Arkansas Surveillance Camera Laws (2026 Guide)
Overview of Arkansas Surveillance Camera Laws
Arkansas does not have a single comprehensive surveillance camera statute. Instead, several laws work together to regulate where and how cameras can be used throughout the state. The key statutes include A.C.A. 5-16-101 (video voyeurism), A.C.A. 5-16-102 (voyeurism), A.C.A. 5-60-120 (interception and recording of communications), and A.C.A. 5-60-103 (unlawful use of unmanned aircraft systems).
The common thread across all of these laws is the concept of a "reasonable expectation of privacy." Surveillance cameras are generally legal in Arkansas when used in areas where people do not have a reasonable expectation of privacy, such as public streets, front yards, and common areas of businesses. Recording becomes illegal when cameras are placed to capture images or audio in private spaces without consent.
Understanding these laws is essential for homeowners installing security systems, employers setting up workplace monitoring, and anyone who wants to protect their own privacy rights.
Home Security Camera Laws in Arkansas
Arkansas law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and keeping an eye on their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installation.
Where You Can Place Home Security Cameras
You can legally place cameras in the following areas of your property:
- Front door and porch areas for monitoring visitors and package deliveries
- Driveways and garages to record vehicle activity
- Backyards to monitor your own property
- Common living areas inside your home, such as living rooms and kitchens
- Exterior walls aimed at your own property boundaries
Where You Cannot Place Home Security Cameras
Cameras become illegal when they are positioned to record areas where people have a reasonable expectation of privacy:
- Bathrooms and restrooms in your home where guests or residents expect privacy
- Guest bedrooms where visitors are staying
- Pointed directly into a neighbor's windows or interior living spaces
- Any area where someone is undressing or engaged in private activities
Under A.C.A. 5-16-101, it is unlawful to use any camera or image recording device to secretly observe, view, photograph, film, or videotape another person who is in a private area out of public view, has a reasonable expectation of privacy, and has not consented to the observation. Violating this provision for a first or second offense is a Class D felony.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras like Ring, Nest, and Arlo are legal in Arkansas. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and recording is permitted.
However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under Arkansas law. Position your smart cameras to focus primarily on your own property and public areas.
Audio Recording on Home Security Cameras
Many modern security cameras include microphone capabilities. In Arkansas, audio recording is governed separately from [video recording under A.C.A. 5-60-120. Arkansas follows a one-party consent rule, meaning you can record a conversation if you are a participant or if one party to the conversation has given prior consent](/is-it-illegal-to-video-record-someone-without-their-consent).
For outdoor security cameras that pick up ambient sounds and conversations of passersby, the law is less clear. The safest approach is to either disable audio recording on exterior cameras or post visible signage indicating that audio and video recording is in progress. This way, anyone who continues a conversation within range of the camera has arguably given implied consent.
Workplace Surveillance Camera Laws in Arkansas
Arkansas does not have a specific statute governing workplace video surveillance. Employers in the state generally follow federal law and common-law privacy principles when installing cameras at work.
What Employers Can Do
Employers may install video surveillance cameras in the following areas:
- Lobbies, hallways, and reception areas for security purposes
- Parking lots to protect employees and company property
- Warehouses and production floors to monitor operations
- Cash register areas to prevent theft
- Loading docks and entry points for security
What Employers Cannot Do
Even without a specific state statute, employers face restrictions based on privacy tort law and federal guidelines:
- Restrooms and changing areas are always off-limits for surveillance
- Break rooms may raise privacy concerns depending on the circumstances
- Union meeting areas are protected under the National Labor Relations Act
- Private offices where employees have a reasonable expectation of privacy may require notice
Audio Surveillance at Work
Employers who use cameras with audio recording capabilities must comply with A.C.A. 5-60-120. Since Arkansas is a one-party consent state, an employer cannot record private conversations between employees unless at least one party to the conversation has consented. The best practice for employers is to provide written notice to all employees that audio and video surveillance is in use and to obtain signed acknowledgments.
Employee Notification
While Arkansas does not require employers to notify employees of video-only surveillance, providing notice is strongly recommended. A clear workplace surveillance policy should outline where cameras are located, whether audio is recorded, how footage is stored, who has access to recordings, and how long recordings are retained. This transparency helps employers avoid invasion of privacy claims.
Hidden Cameras and Video Voyeurism Laws
Arkansas takes hidden camera crimes seriously. The state has two primary statutes addressing voyeurism and video voyeurism.
A.C.A. 5-16-101: Crime of Video Voyeurism
Arkansas Code 5-16-101 makes it unlawful to use a camera, videotape, photo-optical, photoelectric, or any other image recording device to secretly observe, view, photograph, film, or videotape another person who:
- Is present in a residence, place of business, school, or other structure
- Is in a private area out of public view
- Has a reasonable expectation of privacy
- Has not consented to the observation
This statute also specifically addresses the use of unmanned vehicles or aircraft (drones), camcorders, and concealed cameras used to secretly record another person's body when that person has a reasonable expectation of privacy.
