Arkansas Code of 1987 (2023) › 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.