284 |
| Maine | Maine's voyeurism crime is called violation of privacy. It covers trespassing to watch or listen to someone in a private place, putting or using a device in a private place (such as a bathroom or dressing room) without consent to watch or record, using a device outside a private place to capture what could not normally be seen or heard, and using equipment in a public place to observe or record parts of someone's body hidden under clothing. It is a Class D crime (less than one year and up to $2,000), including when the victim is under 16. A conviction for the under-clothing offense is a registrable sex offense when the victim was under 18. 17-A M.R.S. §511; 34-A M.R.S. §11203(6)(B) |
| Maryland | Maryland has three misdemeanors. Secretly watching someone in a store dressing room or restroom without consent carries up to 30 days and/or a $1,000 fine. Visual surveillance with prurient intent, meaning secretly watching or filming a person in a private place where people undress (such as a bathroom, bedroom, tanning room or hotel room) or using a camera to view someone's private areas without consent where they would not be visible to the public, carries up to 1 year and/or a $2,500 fine. Placing a hidden camera on property where a private residence is located to secretly observe someone inside also carries up to 1 year and/or $2,500. Victims may also sue for damages and attorney's fees. Md. Code, Crim. Law §§3-901, 3-902, 3-903 |
| Massachusetts | Massachusetts makes it a crime to secretly photograph, videotape or electronically surveil a nude or partially nude person who has a reasonable expectation of privacy, or to secretly capture images of a person's intimate parts under or around their clothing (for example, 'upskirting'), without the person's knowledge and consent: up to 2.5 years in a house of correction and/or a $5,000 fine. If the victim is a child under 18, the penalty rises to up to 5 years in state prison and/or $10,000. Spreading such images is punishable by up to 5 years and/or $10,000, or up to 10 years when the images are of a child. G.L. c. 272, §105(b), (c) |
| Michigan | In Michigan, secretly watching a person who is undressed or in undergarments where the person has a reasonable expectation of privacy is a felony punishable by up to 2 years and/or a $2,000 fine (up to 5 years and/or $5,000 for a repeat offense). Photographing or recording such a person, or distributing images known to have been obtained this way, is a felony punishable by up to 5 years and/or $5,000. MCL 750.539j |
| Minnesota | Minnesota's voyeurism crime is called interference with privacy. Peeping into a home, hotel room, tanning booth or other private place, or using a device to watch or record there, or recording someone's intimate parts in a bathroom, locker room or similar place without consent, is a gross misdemeanor. Secretly recording under or around someone's clothing ('upskirting') is a misdemeanor (a gross misdemeanor if repeated or if the victim is a minor). The main offenses become felonies of up to 2 years and/or $5,000 after a prior conviction or when the victim is under 18, and up to 4 years and/or $5,000 for certain recording of a minor with sexual intent by someone more than 36 months older. Minn. Stat. §609.746, subd. 1 |
| Mississippi | Peeping into a home or building through a window or opening to spy on people for a lewd purpose is 'felonious trespass' in Mississippi, and viewing the inside of a private space such as a bedroom, bathroom, changing room or tanning booth by any means (including a camera, drone or phone) without consent for a lewd purpose is also a felony. For an offender over 18 it carries up to 5 years; if anyone spied on is under 16 and the offender is over 21, up to 10 years. Secretly photographing or recording someone in a place of undress and privacy, or recording under or through clothing ('upskirting'), for a lewd purpose is a separate felony punishable by a $5,000 fine and/or up to 5 years, or up to 10 years if the victim is under 16. Miss. Code Ann. §§ 97-29-61, 97-29-63 |
| Missouri | Missouri calls secret nude photos or upskirting 'invasion of privacy': knowingly photographing or filming someone without consent while they are fully or partly nude in a place where they expect privacy, or photographing under or through their clothing. It is a class A misdemeanor (up to 1 year), but becomes a class E felony (up to 4 years) if the image is distributed or posted online, more than one person is recorded in the same course of conduct, or the person has a prior invasion-of-privacy conviction. RSMo § 565.252 |
| Montana | Montana's peeping-tom law is 'surreptitious visual observation or recordation.' It covers hiding or loitering near a home, in person or with a remote device, to secretly watch or record an occupant, and secretly observing or recording another person's sexual or intimate parts in a public place where the person reasonably expects privacy. A first conviction is a misdemeanor (up to $500 and/or 6 months in county jail); a second carries up to $1,000 and/or 1 year; a third or later conviction is a felony with up to $10,000 and/or 5 years. Officers, insurance investigators and licensed private investigators acting in the course of legitimate investigations are exempt. MCA § 45-5-223 |
