State Audio and Visual Surveillance Laws

STATE AUDIO AND VISUAL SURVEILLANCE LAWS

Executive Summary

October 2018

Overview

Of the fifty-one jurisdictions surveyed, only Vermont has no statutory provision governing the

recording of oral conversations. All of the jurisdictions in some respect control the visual recording

of persons and/or places in specified circumstances.

The surveyed jurisdictions include the fifty states and the District of Columbia.

This survey does not include surveillance by governmental entities or in public places. It also does

not include laws relating to the use of unmanned aircraft (drones) to capture images or sound. For

more information on that topic see the Drones Annual Report (Archived) in the State Issues

Tracker.

Oral Communications

Eleven states

, or twenty-two percent of the fifty states that regulate the recording of oral

communications require the permission of all parties to the conversation before it can be recorded.

Three of those states recognize exceptions to their all-party consent requirement:

• Washington deems consent to be obtained whenever one party has announced to all other

parties to the conversation that it is about to be recorded and the announcement itself is

recorded.

• California’s consent requirement applies only to confidential communications and

excludes communications in any circumstance in which the parties to the communication

may reasonably expect that the communication may be overheard or recorded.

• In Oregon an in-person, oral communication may not be recorded unless all of the parties

are informed of the recording; for electronic communications, a person may record if they

either are a party to the communication or one of the parties has consented to the recording.

In those states that require the consent of only one person before a communication may be

recorded, generally the requirement is satisfied when the recording person is a party to the

communication or when one of the parties to the communication has given prior consent. Three

of the one-party consent states considered, but did not pass, legislation in 2018 that would have

made them all-party consent states.

California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon,

Pennsylvania, and Washington.

Oklahoma, Tennessee, and Utah.

Video Recording

The vast majority of jurisdictions that criminalize nonconsensual videotaping of a person require

that the person be in an area in which that person has a reasonable expectation of privacy. Nine

states

make it a crime only if the videotaping is for the purpose of sexual gratification. Nineteen

states

, or thirty-seven percent of the surveyed jurisdictions, prohibit only nonconsensual

videotaping of the intimate parts of another person or of a nude person.

Of the seven states

that exempt video security surveillance systems from their prohibition on

videotaping, five

do so only if notice of the system is posted. Louisiana’s 2018 law governing

limited videotaping in short-term rental structures, specifies the notice language that must be used.

Idaho, Iowa, Louisiana, Mississippi, North Carolina, North Dakota, Oklahoma, Tennessee, and Washington.

Alaska, Colorado, Kansas, Kentucky, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New

Mexico, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Virginia, West Virginia, and Wisconsin.

Alaska, Arizona, District of Columbia, Florida, Georgia, Michigan, and New York.

Alaska, Arizona, District of Columbia, Florida, and New York.

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

The consent of at least one party to a communication

is needed to record a private conversation, though,

there is no need to obtain consent to record

conversations held in public places, where there is no

reasonable expectation of privacy.

Secret observation or photography while trespassing

on private property is not allowed, however, the use of

any such recording devices positioned in areas to

which the public has access is not criminalized.

A person commits the crime of criminal eavesdropping

(to overhear, record, amplify or transmit any part of

the private communication of others without the

consent of at least one of the persons engaged in the

communication) if he intentionally uses any device to

eavesdrop, whether or not he is present at the time.

Ala. Code § 13A‐11‐31

A person commits the crime of criminal surveillance if

he intentionally engages in surveillance while

trespassing in a private place (a place where one may

reasonably expect to be safe from casual or hostile

intrusion or surveillance, but such term does not

include a place to which the public or a substantial

group of the public has access.). Ala. Code § 13A‐11‐32

The consent of at least one party to a communication

is needed to record a conversation.

A person may not photograph or record an intimate

part of a person without the consent of that person.

A person may not use an eavesdropping device (any

device capable of being used to hear or record oral

conversation whether the conversation is conducted in

person, by telephone, or by any other means) to hear

or record all or any part of an oral conversation

without the consent of a party to the conversation.

Alaska Stat. Ann. § 42.20.310

A person may not knowingly view, or produce a picture

of, the private exposure of the genitals, anus, or

female breast of another person and the view or

production is without the knowledge or consent of the

person viewed or shown in the picture, if the person

viewed or shown is at least 13 years of age. However, it

is an affirmative defense that the viewing or

photography was conducted as a security surveillance

system, notice of the viewing or photography was

posted, and any viewing or use of pictures produced is

done only in the interest of crime prevention or

prosecution. Alaska Stat. Ann. § 11.61.123

An individual not involved in or present during a

communication must have the consent of at least one

party to record an electronic or oral communication.

Surveillance is allowed for security purposes so long as

notice is posted. Child monitoring devices (ex. baby

cam) are allowed when installed in a person's own

residence for the purpose of child supervision or safety

monitoring.

A person may not intentionally intercept (the aural or

other acquisition of the contents of any wire,

electronic or oral communication through the use of

any electronic, mechanical or other device) a

conversation or discussion at which he is not present,

or aids, authorizes, employs, procures or permits

another to so do, without the consent of a party to

such conversation or discussion. Ariz. Rev. Stat. Ann. §

13‐3005

Photographing, videotaping, filming or digitally

recording for security purposes is allowed if notice of

the use of photographing, videotaping, filming or

digital recording equipment is clearly posted in the

location and the location is one in which the person

has a reasonable expectation of privacy. Additionally,

the use of a child monitoring device (a device that is

capable of transmitting an audio or audiovisual signal

and that is installed or used in a residence for child

supervision or safety monitoring by any parent,

guardian or other responsible person in the person's

own residence) is allowed. Ariz. Rev. Stat. Ann. § 13‐

3019

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

It is prohibited to secretly view or videotape a person

in any place where that person is in a private area out

of public view, has a reasonable expectation of privacy,

and has not consented to the observation.

It is unlawful for a person to intercept a wire, landline,

oral, telephonic communication, or wireless

communication, and to record or possess a recording

of the communication unless the person is a party to

the communication or one of the parties to the

communication has given prior consent to the

interception and recording. Ark. Code Ann. § 5‐60‐120

It is unlawful to use any camera, videotape, photo‐

optical, photoelectric, or any other image recording

device for the purpose of secretly observing, viewing,

photographing, filming, or videotaping a person

present in a residence, place of business, school, or

other structure, or any room or particular location

within that structure, if that 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 observation. Ark. Code Ann. § 5‐16‐101

All

All parties to any confidential communication must

give consent to be recorded, however, any

conversations made in public places, government

proceedings, or in circumstances where the

participants of the conversation could reasonably

expect to be overheard or recorded do not require

consent.

It is prohibited to secretly visually record a person while

in any area where the person has a reasonable

expectation of privacy.

