Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of March 28, 2024 | Updated by FindLaw Staff
(a) It is unlawful for a person to use a camera, videotape, photo-optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person:
(1) Is in a private area out of public view;
(2) Has a reasonable expectation of privacy; and
(3) Has not consented to the observing, viewing, photographing, filming, or videotaping.
(b) It is unlawful for a person to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, operated in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means another person:
(1) For the purpose of viewing any portion of the other person's body and for which the other person has a reasonable expectation of privacy;
(2) Without the knowledge or consent of the other person; and
(3) Under circumstances in which the other person has a reasonable expectation of privacy.
(c)(1) A person who violates subsection (a) of this section upon conviction is guilty of a:
(A) Class D felony for a first or second offense;
(B) Class C felony for a third or subsequent offense; or
(C) Class C felony if the victim is under fourteen (14) years of age.
(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor.
(B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person:
(i) Distributed or transmitted the video recording, film, or photo to another person;
(ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or
(iii) Has previously been convicted of a violation of this section or § 5-16-102.
(d) This section does not apply to:
(1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction;
(2) Security monitoring operated by or at the direction of an occupant of a residence;
(3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure;
(4) Security monitoring operated in a motor vehicle used for public transit;
(5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment;
(6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or
(7) Videotaping under § 12-18-615(b).
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-16-101. Crime of video voyeurism - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-16-101/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)