| Nebraska | Nebraska calls peeping 'unlawful intrusion.' Knowingly intruding on someone without consent in a place of solitude or seclusion is a Class I misdemeanor, and a Class IV felony for a repeat. Secretly photographing or recording someone's intimate area that is not generally visible, in a public or private place, is a Class IV felony; distributing such a recording is a Class IIA felony (Class II for a third or later violation). If the offender was 19 or older and the victim under 18, a conviction under the intrusion, recording or distribution subsections requires sex-offender registration. Neb. Rev. Stat. § 28-311.08(1)-(3), (6) |
| Nevada | Nevada's peeping law makes it a crime to go onto another person's property to secretly peer, peep or spy through a window or other opening of a dwelling: a misdemeanor, a gross misdemeanor if the person has a camera or recording device, and a category B felony (1 to 6 years and/or up to $5,000) if the person has a deadly weapon. Capturing an image of another person's private area without consent where the person has a reasonable expectation of privacy, or distributing such an image, is a gross misdemeanor for a first offense and a category E felony for a second or later offense. NRS 200.603, 200.604 |
| New Hampshire | New Hampshire calls voyeurism 'violation of privacy.' Installing or using a device to secretly view, photograph or record someone's private body parts or under their clothing, or to record in a private place such as a restroom, locker room or home, without consent is a class A misdemeanor (up to 1 year). Secretly viewing someone for sexual gratification where they expect privacy, or entering a home's curtilage or another private place to look in with no legitimate purpose, is a misdemeanor. A second or later conviction is a class B felony (up to 7 years), and an offense in a place where the person knows or should know a child under 18 is present is a class B felony (class A for a repeat). RSA 644:9, I, III-a, IV, VI, VII |
| New Jersey | New Jersey calls this invasion of privacy. Secretly watching someone, without consent, where the person may be nude or engaged in sexual activity and would not expect to be observed is a crime of the fourth degree (up to 18 months). Photographing, filming or recording such a person is third degree (3-5 years); recording someone's undergarment-clad intimate parts is fourth degree. Disclosing (sharing, selling or posting) such images without consent is third degree with a fine of up to $30,000. Retail fitting rooms are covered, with a narrow exception for the entrance area when notice is posted. N.J.S. 2C:14-9(a)-(f); N.J.S. 2C:43-6 |
| New Mexico | In New Mexico, voyeurism is intentionally viewing, or using a device (camera, phone, computer, binoculars and similar) to view, photograph, film, webcast or record, another person's intimate areas (genitals, groin, buttocks, anus, breasts or the underwear covering them) without their knowledge and consent, either inside a bedroom, bathroom, changing or fitting room, tanning booth or other private area, or anywhere the person reasonably expects privacy. It is a misdemeanor (up to 1 year in jail and/or a $1,000 fine), or a fourth degree felony (18 months) if the victim is under 18. NMSA 1978, 30-9-20 |
| New York | New York calls this unlawful surveillance. Unlawful surveillance in the second degree, a class E felony (up to 4 years), covers secretly using or installing an imaging device to view or record a person dressing, undressing or their intimate parts in a private setting, without consent, for amusement, profit, degradation or sexual gratification; secretly recording in a bedroom, bathroom, changing room, shower or hotel room with no legitimate purpose; recording under a person's clothing ('upskirting'); and secretly recording someone engaged in sexual conduct. A repeat offense within ten years of a prior unlawful surveillance conviction is unlawful surveillance in the first degree, a class D felony (up to 7 years). N.Y. Penal Law 250.45, 250.50 |
| North Carolina | North Carolina calls this secretly peeping. Secretly peeping into a room occupied by another person, or under or through someone's clothing, is a Class 1 misdemeanor; peeping while having a camera with intent to take images is a Class A1 misdemeanor. Photographing someone while secretly peeping for sexual gratification, secretly photographing a person's private area without consent where they expect privacy, secretly installing a recording device in a room, or knowingly possessing such images is a Class I felony, and sharing them without consent is a Class H felony. Repeat offenses move up one level (a repeat felony is one class higher). For the felony offenses, or a repeat misdemeanor, the court must decide whether the person is a danger to the community and should register as a sex offender, and orders registration if so. G.S. 14-202(a)-(l) |
| North Dakota | North Dakota calls this surreptitious intrusion. Secretly peeping into another's home, or into a tanning booth, hotel room or other place where a person would expect privacy and is or may be undressed, or secretly installing or using a device to watch or record there, with intent to arouse or gratify sexual desire, is a Class A misdemeanor (up to 360 days). It becomes a Class C felony (up to 5 years) after a prior conviction, if the person is already required to register as a sex offender, or if the victim is a minor. The same peeping or recording done to invade privacy without the sexual purpose is a Class B misdemeanor (up to 30 days). N.D.C.C. 12.1-20-12.2; 12.1-31-14 |