It is unlawful for a person to, intentionally and without

the consent of all parties to a confidential

communication (any communication carried on in

circumstances as may reasonably indicate that any

party to the communication desires it to be confined

to the parties thereto, but excludes a communication

made in a public gathering or in any legislative, judicial,

executive or administrative proceeding open to the

public, or in any other circumstance in which the

parties to the communication may reasonably expect

that the communication may be overheard or

recorded), by means of any electronic amplifying or

recording device, eavesdrop upon or record the

confidential communication, whether the

communication is carried on among the parties in the

presence of one another. Cal. Penal Code § 632

It is unlawful for a person to look through a hole or

opening, or otherwise view, by means of any

instrumentality, including, but not limited to, a

periscope, telescope, binoculars, camera, motion

picture camera, camcorder, or mobile phone, the

interior of a bedroom, bathroom, changing room,

fitting room, dressing room, or tanning booth, or the

interior of any other area in which the occupant has a

reasonable expectation of privacy, with the intent to

invade the privacy of a person or persons inside. Cal.

Penal Code § 647(j)

The consent of at least one participant to a

conversation is required before any recording can take

place, unless such eavesdropping device is used on

one’s own premises for security or business purposes

and notice is given to the public.

The state prohibits under its privacy laws anyone from

knowingly observing or taking any visual images of

another person’s body without consent in situations

where the subject of the filming or photography has a

reasonable expectation of privacy.

Any person not visibly present during a conversation or

discussion commits eavesdropping if he knowingly

overhears or records such conversation or discussion

without the consent of at least one of the principal

parties thereto, or attempts to do so. Colo. Rev. Stat. §

18‐9‐304

This does not prevent any person from using

eavesdropping devices on his own premises for

security or business purposes if reasonable notice of

the use of such devices is given to the public. Colo.

Rev. Stat. § 18‐9‐305

A person who knowingly observes or takes a

photograph (includes a photograph, motion picture,

videotape, live feed, or other mechanically,

electronically, or digitally reproduced visual matter) of

another person's intimate parts without that person's

consent, in a situation where the person observed or

photographed has a reasonable expectation of privacy,

commits criminal invasion of privacy. Colo. Rev. Stat. §

18‐7‐801

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not knowingly photograph, film or

record in any way another person’s image without

consent in situations where the person is unaware of

the filming, not in plain view and has a reasonable

expectation of privacy.

A person is guilty of eavesdropping when he unlawfully

engages in wiretapping or mechanical overhearing of a

conversation, which is the intentional overhearing or

recording of a conversation or discussion, without the

consent of at least one party thereto, by a person not

present thereat, by means of any instrument, device or

equipment. Conn. Gen. Stat. §§ 53a‐187

However, Connecticut recognizes actions for illegal

recording of private telephonic communications, in

which civil cases a person may be liable if an oral

private telephone conversation is recorded without (1)

consent from all parties prior to the conversation; (2)

verbal notification which is recorded at the beginning

of the conversation; or (3) use of an automatic tone

warning device during the recording. Conn. Gen. Stat.

§ 52-570d

A person is guilty of voyeurism when, with malice, such

person knowingly photographs, films, videotapes or

otherwise records the image of another person

without the knowledge and consent of such other

person, while such other person is not in plain view,

and under circumstances where such other person has

a reasonable expectation of privacy. Conn. Gen. Stat. §

53a‐189a

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not install a camera or other recording

device in a private place, without consent of the

person(s) who are entitled to privacy there.

A person may intercept a wire, oral or electronic

communication where the person is a party to the

communication or where one of the parties to the

communication has given prior consent to the

interception, unless the communication is intercepted

for the purpose of committing any criminal or tortious

act in violation of the constitutions or laws of the

United States Delaware or any other state, or any

political subdivision thereof. Del. Code Ann. tit. 11, §

2402(c)(4)

A person may not install in any private place, without

consent of the person or persons entitled to privacy

there, any device for observing, photographing,

recording, amplifying or broadcasting sounds or events

in that place; or install or use outside a private place

any device for hearing, recording, amplifying or

broadcasting sounds originating in that

place which would not ordinarily be audible or

comprehensible outside, without the consent of the

person or persons entitled to privacy there. Del. Code

Ann. tit. 11, § 1335(2)‐(3)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

D.C.

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may have monitoring devices in their own

home for the purpose of security.

A person may intercept a wire or oral communication,

where such person is a party to the communication, or

where one of the parties to the communication has

given prior consent to such interception, unless such

communication is intercepted for the purpose of

committing any criminal or tortious act in violation of

the Constitution or laws of the United States, any

state, or the District of Columbia, or for the purpose of

committing any other injurious act. D.C. Code § 23‐

542(b)(3)

It is unlawful for a person to electronically record,

without the express and informed consent of the

individual being recorded, an individual who is: using

the bathroom; undressed; or engaging in sexual

activity. A person is not prohibited from security

monitoring one's own home or security monitoring in

any building where there are signs prominently

displayed informing persons that the entire premises

or designated portions of the premises are under

surveillance. D.C. Code § 22‐3531(c), (e)(2)‐ (3)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

All

All parties must consent to the recording and or

disclosure of the contents of any electronic, oral or wire

communication.

A person may have a video surveillance system if

written notice is clearly posted on the premises or the

presence of the device is clearly and immediately

obvious.

It is lawful for a person to intercept a wire, oral, or

electronic communication (“Oral communication”

means any oral communication uttered by a person

exhibiting an expectation that such communication is

not subject to interception under circumstances

justifying such expectation and does not mean any

public oral communication uttered at a public meeting

or any electronic communication) when all of the

parties to the communication have given prior

consent to such interception. Fla. Stat. § 934.03(2)(d)

A person may have a security system when a written

notice is conspicuously posted on the premises stating

that a video surveillance system has been installed for

the purpose of security for the premises, or have a

video surveillance device that is installed in such a

manner that the presence of the device is clearly and

immediately obvious. Fla. Stat. § 810.145(5)(b)‐(c)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

The use of a camera is prohibited without consent of

all persons observed for any events that happen in a

private place. However, a property owner may use a

recording device for security purposes to record the

activities of persons in areas where there is no

reasonable expectation of privacy.

A person may intercept a wire, oral, or electronic

communication where such person is a party to the

communication or one of the parties to the

communication has given prior consent to such

interception. Ga. Code Ann. § 16‐11‐66(a)

It is unlawful for any person, through the use of any

device, without the consent of all persons observed, to

observe, photograph, or record the activities of

another which occur in any private place and out of

public view. However, it is not unlawful for an owner

or occupier of real property to use for security

purposes, crime prevention, or crime detection any

device to observe, photograph, or record the activities

of persons who are on the property or an approach

thereto in areas where there is no reasonable

expectation of privacy. Ga. Code Ann. § 16‐11‐62(2)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not install or use a recording device in a

private place without consent of the persons entitled

to privacy therein.

