Ark. Code Ann. § 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.

(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.

(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.

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.

(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.

(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 .

(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.

(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 .

(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 .

(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 .

another person via the internet; or (iii) Has previously been convicted of a violation of this section or § 5-16-102 .

(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) .

(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) .