| Ohio | Spying on or eavesdropping on someone by trespass or other secret invasion of privacy for sexual gratification is voyeurism, a misdemeanor of the third degree (up to 60 days). Secretly recording a person in a place where they expect privacy to view their private areas is a second-degree misdemeanor (up to 90 days); secretly recording under or through a person's clothing ('upskirting') is a first-degree misdemeanor (up to 180 days); and secretly recording a minor's private areas in a private place is a felony of the fifth degree (6-12 months). R.C. 2907.08 (eff. April 4, 2023) |
| Oklahoma | Oklahoma calls voyeurism being a 'Peeping Tom.' Hiding or loitering near a home, locker room, dressing room, restroom or other private place intending to secretly watch someone is a misdemeanor punishable by up to 1 year in jail and/or a $5,000 fine; secretly capturing an image of someone's private areas where a reasonable person would expect them not to be visible is the same grade. Secretly using a camera or video equipment for a lewd or illegitimate purpose to watch a person in a private place, or publishing or distributing such images, is a Class D1 felony (up to 5 years for a first offense) and/or a $5,000 fine. 21 O.S. § 1171 |
| Oregon | Oregon calls voyeurism 'invasion of personal privacy.' Watching someone who is nude in a private place such as a bathroom or locker room for sexual gratification, or recording a person's intimate area without consent, is second-degree invasion of personal privacy, a Class A misdemeanor. Recording a nude person in a private place without consent, or a second-degree offense by someone with a prior privacy, indecency or sex-crime conviction, is first-degree invasion of personal privacy, a Class C felony (up to 5 years). For the first-degree offense, the court may designate it a sex crime, which requires sex-offender registration, if community safety requires it. ORS 163.700, 163.701 |
| Pennsylvania | Pennsylvania calls voyeurism 'invasion of privacy.' It is a crime, for sexual gratification, to knowingly view, photograph, film or record a person who is fully or partly nude in a place where they expect privacy, or to record a person's intimate parts (even if clothed) that they do not intend to be publicly visible, without their knowledge and consent, or to send such images. One violation is a misdemeanor of the third degree (up to 1 year); more than one violation is a misdemeanor of the second degree (up to 2 years), and each victim counts as a separate violation. 18 Pa.C.S. § 7507.1 |
| Rhode Island | Video voyeurism in Rhode Island is using or installing a camera or other imaging device, for sexual gratification, to capture images of another person's intimate areas without their knowledge and consent where they expect privacy, knowingly sharing or selling such images, or using an imaging device to look into an occupied home. It is punishable by up to 3 years and/or a $5,000 fine. Separately, sharing a private sexually explicit image of an adult without consent is a misdemeanor (up to 1 year and/or $1,000) for a first offense and a felony (up to 3 years and/or $3,000) after that. R.I. Gen. Laws §§ 11-64-2, 11-64-3(d) |
| South Carolina | In South Carolina, being a 'peeping Tom' (spying through windows or doors, including with video or audio equipment, to invade someone's privacy) is a misdemeanor punishable by up to 3 years and/or a $500 fine. Voyeurism (secretly viewing, photographing or recording someone for sexual gratification where they expect privacy) is a misdemeanor with the same penalty for a first offense and a felony punishable by up to 5 years and a $500 to $5,000 fine for a repeat offense. Selling or distributing such images is aggravated voyeurism, a felony punishable by up to 10 years. S.C. Code § 16-17-470(A)-(C) |
| South Dakota | South Dakota punishes secret recording as unlawful surveillance and 'prohibited recording.' Installing a hidden device to watch or record people in a private place without consent, or trespassing to spy on someone in a private place, is a Class 1 misdemeanor. Photographing or recording someone nude or under their clothing without consent (for self-gratification or to harass or embarrass), or sharing such images, is a Class 1 misdemeanor, but a Class 6 felony if the victim is 17 or younger and the offender is at least 21, or for any repeat offense. Creating or sharing digitally fabricated nude or sexual images of an identifiable person is a Class 5 felony. SDCL 22-21-1, 22-21-4 |
| Tennessee | Peeping is called observation without consent: knowingly spying on or viewing someone in a place where they have a reasonable expectation of privacy, without consent, in a way that would offend an ordinary person and for sexual gratification. It is a Class A misdemeanor (up to 11 months, 29 days and/or $2,500), and a Class E felony (1 to 6 years) if the victim is under 13. Secretly photographing or recording someone in a private setting is unlawful photography: a violation of subdivision (a)(1) or (a)(3) is a felony (generally Class E), rising to a Class D felony if the image is disseminated or the victim is under 13 and to a Class C felony in listed aggravated cases; the narrower subdivision (a)(2) offense is a Class B misdemeanor, Class A for a repeat. For (a)(1) and (a)(3) violations the judge must order the person to register as a sexual offender. Tenn. Code Ann. §§ 39-13-607, 39-13-605; 40-35-111 |