It is not unlawful for a person not acting under color

of law to intercept a wire, oral, or electronic

communication when the person is a party to the

communication or when one of the parties to the

communication has given prior consent to the

interception, unless the communication is intercepted

for the purpose of committing any criminal or tortious

act that violates the Constitution or laws of the United

States or of Hawaii. Haw. Rev. Stat. § 803‐ 42(b)(3)(A)

It is unlawful to install or use outside a private place

any device for hearing, recording, amplifying, or

broadcasting sounds originating in that place which

It is unlawful to install or use, or both, in any private

place, without consent of the person or persons

entitled to privacy therein, any means or device for

observing, recording, amplifying, or broadcasting

sounds or events in that place. Haw. Rev. Stat. § 711‐

1111(d)

would not ordinarily be audible or comprehensible

outside, without the consent of the person or persons

entitled to privacy therein. Haw. Rev. Stat. § 711‐

1111(e)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may record oral conversations where at least

one of the participants has consented to the recording.

The use of video devices for sexual gratification on a

person who has a reasonable expectation of privacy is

not permitted without that person’s consent.

It is lawful for a person to intercept a wire, electronic

or oral communication when one of the parties to the

communication has given prior consent to such

interception. Though, it is unlawful to intercept any

communication for the purpose of committing any

criminal act. Idaho Code Ann. § 18‐6702(2)(d)‐(e)

It is unlawful, for the intent of sexual gratification, to

install or permit an imaging device at a place where a

person would have a reasonable expectation of privacy

(a place where a person might reasonably expect to be

safe from casual or hostile surveillance by an imaging

device), without the knowledge or consent of the

person using such place. Idaho Code Ann. § 18‐6609(2)

All

All parties to a conversation must give consent before

one can record any part of an oral conversation.

A person may not videotape another without that

person’s consent in a restroom, tanning bed/salon,

locker room, changing room or hotel bedroom, or in

the other person’s residence.

A person may not use an eavesdropping device, in a

surreptitious manner, for the purpose of overhearing,

transmitting, or recording all or any part of any private

conversation to which he or she is not a party unless

he or she does so with the consent of all of the parties

to the private conversation. 720 Ill. Compiled Stat.

5/14‐2(a)(1). One or more of the parties must intend

the communication to be of a private nature under

circumstances reasonably justifying that expectation.

720 Ill. Compiled Stat. 5/14‐1(d)

It is unlawful for any person to knowingly make a video

record or transmit live video of another person in a

restroom, tanning bed, tanning salon, locker room,

changing room, hotel bedroom, or in that other

person's residence without that person's consent. 720

Ill. Compiled Stat. 5/26‐4(a)‐(a‐5)

An individual has the right to record or disclose the

contents of an electronic or telephonic communication

that they are a party to or if one of the parties has

given prior consent to the recording of said

communications.

A person may not place surveillance equipment on

another person’s private property without the owner’s

or tenant’s consent.

"Interception" means the intentional recording or

acquisition of the contents of an electronic

communication by a person other than a sender or

receiver of that communication, without the consent

of the sender or receiver, by means of any instrument,

device, or equipment. Ind. Code Ann.

§ 35‐31.5‐2‐176. A person whose communications

are intercepted, disclosed, or used in violation of the

warrant requirement has a civil cause of action against

a person who intercepts, discloses, uses, or procures

another person to intercept, disclose, or use a

communication in violation of article 35-31.5 which

requires a warrant to legally intercept a

communication. Ind. Code Ann. §35-33.5-5-4

A person who knowingly or intentionally places a

camera or electronic surveillance equipment that

records images or data of any kind while unattended

on the private property of another person without the

consent of the owner or tenant commits a Class A

misdemeanor. Ind. Code Ann. § 35-46-8.5-1

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

The use of a surveillance or monitoring system to

detect or prevent criminal activity is permissible.

A person may not secretly view, photograph or film a

person who is either fully or partially nude without

consent, so long as that subject has a reasonable

expectation of privacy.

Any person, with no right or authority to do so, who by

any electronic or mechanical means listens to, records,

or otherwise intercepts a conversation or

communication of any kind, commits a serious

misdemeanor; provided, that the sender or recipient of

a message or one who is openly present and

participating in or listening to a communication may

record such message or communication. This

prohibition also does not apply to the use of a

“monitoring system” which is defined as “a digital

video or audio streaming or recording device that

records, listens to, or otherwise intercepts video or

audio communications in order to provide proof of or

prevent criminal activity that is placed outside of a

person’s dwelling or other structure that is not in a

shared hallway and is on real property owned or

leased by the person. Iowa Code Ann. § 727.8

A person not acting under color of law may intercept a

wire, oral, or electronic communication if the person is

a party to the communication or if one of the parties

to the communication has given prior consent to the

interception, unless the communication is intercepted

for the purpose of committing a criminal or tortious

act or any other injurious act. Iowa Code Ann. §

808B.2(2)(c)

Additionally, a property owner or lessee may intercept

oral communications with a surveillance system

installed on the property with the knowledge and

consent of all owners and lessees which system is used

to detect or prevent criminal activity on the property

or in an area accessible to the general public in the

immediate vicinity of the property. Iowa Code Ann. §

808B.2(2)(d)

A person who knowingly views, photographs, or films

another person, for the purpose of arousing or

gratifying the sexual desire of any person, commits

invasion of privacy if all of the following apply: (1) the

other person does not have knowledge about and does

not consent or is unable to consent to being viewed,

photographed, or filmed; (2) the other person is in a

state of full or partial nudity; and (3) the other person

has a reasonable expectation of privacy while in a state

of full or partial nudity. Iowa Code Ann. § 709.21

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may not use any device to listen to, record, or

amplify a private conversation in a private place

without the consent of at least one party.

A person may not film or photograph another person

who is nude or in a state of undress without the

person’s consent in a place where the person has a

reasonable expectation of privacy.

Breach of privacy is knowingly and without lawful

authority: (1) intercepting, without the consent of the

sender or receiver, a message by telephone, telegraph,

letter or other means of private communication; or (2)

installing or using outside or inside a private place any

device for hearing, recording, amplifying or

broadcasting sounds originating in such place, which

sounds would not ordinarily be audible or

comprehensible without the use of such device,

without the consent of the person or persons entitled

to privacy therein. Kan. Stat. Ann. § 21‐6101(a)(1), (4)

"Private place" is a place where one may reasonably

expect to be safe from uninvited intrusion or

surveillance. Kan. Stat. Ann. § 21‐6101(f)

Breach of privacy is knowingly and without lawful

authority installing or using a concealed camcorder,

motion picture camera or photographic camera of any

type, to secretly videotape, film, photograph or record

by electronic or other means, another, identifiable

person under or through the clothing being worn by

that other person or another identifiable person who

is nude or in a state of undress, for the purpose of

viewing the body of, or the undergarments worn by,

that other person, without the consent or knowledge

of that other person, with the intent to invade the

privacy of that other person, under circumstances in

which the other person has a reasonable expectation

of privacy. Kan. Stat. Ann. § 21‐6101(a)(6)

A person may not overhear or record an oral

communication without the consent of at least one

party to that communication.

