Legal Information: Arkansas

Statutes: Arkansas

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Updated: 
February 14, 2022

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).

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