| Texas | Voyeurism (watching someone, including remotely, for sexual gratification without consent while they are in a dwelling or structure where they have a reasonable expectation of privacy) is a Class A misdemeanor (up to one year and $4,000). It is a state jail felony for a repeat offense, a victim under 18, or an offense on a college campus, and a third-degree felony for a repeat offense against a child. Invasive visual recording (secretly photographing or recording intimate areas, or recording someone in a bathroom, bedroom or changing room, without consent, or promoting such images) is a state jail felony (180 days to 2 years). Tex. Penal Code §§ 21.17, 21.15 |
| Utah | Voyeurism (viewing or trying to view a private part of someone's body without their knowledge or consent where they expect privacy, including a public restroom) is a class B misdemeanor, and a class A misdemeanor if the victim is under 14, it happens in an opposite-sex privacy space, or it accompanies lewdness or similar offenses. Secretly recording or photographing someone that way is a class A misdemeanor, and a third degree felony in those same aggravated circumstances. Distributing or selling such images is a third degree felony, or a second degree felony if the image is of a child under 14. Utah Code §§ 76-12-306, 76-12-307, 76-12-308 |
| Vermont | Voyeurism covers intentionally viewing, or secretly photographing, filming or recording, someone's intimate areas or sexual conduct without their knowledge and consent where they expect privacy, and secret surveillance or recording inside a home. A first offense against an adult is punishable by up to two years and/or $1,000 (up to three years and $5,000 for a repeat); against a victim under 18, up to three years and/or $5,000 (up to five years and $10,000 for a repeat). Showing or disclosing such a recording to a third party is punishable by up to five years and/or $5,000, and victims may sue. 13 V.S.A. § 2605(b)-(e), (j), (k) |
| Virginia | Peeping or spying into someone's home, or using a peephole to secretly view an undressed person in a restroom, dressing room, hotel room, bedroom or similar place, is a Class 1 misdemeanor (up to 12 months and/or $2,500). Secretly making a video or photo of a nonconsenting person who is nude or undressed in such a place, or 'upskirting', is also a Class 1 misdemeanor, but a Class 6 felony (1 to 5 years) if the victim is under 18 or the offender has two or more such convictions in the past 10 years. Va. Code §§ 18.2-130, 18.2-386.1 |
| Washington | Voyeurism in the first degree (knowingly viewing, photographing or filming someone for sexual gratification without their knowledge and consent where they expect privacy, or filming their intimate areas under such circumstances) is a class C felony (up to 5 years and/or $10,000). Voyeurism in the second degree (secretly photographing or filming someone's intimate areas with intent to distribute the images) is a gross misdemeanor and is not a sex offense for sentencing or sex offender registration. RCW 9A.44.115 |
| West Virginia | West Virginia calls it criminal invasion of privacy. Knowingly photographing or recording another person without their knowledge while the person is fully or partially nude in a place where a reasonable person would expect privacy is a misdemeanor punishable by up to 1 year in jail, a fine of up to $5,000, or both; knowingly displaying or distributing such images carries the same penalty. A second or subsequent violation is a felony punishable by 1 to 5 years in prison, a fine of up to $10,000, or both. The section does not address sex offender registration. W. Va. Code § 61-8-28 |
| Wisconsin | Wisconsin's invasion of privacy law makes it a Class A misdemeanor (up to 9 months and/or $10,000) to install or use a surveillance device, including a peephole, to watch a nude or partially nude person in a private place without consent, or to look into a private place (such as a public restroom or a home) for sexual gratification; it becomes a Class I felony (up to 3 years 6 months and/or $10,000) if the victim is under 18. Recording or viewing under someone's clothing ('upskirting') without consent is a Class I felony. Separately, capturing a nude or intimate image without consent where the person expects privacy, or possessing or sharing such an image, is a Class I felony. Wis. Stat. §§ 942.08(2)-(4), 942.09(2)(am), 939.50(3)(i), 939.51(3)(a) |
| Wyoming | Secretly looking into a place where someone expects privacy (restroom, bath, shower, dressing room, bedroom) or under someone's clothing without consent is a misdemeanor (up to 6 months and/or $750). Capturing an image with a camera or recording device, or recording intimate areas under clothing without consent, is a felony (up to 5 years and/or $5,000). An adult who commits voyeurism against a victim under 18 faces a felony of up to 10 years and/or $5,000, and an adult with a prior voyeurism conviction faces up to 5 years and/or $5,000. A minor convicted of the camera offense commits a status offense (fine up to $250). W.S. 6-4-304(a)-(d), (f) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.