A person may not use a hidden camera or any image‐

recording device to view, photograph or film a person

who is nude or performing sexual conduct without the

person’s consent in a place where the person has a

reasonable expectation of privacy.

A person is guilty of eavesdropping (to overhear,

record, amplify or transmit any part of a wire or oral

communication of others without the consent of at

least one party thereto by means of any electronic,

mechanical or other device) when he intentionally uses

any device to eavesdrop, whether or not he is present

at the time. No offense is committed if the

eavesdropping takes place with the consent of at least

one party to the communication. The offense requires

the use of some type of eavesdropping device and a

person who desires privacy of communication has the

responsibility to take the steps necessary to ensure

that his conversation cannot be overheard by the

ordinary ear. Ky. Rev. Stat. §§ 526.010, .020

A person may not use any camera, videotape, photo

optical, photoelectric, or other image recording device

for the purpose of observing, viewing, photographing,

filming, or videotaping the sexual conduct, genitals, an

undergarment worn without being publicly visible, or

nipple of the female breast of another person without

that person's consent, when the other person is in a

place where a reasonable person would believe that

his or her sexual conduct, genitals, undergarments, or

nipple of the female breast will not be observed,

viewed, photographed, filmed, or videotaped without

his or her knowledge Ky. Rev. Stat. Ann. § 531.090

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not use any type of camera to observe or

record a person where that person has not consented

if the recording is for a lewd or lascivious purpose or

that person is in a place where they have a reasonable

A person not acting under color of law may intercept a

wire, electronic, or oral communication where such

person is a party to the communication or where one

of the parties to the communication has given prior

consent to such interception, unless such

communication is intercepted for the purpose of

committing any criminal or tortious act. La. Rev. Stat.

Ann. § 15:1303(c)(4)

It is prohibited to use any camera or other image

recording device for the purpose of observing,

viewing, photographing, filming, or videotaping a

person where that person has not consented to the

observing, and it is either for a lewd or lascivious

purpose or the observing occurs in a place where an

identifiable person has a reasonable expectation of

privacy. La. Rev. Stat. Ann. § 14:283(a)(1)

expectation of privacy.

Video surveillance is permitted in a short-term rental

structure only in common areas and only if notice of

the surveillance is posted on the premises.

An owner or lessor of a short-term rental structure

may not install or use a camera (a camcorder, motion

picture camera, photographic camera of any type, or

other equipment that is concealed or disguised to

secretly or surreptitiously videotape, film, photograph,

record, or view a person by electronic means) on the

premises of a short-term rental structure except in

common areas (all areas other than bedrooms and

bathrooms), and then only if the statutory notice of

installation of the surveillance equipment is

conspicuously posted on the premises . La. Rev. Stat.

Ann. § 21:61

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may not record a private conversation with

any device unless he is in the range of normal unaided

hearing, a participant in the conversation, or consent

to record was given by at least one of the parties to

the conversation.

A person may not use a recording device in a private

place without consent of the persons entitled to

privacy therein.

A person may not intentionally or knowingly intercept

(to hear, record or aid another to hear or record the

contents of any wire or oral communication through

the use of any intercepting device by any person other

than: (a) the sender or receiver of that communication;

(b) a person within the range of normal unaided

hearing or subnormal hearing corrected to not better

than normal; or (c) a person given prior authority by

the sender or receiver), attempt to intercept or

procure any other person to intercept or attempt to

intercept any wire or oral communication. Me. Rev.

Stat. Ann. tit. 15, §§ 709, 710

A person may not: (1) install or use in a private place

without the consent of the person or persons entitled

to privacy in that place, any device for observing,

photographing, recording, amplifying or broadcasting

sounds or events in that place; or (2) install or use

outside a private place without the consent of the

person or persons entitled to privacy therein, any

device for hearing, recording, amplifying or

broadcasting sounds originating in that place that

would not ordinarily be audible or comprehensible

outside that place. Me. Rev. Stat. Ann. tit. 17‐A, §

511(1)(b)‐(c)

All

It is lawful to record a communication where the

person recording is a party to the communication and

all of the parties to the communication give consent.

A person may not use a camera on private property to

record or observe those inside, without consent by the

persons residing therein. Though, a person may place a

camera on private property if there is no intent to

conduct deliberate surreptitious observation of an

individual inside the private residence.

It is lawful for a person to intercept a wire, oral, or

electronic communication where the person is a party

to the communication and where all of the parties to

the communication have given prior consent to the

interception unless the communication is intercepted

for the purpose of committing any criminal or tortious

act. Md. Code Ann., Cts. & Jud. Proc. § 10‐402(c)(3)

A person may not place or procure another to place a

camera on real property where a private residence is

located to conduct deliberate surreptitious

observation of an individual inside the private

residence. This does not apply to: (1) an adult resident

of the private residence where a camera is placed; (2)

a person who places or procures another to place a

camera on real property without the intent to conduct

deliberate surreptitious observation of an individual

inside the private residence; (3) a person who has

obtained the consent of an adult resident, or the adult

resident's legal guardian, to place a camera on real

property to conduct deliberate surreptitious

observation of an individual inside the private

residence; (4) filming conducted by a person by or for

the print or broadcast media through use of a camera

that is not secreted from view; or (5) filming of a

private residence by a person through use of a camera

that is not located on the real property where the

private residence is located. Md. Code Ann., Crim.

Law § 3‐903(b), (c)

All

All parties to a conversation must give consent before

one can record any private oral conversation.

A person may not photograph, videotape or use any

electronic device to secretly observe another person in

the nude without consent in areas where the subject

would have a reasonable expectation of privacy.

A person may not willfully commit an interception (to

secretly hear, secretly record, or aid another to

secretly hear or secretly record the contents of any

wire or oral communication through the use of any

intercepting device by any person other than a person

given prior authority by all parties to such

communication), attempt to commit an interception,

or procure any other person to commit an interception

or to attempt to commit an interception of any wire or

oral communication. Mass. Ann. Laws ch. 272, § 99(C)

A person may not willfully photograph, videotape or

electronically surveil another person who is nude or

partially nude, with the intent to secretly conduct or

hide such activity, when the other person in such place

and circumstance would have a reasonable

expectation of privacy in not being so photographed,

videotaped or electronically surveilled, and without

that person's knowledge and consent. Mass. Gen.

Laws ch. 272, § 105(b)

Note that Massachusetts courts have interpreted the

statute to permit open recording by cameras or cell

phones with an audio component when such recording

device is in plain sight.

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

All

All parties to a conversation must give consent before

one may record any private oral conversation.

A person may not use a recording device in a private

place without consent of the persons entitled to

privacy therein. Home security monitoring devices can

be used unless for a lewd or lascivious purpose.