Penalties for Video Voyeurism
| Offense | Classification | Maximum Jail/Prison Time | Maximum Fine |
|---|---|---|---|
| First offense (A.C.A. 5-16-101(a)) | Class D Felony | Up to 6 years | $10,000 |
| Second offense (A.C.A. 5-16-101(a)) | Class D Felony | Up to 6 years | $10,000 |
| Third or subsequent offense (A.C.A. 5-16-101(a)) | Class C Felony | 3 to 10 years | $10,000 |
| Concealed/drone recording (A.C.A. 5-16-101(b)) | Class B Misdemeanor | Up to 90 days | $1,000 |
| Distribution of recording (A.C.A. 5-16-101(b)) | Class A Misdemeanor | Up to 1 year | $2,500 |
A.C.A. 5-16-102: Voyeurism
Arkansas Code 5-16-102 addresses non-electronic voyeurism, such as physically looking into a private area for the purpose of sexual arousal or gratification. This applies to looking into a private place that is part of a public accommodation where a person may reasonably be expected to be nude or partially nude.
Voyeurism under this statute is generally a Class A misdemeanor (up to 1 year in jail and $2,500 fine). It becomes a Class D felony if the victim is under 17 years old and the offender holds a position of trust or authority over the victim, or if the offender has prior voyeurism or video voyeurism convictions.
Audio Recording Laws (One-Party Consent)
Arkansas is a one-party consent state for audio recording. A.C.A. 5-60-120 governs the interception and recording of communications.
What the Law Says
It is unlawful to intercept a wire, landline, oral, telephonic, or wireless communication, and to record or possess a recording of the communication, unless:
- The person recording is a party to the communication, or
- One of the parties to the communication has given prior consent to the interception and recording
What One-Party Consent Means in Practice
If you are part of a conversation, whether in person, on the phone, or through any electronic means, you can legally record it without telling the other participants. You do not need to inform anyone else that the recording is taking place.
However, you cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. Doing so is illegal wiretapping.
Penalties for Illegal Recording
Violating A.C.A. 5-60-120 is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500. Victims of illegal recording may also pursue civil remedies including actual damages, punitive damages, and attorney fees.
Exceptions to the Recording Law
- Law enforcement acting under color of law may intercept and record communications
- FCC-licensed amateur radio operators and anyone operating a police scanner may intercept communications for personal use
- Judicial authorization may permit wiretapping in certain criminal investigations
Neighbor Disputes Over Security Cameras
Disagreements between neighbors about security cameras are common in Arkansas. The law provides some guidance on resolving these disputes.
When a Neighbor's Camera Is Legal
A neighbor's security camera is generally legal if it:
- Is pointed at the neighbor's own property
- Captures public areas like sidewalks and streets
- Records only video (without audio) of areas in public view
- Does not peer into your windows or private enclosed spaces
When a Neighbor's Camera May Be Illegal
A neighbor's camera may violate Arkansas law if it:
- Is deliberately aimed to look inside your home through windows
- Records your fully fenced backyard from an elevated position, capturing areas hidden from street view
- Records audio of your private conversations without your consent
- Is a hidden camera placed on your property without your knowledge
Steps to Resolve a Camera Dispute
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Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.
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Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.
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Send a written request. Ask your neighbor in writing to adjust the camera angle or position.
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Contact local authorities. If you believe a neighbor is using a camera to engage in voyeurism or to record your private activities, file a police report. Violations of A.C.A. 5-16-101 are felonies.
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Consult an attorney. You may have grounds for a civil invasion of privacy lawsuit if a neighbor's camera is deliberately aimed to capture your private activities.
Physical Solutions
You can also take steps to block a camera's view of your property:
- Install privacy fencing along your property line
- Plant tall hedges or trees to create natural barriers
- Use window film or curtains to block interior views
- Install your own cameras to document any intrusive behavior
Nanny Cam Laws in Arkansas
Nanny cameras, or hidden cameras used to monitor caregivers in your home, are subject to specific rules in Arkansas.
Legal Requirements for Nanny Cams
Arkansas requires that people be notified when they are being recorded by a hidden camera. You may use a nanny cam in your home, but you should inform the caregiver that cameras are present.
