Arkansas Code of 1987 (2024)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107)
Chapter 16 - VOYEURISM OFFENSES (§§ 5-16-101 — 5-16-102)
Section 5-16-101 - Crime of video voyeurism

• (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).

Amended by Act 2021, No. 822,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 597,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 461,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 293,§ 1, eff. 7/22/2015.

Acts 1999, No. 757, § 1; 2001, No. 532, § 1; 2007, No. 187, § 1; 2009, No. 330, § 1; 2009, No. 758, § 5.