Any person who is present or who is not present

during a private conversation and who willfully uses

any device to eavesdrop upon the conversation

without the consent of all parties thereto, or who

knowingly aids, employs or procures another person

to do the same commits a felony. Mich. Comp. Laws §

750.539c

The Michigan statute is often interpreted as an “all

party consent” state, however, one court has

interpreted the eavesdropping statute to allow a

person in the conversation to record the same.

Sullivan v. Gray, 117 Mich. App. 476, 324 N.W.2d 58

(1982)

A person may not install, place, or use in any private

place, without the consent of the person or persons

entitled to privacy in that place, any device for

observing, recording, transmitting, photographing, or

eavesdropping upon the sounds or events in that

place. This does not prohibit home security

monitoring devices unless used for a lewd or

lascivious purpose. Mich. Comp. Laws § 750.539d

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not trespass on private property to

install or use any type of device for observing or

recording sounds or events in either another person’s

home, a hotel room, tanning booth or any location

where a person would have a reasonable expectation

of privacy and either has undressed or will likely

expose their intimate parts.

Commercial property owners may use surveillance

devices as long as they post conspicuous signs warning

of such.

It is not unlawful for a person not acting under color of

law to intercept a wire, electronic, or oral

communication where such person is a party to the

communication or where one of the parties to the

communication has given prior consent to such

interception unless such communication is intercepted

for the purpose of committing any criminal or tortious

act. Minn. Stat. § 626A.02(2)(d)

A person may not enter upon another's property,

surreptitiously install or use any device for observing or

recording sounds or events through the window or any

other aperture of a dwelling of another and do so with

intent to intrude upon or interfere with the privacy of a

member of the household; or surreptitiously install or

use any device in a sleeping room in a hotel, a tanning

booth, or other place where a reasonable person

would have an expectation of privacy and has exposed

or is likely to expose their intimate parts or the clothing

covering the immediate area of the intimate parts, and

does so with intent to intrude upon or interfere with

the privacy of the occupant. This does not apply to

commercial buildings using surveillance systems when

conspicuous signs are posted. Minn. Stat. §

609.746(b)‐(c)-(f)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not photograph, film or produce any

images of another person with lewd, licentious or

indecent intent without that person’s consent while in

an area where there would be a reasonable

expectation of privacy.

A person not acting under color of law may intercept a

wire, oral or other communication if the person is a

party to the communication, or if one of the parties to

the communication has given prior consent to the

interception unless the communication is intercepted

for the purpose of committing any criminal or tortious

act. Miss. Code Ann. § 41‐29‐531(e)

A person may not with lewd, licentious or indecent

intent to photograph, film, videotape, record or

otherwise reproduces the image of another person

without the permission of the other person when the

other person is located in a place where a person

would intend to be in a state of undress and have a

reasonable expectation of privacy, including, but not

limited to, private dwellings or any facility, public or

private, used as a restroom, bathroom, shower room,

tanning booth, locker room, fitting room, dressing

room or bedroom. Miss. Code Ann. § 97‐29‐63(1)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may record oral conversations if either the

person is a party to the conversation or at least one of

the participants has consented to the recording.

A person may not photograph or record a fully or

partially nude person in a place where the person has a

reasonable expectation of privacy and where the

person has not provided consent.

A person not acting under law may intercept a wire

communication where such person is a party to the

communication or where one of the parties to the

communication has given prior consent to such

interception unless such communication is intercepted

for the purpose of committing any criminal or tortious

act. Mo. Rev. Stat. § 542.402(2)(3)

A person may not photograph, film, videotape,

produce, or otherwise create an image of another

person, without the person's consent, while the person

is in a state of full or partial nudity and is in a place

where one would have a reasonable expectation of

privacy; or photograph, film, videotape, produce, or

otherwise create an image of another person under or

through the clothing worn by that other person for the

purpose of viewing the body of or the undergarments

worn by that other person without that person's

consent. Mo. Rev. Stat. § 565.252(1)(1)‐(2)

All

A person may not record a conversation by use of a

hidden electronic or mechanical device without the

knowledge of all parties to the conversation. The

prohibition does not apply, however, to the recording

of individuals given warning of the recording.

A person may not surreptitiously photograph or record

any occupant of a home, apartment or other residence

without the occupant’s knowledge.

A person may not record or cause to be recorded a

conversation by use of a hidden electronic or

mechanical device that reproduces a human

conversation without the knowledge of all parties to

the conversation. However, this does not apply to

persons given warning of the transcription or

recording, and if one person provides the warning,

either party may record. Mont. Code Ann. § 45‐8‐

213(c)

A person commits the offense of surreptitious visual

observation or recordation in a place of residence if

the person purposely or knowingly hides, waits, or

otherwise loiters in person or by means of a remote

electronic device within or in the vicinity of a private

dwelling house, apartment, or other place of residence

for the purpose of: watching, gazing at, or looking

upon any occupant in the residence in a surreptitious

manner without the occupant's knowledge; or by

means of an electronic device, surreptitiously

observing or recording the visual image of any

occupant in the residence without the occupant's

knowledge. Mont. Code Ann. § 45‐5‐223(1)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not photograph or record the intimate

areas of another person without their knowledge or

consent where the person has a reasonable

expectation of privacy.

A person not acting under color of law may intercept a

wire, electronic, or oral communication when such

person is a party to the communication or when one of

the parties to the communication has given prior

consent to such interception unless such

communication is intercepted for the purpose of

committing any criminal or tortious act. Neb. Rev. Stat.

§ 86‐290(2)(c)

It is unlawful for any person to knowingly photograph,

film, record, or live broadcast an image of the intimate

area (the naked or undergarment‐clad genitalia, pubic

area, buttocks, or female breast of an individual) of any

other person without his or her knowledge and

consent when his or her intimate area would not be

generally visible to the public regardless of whether

such other person is located in a public or private

place. Neb. Rev. Stat. § 28‐311.08(2)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may not surreptitiously record any private

conversation engaged in by other persons unless

authorized to do so by one of the parties to the

conversation.

A person may not photograph or record the private

anatomical area of another person where that person

has not consented and is in a place where they have a

reasonable expectation of privacy.

A person shall not intrude upon the privacy of other

persons by surreptitiously listening to, monitoring or

recording, or attempting to listen to, monitor or

record, by means of any mechanical, electronic or

other listening device, any private conversation

engaged in by the other persons, or disclose the

existence, content, substance, purport, effect or

meaning of any conversation so listened to, monitored

or recorded, unless authorized to do so by one of the

persons engaging in the conversation. Nev, Rev. Stat. §

200.650

The Nevada Supreme Court has held that all parties

must consent to the recording of a telephone

communication, even if the person recording is a party

to the communication. Lane v. Allstate Ins. Co., 114

Nev. 1176, 969 P.2d 938 (1998).

