Delaware Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections (2026)

Delaware classifies voyeurism as a Class G felony under 11 Del. C. Section 1335, prohibiting secret recording or observation of people in private spaces where they have a reasonable expectation of privacy. Violations carry up to two years in prison, a stiffer penalty than the one-year maximum for general privacy offenses under the same statute.

Voyeurism is a serious criminal offense in Delaware that carries felony-level penalties. The state's primary anti-voyeurism protections are found in 11 Del. C. Section 1335, the same privacy statute that governs recording consent. While general violations of the privacy statute are Class A misdemeanors, voyeurism-related offenses receive enhanced treatment as Class G felonies, reflecting the legislature's recognition that secret recording in intimate settings causes particularly severe harm to victims.

This guide covers what constitutes voyeurism under Delaware law, the specific penalties, how the law applies to modern technology including hidden cameras and smartphone recording, and the legal remedies available to victims.

What Is Voyeurism Under Delaware Law?

The Statutory Framework

Delaware's voyeurism prohibitions are contained within 11 Del. C. Section 1335, the broader violation of privacy statute. The law addresses voyeurism through several subsections that target different forms of intrusive observation and recording.

Section 1335(a)(1) makes it a crime to trespass on private property for the purpose of eavesdropping or conducting surveillance. This provision covers situations where someone physically enters another person's property to observe or record them without permission.

Section 1335(a)(4) prohibits intercepting private communications without the consent of all parties. When applied to voyeurism contexts, this includes secretly recording people in settings where they have a reasonable expectation of privacy.

The statute's voyeurism provisions specifically target the act of secretly recording or observing another person in circumstances where the victim has a reasonable expectation of being free from such observation, particularly in spaces associated with nudity, undressing, or intimate activities.

Key Elements of a Voyeurism Charge

For prosecutors to secure a voyeurism conviction in Delaware, they generally must prove:

• The defendant recorded or observed another person without their knowledge or consent
• The victim was in a location where they had a reasonable expectation of privacy
• The recording or observation was conducted secretly or through deceptive means
• The defendant acted intentionally, not accidentally

What "Reasonable Expectation of Privacy" Means

The concept of reasonable expectation of privacy is central to Delaware voyeurism law. A person has this expectation when they are in a location or situation where a reasonable person would believe they are not being observed or recorded.

Locations where this expectation is strongest include:

• Bathrooms and restrooms in homes, businesses, and public facilities
• Bedrooms in private residences, hotels, and motels
• Changing rooms and fitting rooms in retail stores, gyms, and recreational facilities
• Locker rooms and showers in schools, gyms, pools, and workplaces
• Medical examination rooms in hospitals, clinics, and doctors' offices
• Hotel and motel rooms rented by guests
• Tanning booths and salons where clients undress

Types of Voyeurism Covered by Delaware Law

Hidden Camera Voyeurism

The most commonly prosecuted form of voyeurism involves placing hidden cameras in private locations. This includes:

• Bathroom cameras: Placing recording devices in bathrooms, whether in private homes, workplaces, or public restrooms
• Bedroom cameras: Installing hidden cameras in bedrooms, including in rental properties, hotels, and Airbnb-type accommodations
• Changing room cameras: Concealing recording devices in retail fitting rooms, gym locker rooms, or similar spaces
• Upskirt and downblouse recording: Using hidden cameras to capture images under clothing or down shirts in public or private settings

Delaware law does not require that the hidden camera actually capture images of nudity or intimate activity. The act of placing the camera in a location where such images could reasonably be expected is sufficient for prosecution.

Peeping Tom Offenses

Traditional "peeping Tom" behavior, where someone physically looks into windows, through holes, or over barriers to observe people in private spaces, is covered under Section 1335(a)(1)'s trespass-to-eavesdrop provision. This applies whether the person uses their own eyes, binoculars, or other visual aids.

Digital and Technology-Enabled Voyeurism

Modern technology has expanded the methods available for voyeuristic conduct. Delaware law covers:

• Smartphones used to record under clothing or in private areas
• Drones equipped with cameras flown to capture images through windows or over private fenced areas
• Wi-Fi enabled hidden cameras disguised as everyday objects (clocks, smoke detectors, electrical outlets)
• Hacking security cameras to view private spaces without authorization
• Screen recording or intercepting private video calls or video chat sessions

Non-Consensual Intimate Image Distribution

Delaware addresses the non-consensual dissemination of intimate images within 11 Del. C. Section 1335(a)(9), which prohibits knowingly reproducing, distributing, or disseminating a visual depiction of another person's nude or sexually conducted body without consent. This provision is part of the same privacy statute that covers voyeurism, providing dedicated statutory coverage for image-sharing offenses alongside the general privacy protections of Section 1335. Federal law also provides protection through the Video Voyeurism Prevention Act.

Criminal Penalties for Voyeurism in Delaware

Class G Felony for Voyeurism Offenses

Voyeurism-related violations of 11 Del. C. Section 1335 are classified as a Class G felony in Delaware. Under 11 Del. C. Section 4205, Class G felony sentencing includes:

• Up to 2 years in prison
• Fines as determined by the court
• A permanent felony record
• Potential sex offender registration requirements

Enhanced Penalties for Aggravating Factors

Voyeurism penalties may be enhanced when aggravating factors are present:

• Victims are minors: Recording minors in voyeuristic contexts can result in additional charges under child exploitation statutes, including federal charges under 18 U.S.C. Section 2251 (sexual exploitation of children)
• Distribution of recordings: Sharing or distributing voyeuristic images or video adds separate counts to the criminal charges
• Multiple victims: Each victim constitutes a separate count, and penalties can be imposed consecutively
• Pattern of conduct: Repeat offenders face the possibility of habitual offender enhancements

Comparison of Penalty Levels

Federal Voyeurism Laws That Apply in Delaware

Video Voyeurism Prevention Act (18 U.S.C. Section 1801)

The federal Video Voyeurism Prevention Act applies to voyeurism committed on federal property within Delaware, including federal courthouses, military installations, and national parks. This law makes it a federal crime to photograph or record a private area of an individual without their consent when that individual has a reasonable expectation of privacy.