Where You Can Place a Nanny Cam
- Living rooms and family rooms where childcare takes place
- Kitchens and dining areas
- Playrooms and nurseries (in common areas)
- Hallways and entryways
Where You Cannot Place a Nanny Cam
- Bathrooms used by the caregiver
- Bedrooms designated for the caregiver's private use (for live-in nannies)
- Any room where the caregiver changes clothes or has a reasonable expectation of privacy
Audio on Nanny Cams
If your nanny cam records audio, Arkansas's one-party consent law under A.C.A. 5-60-120 applies. Since you are not present during the conversations being recorded, and neither party to those conversations has consented, recording audio without the caregiver's knowledge could violate the wiretapping statute. The safest approach is to either disable audio recording or inform the caregiver in writing that audio and video recording takes place in the home.
Drone Surveillance Laws in Arkansas
Arkansas has addressed drone surveillance through two separate statutes.
A.C.A. 5-16-101(b): Drone Voyeurism
Using a drone (unmanned vehicle or aircraft) to secretly photograph, film, or record another person for the purpose of viewing any portion of their body when they have a reasonable expectation of privacy is a Class B misdemeanor under A.C.A. 5-16-101(b). If the recording is distributed or transmitted to another person, the offense is elevated to a Class A misdemeanor.
A.C.A. 5-60-103: Unlawful Use of Unmanned Aircraft System
A.C.A. 5-60-103 makes it unlawful to use a drone to conduct surveillance of, gather evidence or information about, or photograph or electronically record critical infrastructure without the prior written consent of the owner. A first offense is a Class B misdemeanor, and a second or subsequent offense is a Class A misdemeanor.
Civil penalties under this statute include liability for actual damages or $10,000 (whichever is greater), and up to three times actual damages or $10,000 (whichever is greater) if the violation resulted in profit or monetary gain. Attorney fees and court costs may also be awarded.
Exceptions to Drone Surveillance Laws
- Using a drone to survey your own property
- Using a drone on property you have a valid lease for
- Insurance companies using drones for underwriting or damage investigation
- Law enforcement using drones under proper authority
Penalties Summary for Surveillance Violations in Arkansas
| Violation | Statute | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|---|
| Video voyeurism (1st/2nd offense) | A.C.A. 5-16-101(a) | Class D Felony | Up to 6 years | $10,000 |
| Video voyeurism (3rd+ offense) | A.C.A. 5-16-101(a) | Class C Felony | 3 to 10 years | $10,000 |
| Concealed/drone voyeurism | A.C.A. 5-16-101(b) | Class B Misdemeanor | Up to 90 days | $1,000 |
| Distribution of voyeurism recording | A.C.A. 5-16-101(b) | Class A Misdemeanor | Up to 1 year | $2,500 |
| Voyeurism (non-electronic) | A.C.A. 5-16-102 | Class A Misdemeanor | Up to 1 year | $2,500 |
| Voyeurism of minor by authority figure | A.C.A. 5-16-102 | Class D Felony | Up to 6 years | $10,000 |
| Illegal wiretapping/recording | A.C.A. 5-60-120 | Class A Misdemeanor | Up to 1 year | $2,500 |
| Drone surveillance of infrastructure | A.C.A. 5-60-103 | Class B Misdemeanor | Up to 90 days | $1,000 |
| Loitering to spy/invade privacy | A.C.A. 5-71-213 | Class C Misdemeanor | Up to 30 days | $500 |
HOA and Local Regulations
In addition to state law, homeowners in Arkansas may be subject to additional surveillance camera rules imposed by their homeowners association (HOA) or local municipality.
HOA Camera Rules
Arkansas does not have a statewide law governing HOA security camera policies. However, your HOA's covenants, conditions, and restrictions (CC&Rs) may include rules about camera placement, visibility, and positioning. Common HOA restrictions include requirements that cameras be aesthetically discreet, prohibitions on cameras aimed at common areas managed by the HOA, and rules about notification to the association before installation.
Before installing cameras in an HOA community, review your governing documents or contact your HOA board for guidance.
Local Ordinances
Some Arkansas cities and counties may have additional regulations regarding security cameras, particularly for commercial properties. Check with your local city hall or county clerk's office for any applicable ordinances.
More Arkansas Laws
Sources and References
- Arkansas Code 5-16-101: Crime of Video Voyeurism(law.justia.com)
- Arkansas Code 5-16-102: Voyeurism(law.justia.com)
- Arkansas Code 5-60-120: Interception and Recording(law.justia.com)
- Arkansas Code 5-60-103: Unlawful Use of Unmanned Aircraft System(law.justia.com)
- Arkansas Code 5-71-213: Loitering(law.justia.com)
- Arkansas Code 5-4-401: Sentence Classifications(law.justia.com)
- Arkansas Code 5-4-201: Fines - Limitations on Amount(law.justia.com)
- Arkansas Sentencing Commission: Video Voyeurism Analysis(arkleg.state.ar.us).gov
- Reporters Committee for Freedom of the Press: Arkansas Recording Guide(www.rcfp.org)