A person shall not knowingly and intentionally capture

an image of the private area (the naked or

undergarment clad genitals, pubic area, buttocks or

female breast of a person) of another person: without

the consent of the other person; and under

circumstances in which the other person has a

reasonable expectation of privacy. Nev. Rev. Stat. §

200.604(1)

All

All parties to a conversation must give consent before

one can record any oral conversation.

A person may not use a device inside any private place

to transmit images or sounds, without consent by the

persons entitled to privacy therein. A person may not

use a device outside a private place transmitting

images or sounds originating in such place which

would not ordinarily be audible or comprehensible

outside such place, without consent by the persons

entitled to privacy therein.

A person, without the consent of all parties to the

communication, may not: (1) willfully intercept,

endeavor to intercept, or procure any other person to

intercept or endeavor to intercept, any

telecommunication or oral communication; or (2)

willfully use, endeavor to use, or procure any other

person to use or endeavor to use any electronic,

mechanical, or other device to intercept any oral

communication. N.H. Rev. Stat. Ann. § 570‐ A:2(1)

A person may not, without the consent of the persons

entitled to privacy therein, install or use: (1) in any

private place (place where one may reasonably expect

to be safe from surveillance), any device for the

purpose of observing, photographing, recording,

amplifying or broadcasting, or in any way transmitting

images or sounds in such place; or (2) outside a private

place, any device for the purpose of hearing,

recording, amplifying, broadcasting, or in any way

transmitting images or sounds originating in such place

which would not ordinarily be audible or

comprehensible outside such place. N.H. Rev. Stat.

Ann § 644:9(1)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not photograph or record the intimate

parts of another person or one engaged in a sexual act

in a place where the person has a reasonable

expectation of privacy and where that person has not

given consent.

A person not acting under color of law may intercept a

wire, electronic or oral communication, where such

person is a party to the communication or one of the

parties to the communication has given prior consent

to such interception unless such communication is

intercepted or used for the purpose of committing any

criminal or tortious act. N.J. Stat. Ann. § 2A:156A‐4(d)

A person may not photograph, film, videotape, record,

or otherwise reproduce in any manner, the image of

another person whose intimate parts are exposed or

who is engaged in an act of sexual penetration or

sexual contact, without that person's consent and

under circumstances in which a reasonable person

would not expect to be observed. N.J. Stat. Ann. §

2C:14‐9(b)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

The reading, interrupting, taking or copying of any

communication is unlawful without the consent of one

of the parties to said communication.

A person may not photograph or record the intimate

areas of a nonconsenting person in a place where the

person has a reasonable expectation of privacy.

Illegal interference with communications consists of

knowingly and without lawful authority: reading,

interrupting, taking or copying any message,

communication or report intended for another by

telegraph or telephone without the consent of a

sender or intended recipient thereof. N.M. Stat. Ann. §

30‐12‐1(c)

A person may not intentionally use the unaided eye to

view or intentionally use an instrumentality to view,

photograph, videotape, film, webcast or record the

intimate areas of another person without the

knowledge and consent of that person: (1) while the

person is in the interior of a bedroom, bathroom,

changing room, fitting room, dressing room or tanning

booth or the interior of any other area in which the

person has a reasonable expectation of privacy; or (2)

under circumstances where the person has a

reasonable expectation of privacy, whether in a public

or private place. N.M. Stat. Ann. § 30‐9‐20(A)

A person may record oral conversations where at least

one of the participants has consented to the recording.

A person may install a security system for the purpose

of security where written notice is conspicuously

posted or its presence is clearly and immediately

obvious.

A person is guilty of eavesdropping when he unlawfully

engages in wiretapping, mechanical overhearing of a

conversation (the intentional overhearing or recording

of a conversation or discussion, without the consent of

at least one party thereto, by a person not present

thereat, by means of any instrument, device or

equipment), or intercepting or accessing of an

electronic communication. N.Y. Penal Law § 250.05

A person may not, for no legitimate purpose,

intentionally use or install, or permit the utilization or

installation of an imaging device to surreptitiously

view, broadcast or record a person in a bedroom,

changing room, fitting room, restroom, toilet,

bathroom, washroom, shower or any room assigned

to guests or patrons in a motel, hotel or inn, without

such person's knowledge or consent. This does not

apply when a person installs a security system wherein

a written notice is conspicuously posted on the

premises stating that a video surveillance system has

been installed for the purpose of security, or when

video surveillance devices are installed in such a

manner that their presence is clearly and immediately

obvious. N.Y. Penal Law § 250.45, .65

A person may record an oral conversation with the

consent of at least one party to the communication.

A person may not photograph or record, for the

purpose of arousing sexual desire of any person, a

nonconsenting person in a room where the person has

a reasonable expectation of privacy.

A person may not, without the consent of at least one

party to the communication, willfully intercept,

endeavor to intercept, or procure any other person to

intercept or endeavor to intercept, any wire, oral (any

oral communication uttered by a person exhibiting an

expectation that such communication is not subject to

interception under circumstances justifying such

expectation), or electronic communication. N.C. Gen.

Stat. Ann. § 15A‐287(a)(1)

A person may not, for the purpose of arousing or

gratifying the sexual desire of any person, secretly or

surreptitiously use or install in a room any device that

can be used to create a photographic image with the

intent to capture the image of another without their

consent. N.C. Gen. Stat. Ann. § 14‐202(f)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not enter another person’s property to

photograph or record sounds or events from a dwelling

with the intent to intrude upon or interfere with the

privacy of another.

A person may not intentionally intercept any wire or

oral communication by use of any electronic,

mechanical, or other device, unless the person was a

party to the communication or one of the parties to

the communication had given prior consent to such

interception, and such communication was not

intercepted for the purpose of committing a crime or

other unlawful harm. N.D. Cent. Code § 12.1‐15‐

02(1)(a), (3)(c)

An individual, with the intent to arouse, appeal to, or

gratify that individual's lust, passions, or sexual desires,

commits a crime if that individual, with intent to

intrude upon or interfere with the privacy of another,

enters upon another's property and surreptitiously

installs or uses any device for observing,

photographing, recording, amplifying, or broadcasting

sounds or events from a house or place of dwelling of

another. N.D. Cent. Code § 12.1‐20‐12.2(1)(b)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not surreptitiously videotape another

for the purpose of viewing the body/undergarments of

that person.

A person may intercept a wire, oral (must have

justifiable expectation that the communication is not

subject to interception), or electronic communication,

if the person is a party to the communication or if one

of the parties to the communication has given the

person prior consent to the interception, and if the

communication is not intercepted for the purpose of

committing a criminal offense or tortious act. Ohio

Rev. Code Ann. § 2933.52(B)(4)

No person shall secretly or surreptitiously videotape,

film, photograph, or otherwise record another person

under or through the clothing being worn by that other

person for the purpose of viewing the body of, or the

undergarments worn by, that other person. Ohio Rev.