Federal penalties include:

• Fines under federal sentencing guidelines
• Up to 1 year in federal prison for a first offense

TAKE IT DOWN Act (May 2025)

Congress enacted the TAKE IT DOWN Act, signed into law on May 19, 2025. The Act creates a federal cause of action and criminal penalties for the non-consensual publication of intimate visual depictions, including AI-generated (deepfake) intimate images. It requires online platforms to remove reported non-consensual intimate images within 48 hours of a valid takedown notice. For Delaware voyeurism victims whose images have been shared online, the TAKE IT DOWN Act provides a federal pathway for rapid removal and civil or criminal recourse that operates alongside Delaware's state-law remedies under 11 Del. C. Section 1335(a)(9) and Section 1335.

PROTECT Act and Child-Related Voyeurism

When voyeurism involves minors, federal laws including the PROTECT Act and 18 U.S.C. Section 2252 may apply alongside Delaware state law. Federal prosecution is particularly likely when:

• Images cross state lines through the internet or electronic transmission
• The conduct occurs on federal property
• The case involves organized or commercial distribution

Civil Remedies for Voyeurism Victims

Lawsuits Under 11 Del. C. Section 2409

Victims of voyeurism in Delaware can file civil lawsuits under 11 Del. C. Section 2409. The statute provides for:

• Actual damages with a minimum of $100 per day of violation or $1,000, whichever is greater
• Punitive damages to punish particularly egregious conduct
• Attorney fees and litigation costs

Additional Civil Claims

Beyond the statutory remedy, voyeurism victims may pursue additional common-law claims:

• Invasion of privacy (intrusion upon seclusion): A tort claim for intentionally intruding on someone's private affairs in a manner that would be highly offensive to a reasonable person
• Intentional infliction of emotional distress: When the voyeuristic conduct is so outrageous that it causes severe emotional harm
• Negligent security: Against property owners (such as hotels, gyms, or landlords) who failed to protect against foreseeable voyeurism on their premises

Protective Orders

Victims can also seek protective orders (restraining orders) against voyeurism perpetrators through the Delaware Family Court or Court of Common Pleas, depending on the relationship between the parties.

Voyeurism in Specific Settings

Rental Properties and Airbnb Accommodations

Landlords and property hosts who install hidden cameras in rental units commit voyeurism under Delaware law. Tenants and guests have a reasonable expectation of privacy in rented spaces. This applies to:

• Long-term rental apartments and houses
• Short-term vacation rentals listed on Airbnb, VRBO, and similar platforms
• Hotel and motel rooms
• Bed and breakfast establishments

Property owners may use security cameras in common areas (lobbies, parking lots, building entrances) but never in private living spaces. For more information, see our guide on Delaware landlord-tenant recording laws.

Workplace Voyeurism

Employers who install hidden cameras in employee restrooms, changing areas, or other private spaces violate Delaware's voyeurism laws. The Title 19 Section 705 notice requirement does not authorize surveillance in areas where employees have a privacy expectation. Workplace voyeurism by supervisors, coworkers, or employers can result in both criminal prosecution and civil liability.

Schools and Educational Facilities

Voyeurism in school settings is treated with particular severity. Hidden cameras in student restrooms, locker rooms, or other private areas can result in felony charges under state law and federal charges if minors are involved. School staff, students, and visitors are all subject to these prohibitions. For more details, see our guide on Delaware school recording laws.

How to Detect Hidden Cameras

Physical Inspection

If you suspect a hidden camera in a private space, look for:

• Small holes in walls, ceilings, or objects at eye level or above
• Unusual objects that seem out of place (clocks, smoke detectors, electrical outlets, phone chargers)
• Tiny LED lights, especially those that glow in the dark
• Objects positioned to face areas where you undress or use the bathroom

Technology-Based Detection

• RF detectors: Radio frequency detectors can identify wireless cameras that transmit signals
• Infrared scanners: Many cameras use infrared LEDs for night vision that can be detected with a smartphone camera
• Network scanners: Apps that scan Wi-Fi networks can reveal connected camera devices
• Professional sweeps: Security professionals can conduct thorough electronic sweeps of spaces

What to Do If You Find a Hidden Camera

If you discover a hidden camera in Delaware:

1. Do not touch or remove the camera, as it is evidence
2. Document its location with photos from your own device
3. Contact local law enforcement immediately to file a police report
4. Preserve any evidence of who had access to the space
5. Consult with an attorney about your civil remedies

Reporting Voyeurism in Delaware

Law Enforcement

To report voyeurism, contact:

• Local police: For incidents occurring in cities and towns
• Delaware State Police: For incidents in unincorporated areas or when local police are unavailable
• FBI: For incidents involving minors, interstate distribution, or federal property

Delaware Department of Justice

The Delaware Attorney General's office investigates and prosecutes serious privacy crimes. Victims can file complaints through the AG's website or by calling the Consumer Protection Unit.

Explore More Delaware Recording Laws

Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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