Code Ann. § 2907.08(D)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not record, in a clandestine manner for

any illegal, illegitimate, prurient, lewd or lascivious

purpose, a nonconsenting person in a place where

there is a reasonable expectation of privacy.

A person not acting under color of law may intercept a

wire, oral or electronic communication when such

person is a party to the communication or when one of

the parties to the communication has given prior

consent to such interception unless the

communication is intercepted for the purpose of

committing any criminal act. Okla. Stat. Ann. tit. 13, §

176.4(5)

Legislation proposed in 2017 and carried over to 2018,

H.B. 2309, which would have made Oklahoma an “all

party consent” state, did not pass.

A person may not use photographic, electronic or

video equipment in a clandestine manner for any

illegal, illegitimate, prurient, lewd or lascivious purpose

with the unlawful and willful intent to view, watch,

gaze or look upon any person without the knowledge

and consent of such person when the person viewed is

in a place where there is a right to a reasonable

expectation of privacy. Okla. Stat. Ann. tit. 21, §

1171(B)

All

A person may not record an in-person, oral

communication unless all of the participants are

informed that the conversation is being recorded. For

electronic communications, a person may record if

they either are a party to the communication or one of

the parties has consented to the recording.

A person may not photograph or record another

nonconsenting person’s intimate area in a place

where there is a reasonable expectation of privacy.

A person may not obtain or attempt to obtain the

whole or any part of a conversation by means of any

device, contrivance, machine or apparatus, whether

electrical, mechanical, manual or otherwise, if not all

participants in the conversation are specifically

informed that their conversation is being obtained. Or.

Rev. Stat. Ann. §§ 165.540(1)(c)

A person may not knowingly make or record a

photograph, motion picture, videotape or other visual

recording of another person’s intimate area without

the consent of the other person, and the person being

recorded has a reasonable expectation of privacy

concerning the intimate area. Or. Rev. Stat. Ann. §

163.700(1)(a)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

All

A person may not record an oral communication

unless all parties to the communication consent.

A person may not photograph or record a fully or

partially nude person in a place where the person has a

reasonable expectation of privacy and has not provided

consent.

A person may intercept a wire, electronic or oral

communication (any oral communication uttered by a

person possessing an expectation that such

communication is not subject to interception under

circumstances justifying such expectation), where all

parties to the communication have given prior consent

to such interception. 18 Pa. Cons. Stat. Ann. § 5704(4)

A person may not, for the purpose of arousing or

gratifying the sexual desire of any person, view,

photograph, videotape, electronically depict, film or

otherwise record another person without that person's

knowledge and consent while that person is in a state

of full or partial nudity and is in a place where that

person would have a reasonable expectation of

privacy. 18 Pa. Cons. Stat. Ann. § 7507.1(a)(1)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not photograph or record the intimate

areas of a person in a place where the person has a

reasonable expectation of privacy and has not

provided consent.

A person not acting under color of law may intercept a

wire, electronic, or oral communication, where the

person is a party to the communication, or one of the

parties to the communication has given prior consent

to the interception unless the communication is

intercepted for the purpose of committing any criminal

or tortious act. R.I. Gen. Laws § 11‐35‐21(c)(3)

An individual may also disclose the content of any

electronic or in-person communication that is common

knowledge or public information.

A person may not, for the purpose of sexual arousal,

gratification or stimulation, use, install or permit the

use or installation of an imaging device to capture,

record, store or transmit visual images of the intimate

areas of another person without that other person's

knowledge and consent, and under circumstances in

which that other person would have a reasonable

expectation of privacy. R.I. Gen. Laws § 11‐64‐2(1)(a)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not eavesdrop or use audio or video

equipment to spy on or invade the privacy of others;

the use of security surveillance measures in business

establishments is permissible.

It is lawful for a person not acting under color of law to

intercept a wire, oral, or electronic communication

where the person is a party to the communication or

where one of the parties to the communication has

given prior consent to the interception. S.C. Code Ann.

§ 17‐30‐30(C)

It is unlawful for a person to be an eavesdropper or a

peeping tom on or about the premises of another or to

go upon the premises of another for the purpose of

becoming an eavesdropper or a peeping tom. The term

"peeping tom", is defined as a person who peeps

through windows, doors, or other like places, on or

about the premises of another, for the purpose of

spying upon or invading the privacy of the persons

spied upon and any other conduct of a similar nature,

that tends to invade the privacy of others. The term

also includes any person who employs the use of video

or audio equipment for such.

This does not apply to security surveillance for the

purposes of decreasing or prosecuting theft,

shoplifting, or other security surveillance measures in

bona fide business establishments or any bona fide

news gathering activities. S.C. Code Ann. § 16‐17‐

470(A), (E)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may record oral conversations where at least

one of the participants has consented to the recording.

A person may not use a recording device in a private

place without the consent of the persons entitled to

privacy therein.

A person, who is not present during a conversation or

discussion, may not intentionally and by means of an

eavesdropping device overhear or record the

conversation or discussion, or aid, authorize, employ,

procure, or permit another to do so, without the

consent of a party to the conversation or discussion.

S.D. Codified Laws § 23A‐35A‐20(2)

A person may not install in any private place, without

the consent of the person or persons entitled to

privacy there, any device for observing, photographing,

recording, amplifying, or broadcasting sounds or

events in such place, or use any such unauthorized

installation. S.D. Codified Laws § 22‐21‐1(2)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not photograph or record, for the

purpose of sexual arousal or gratification, a person

who has not consented when the person has a

reasonable expectation of privacy and the image would

offend or embarrass an ordinary person.

A person not acting under color of law may intercept a

wire, oral, or electronic communication, where the

person is a party to the communication or where one

of the parties to the communication has given prior

consent to the interception, unless the communication

is intercepted for the purpose of committing any

criminal or tortious act. Tenn. Code Ann. § 39‐13‐

601(b)(5)

Legislation proposed in 2018, H.B. 1528, which would

have made Tennessee an “all party consent” state did

not pass.

A person may not knowingly photograph (includes

video recording), or cause to be photographed an

individual, when the individual has a reasonable

expectation of privacy, without the prior effective

consent of the individual, if the photograph would

offend or embarrass an ordinary person if such person

appeared in the photograph and was taken for the

purpose of sexual arousal or gratification of the

defendant. Tenn. Code Ann. § 39‐ 13‐605(a)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not photograph or record an intimate

area of another person without the consent of that

person and where that person has a reasonable

expectation of privacy.

A person not acting under color of law may intercept a

wire, oral, or electronic 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, unless the communication is intercepted

for the purpose of committing an unlawful act. Tex.

Penal Code Ann. § 16.02(c)(4)

A person may not, with the intent to invade the

privacy of another, photograph or by videotape or

other electronic means record, broadcast, or transmit

a visual image of an intimate area of another person,

without that person’s consent, if the other person has

a reasonable expectation that the intimate area is not

subject to public view. Tex. Penal Code Ann. §

21.15(b)(1)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not use a recording device in a private

place without the consent of the persons entitled to

privacy therein or use a recording device outside a

private place for sounds that would not be ordinarily

audible outside.

A person not acting under color of law may intercept a

wire, electronic, or oral communication if that person

is a party to the communication or one of the parties

to the communication has given prior consent to the

interception, unless the communication is intercepted

for the purpose of committing any criminal or tortious

act. Utah Code Ann. § 77‐23a‐4(7)(b)

Legislation proposed in 2018, H.B. 330, which would

have made Utah an “all party consent” state did not

pass.

A person may not install in any private place, without

the consent of the person or persons entitled to

privacy there, any device for observing, photographing,

recording, amplifying, or broadcasting sounds or

events in the place or uses any such unauthorized

installation; or install or use outside of a private place

any device for hearing, recording, amplifying, or

broadcasting sounds originating in the place which

would not ordinarily be audible, visible, or

comprehensible outside the private place, without the

consent of the person or persons entitled to privacy

there. Utah Code Ann. § 76‐9‐ 402(1)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

N/A

No specific state law, but case law has held that

surreptitious electronic monitoring of communications

in a person’s home is an unlawful invasion of privacy.

A person may not secretly photograph or record a

person in a place where the person has a reasonable

expectation of privacy within a residence and has not

consented to such surveillance.

There are no specific statutes in Vermont addressing

interception of communications, but the Vermont

Supreme Court has held that surreptitious electronic

monitoring of communications in a person’s home is

an unlawful invasion of privacy. Vermont v. Geraw,

795 A.2d 1219 (Vt. 2002)

A person may not intentionally conduct surveillance or

intentionally photograph, film, or record in any format

a person without that person's knowledge and consent

while the person being surveilled, photographed,

filmed, or recorded is in a place where he or she would

have a reasonable expectation of privacy within a

home or residence. This does not apply to security or

theft prevention policies or programs at a place of

business. Vt. Stat. Ann. tit. 13, § 2605(d), (f)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not photograph or record a fully or

partially nude nonconsenting person, in a place where

the person has a reasonable expectation of privacy.

A person may intercept a wire, electronic or oral

communication, where such person is a party to the

communication or one of the parties to the

communication has given prior consent to such

interception. Va. Code Ann. § 19.2‐62(B)(2)

It is unlawful for any person to knowingly and

intentionally create any videographic or still image by

any means whatsoever of any nonconsenting person if:

(1) that person is totally nude, clad in undergarments,

or in a state of undress so as to expose the genitals,

pubic area, buttocks or female breast in a restroom,

dressing room, locker room, hotel room, motel room,

tanning bed, tanning booth, bedroom or other location;

or (2) the videographic or still image is created by

placing the lens or image-gathering component of the

recording device in a position directly beneath or

between a person's legs for the purpose of capturing

an image of the person's intimate parts or

undergarments they would not otherwise be visible to

the general public; and when the circumstances set

forth in (1) or (2) are otherwise such that the person

being recorded would have a reasonable expectation of

privacy. Va. Code Ann. § 18.2‐386.1(A)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

All

A person may not record a conversation unless all of

the participants give consent or are first informed that

the conversation will be recorded and such

announcement is recorded as well.

A person may not photograph or record, for the

purpose of arousing or gratifying the sexual desire of

any person, another nonconsenting person in a place

where he or she has a reasonable expectation of

privacy.

A person may not intercept or record a private

conversation, by any device, electronic or otherwise,

designed to record or transmit such conversation

regardless how the device is powered or actuated

without first obtaining the consent of all the persons

engaged in the conversation. However, consent shall

be considered obtained whenever one party has

announced to all other parties engaged in the

communication or conversation, in any reasonably

effective manner, that such communication or

conversation is about to be recorded or transmitted,

provided that if the conversation is to be recorded

that said announcement must also be recorded.

Wash. Rev. Code Ann. § 9.73.030(1)(b), (3)

A person may not, for the purpose of arousing or

gratifying the sexual desire of any person, knowingly

view, photograph, or film: another person without that

person's knowledge and consent while the person

being viewed, photographed, or filmed is in a place

where he or she would have a reasonable expectation

of privacy; or the intimate areas of another person

without that person's knowledge and consent and

under circumstances where the person has a

reasonable expectation of privacy, whether in a public

or private place. Wash. Rev. Code Ann. § 9A.44.115(2)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not secretly photograph or record a fully

or partially nude person in a place where the person

has a reasonable expectation of privacy.

A person may intercept a wire, oral or electronic

communication where the person is a party to the

communication or where one of the parties to the

communication has given prior consent to the

interception unless the communication is intercepted

for the purpose of committing any criminal or tortious

act. W. Va. Code § 62‐1D‐3(e)

It is unlawful for a person to knowingly visually portray

another person without that other person's

knowledge, while that other person is fully or partially

nude and is in a place where a reasonable person

would have an expectation of privacy. W. Va. Code §

61‐8‐28(b)

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not install or use a surveillance device in

a private place to view a nude or partially nude person

without that person’s consent.

A person not acting under color of law may intercept a

wire, electronic or oral communication where the

person is a party to the communication or where one

of the parties to the communication has given prior

consent to the interception unless the communication

is intercepted for the purpose of committing any

criminal or tortious act or for the purpose of

committing any other injurious act. A person may

intercept an electronic communication where such

communication is readily accessible to the general

public. Wis. Stat. Ann. § 968.31(2)(c), (d)

Evidence obtained as the result of the use of voice

recording equipment for recording of telephone

conversations, by way of interception of a

communication or in any other manner, shall be totally

A person may not knowingly install a surveillance

device in any private place, or use a surveillance

device to observe in a private place, with the intent to

observe any nude or partially nude person without the

consent of the person observed. Wis. Stat. Ann. §

942.08(2)(a)

inadmissible in Wisconsin courts in civil actions. Wis.

Stat. Ann. § 885.365(1)

STATE

1 or All

Party

Consent

Summary

Statute ‐ Communications

Statute ‐ Videos

A person may record oral conversations where either

the person is a party to the conversation or at least

one of the participants has consented to the recording.

A person may not photograph or record, in a

surreptitious nature, a nonconsenting person in an

enclosed place where the person has a reasonable

expectation of privacy.

A person may intercept an oral, wire or electronic

communication where the person is a party to the

communication or where one of the parties to the

communication has given prior consent to the

interception unless the communication is intercepted

for the purpose of committing any criminal or tortious

act. Wyo. Stat. Ann. § 7‐3‐702(b)(iv)

A person may not, without the consent of the person

being viewed, look in a clandestine, surreptitious,

prying or secretive nature (includes the use of a video

or imaging device) into an enclosed area where the

person being viewed has a reasonable expectation of

privacy, including, but not limited to: restrooms; baths;

showers; or dressing or fitting rooms. Wyo. Stat. Ann.

§ 6‐4‐304(a)