Arizona Video Recording Laws: Rules for Cameras and Filming
Arizona does not have a single statute that governs all video recording. Instead, multiple laws work together to define what is legal and what is not. Your rights depend on where you are recording, whether you are capturing audio along with video, and the purpose of the recording.
This guide covers Arizona's video recording laws in full, including public filming rights, the surreptitious recording statute, voyeurism laws, and the rules for security cameras, drones, and other recording equipment.
Arizona's Key Video Recording Statutes
ARS 13-3019: Surreptitious Photographing, Videotaping, Filming
ARS 13-3019 is Arizona's primary statute addressing unauthorized visual recording. It makes it a crime to knowingly photograph, videotape, film, digitally record, or by any other means secretly view another person without that person's consent in any of the following situations:
- The person is in a restroom, bathroom, locker room, bedroom, or other location where the person has a reasonable expectation of privacy
- The recording captures the person in a state of undress or engaged in sexual activity
- The recording is made by looking under or through clothing without consent
This statute applies to all forms of visual recording, including smartphones, hidden cameras, body cameras, drones, and any other image-capturing device.
ARS 13-1424: Voyeurism
ARS 13-1424 prohibits knowingly invading the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation. This includes video recording. The statute classifies basic voyeurism as a Class 5 felony.
If the person distributes, discloses, displays, transmits, or publishes a voyeuristic recording in which the victim is identifiable, the offense becomes a Class 4 felony carrying up to 3.75 years in prison.
ARS 13-3005: When Audio Is Included
When your video recording also captures audio, the one-party consent rules under ARS 13-3005 apply to the audio portion. Silent video recording in public does not trigger the wiretapping statute. But the moment you record someone's voice in a setting where they have a reasonable expectation of privacy, you need one-party consent for the audio component.
Video Recording in Public Places
Your Rights as a Videographer
Arizona has no law that prohibits video recording in public places. You can:
- Film on public streets, sidewalks, and parks
- Record at public protests, rallies, and demonstrations
- Film the exterior of buildings visible from public property
- Record public transportation, including buses and light rail
- Capture video at public events, fairs, and festivals
- Film government buildings from public areas
- Record in any location where you have a legal right to be
The First Amendment to the U.S. Constitution protects your right to record matters of public interest from public spaces. Arizona courts have consistently upheld this right.
Limitations in Public
Even in public, there are boundaries:
- You cannot use recording as a pretext to harass someone under ARS 13-2921
- You cannot record up someone's skirt or down their blouse, even in public, under ARS 13-3019
- You cannot block traffic, trespass, or obstruct public operations to get a better filming angle
- Private businesses open to the public can set their own recording policies on their premises
Recording on Private Property
On private property, the property owner sets the rules. A business can prohibit video recording on its premises, and if you refuse to stop, you may be asked to leave. Continuing to record after being asked to leave could result in a trespassing charge under ARS 13-1502.
However, a property owner cannot prohibit you from recording from a public location that happens to capture their property. If you are standing on a public sidewalk and film a private building, that is protected activity.
Video Recording in Private Locations
The Reasonable Expectation of Privacy Test
Arizona law protects video recording privacy in locations where a person has a reasonable expectation of privacy. Courts evaluate this on a case-by-case basis, considering:
- Whether the location is open to the public or restricted
- Whether the person took steps to ensure privacy (closing doors, drawing curtains)
- Whether a reasonable person would expect to be observed in that setting
- The nature of the activity being recorded
Locations Where Secret Video Recording Is Always Illegal
Under ARS 13-3019, these locations carry an automatic expectation of privacy for video recording purposes:
- Bathrooms and restrooms (including portable toilets)
- Locker rooms (at gyms, pools, schools, or workplaces)
- Changing rooms (at retail stores, fitness centers, or any other facility)
- Bedrooms (in private homes, hotel rooms, or other sleeping areas)
- Any location where a person is in a state of undress and has not consented to observation
Video Recording in Your Own Home
You can generally install cameras in your own home, but there are limits:
- You can record common areas like living rooms, kitchens, and hallways
- You cannot record in bathrooms or areas where guests have a privacy expectation
- If you have roommates, recording shared common areas is generally permissible, but recording in their private bedrooms is not
- Recording intimate activities of another person without consent violates ARS 13-1424
- Hidden cameras used to capture nonconsensual intimate images can lead to felony charges
Drones and Aerial Video Recording in Arizona
State Drone Laws
Arizona regulates drone use primarily through ARS 13-3729, which addresses the use of unmanned aircraft. Key provisions include:
- It is illegal to use a drone to intentionally photograph or record an individual on private property without consent if the drone is flown in a manner that is intrusive to a reasonable person
- Critical infrastructure facilities (power plants, dams, water treatment facilities) are protected from drone surveillance under ARS 13-3729
- Drone operators must comply with all FAA regulations, including registration, altitude limits, and airspace restrictions
FAA Regulations
The Federal Aviation Administration governs airspace and drone operations nationwide. Arizona drone operators must:
- Register drones weighing more than 0.55 pounds with the FAA
- Fly below 400 feet in uncontrolled airspace
- Maintain visual line of sight with the drone
- Avoid restricted airspace near airports without authorization
- Follow Part 107 rules if flying for commercial purposes
Security Cameras and Video Surveillance
Residential Security Cameras
Arizona homeowners can install security cameras on their property with few restrictions. However:
- Cameras must not be positioned to record areas where neighbors have a reasonable expectation of privacy (looking into bedroom windows, for example)
- Audio recording through security cameras follows one-party consent rules under ARS 13-3005
- There are no statewide permit or registration requirements for residential security cameras
Business Security Cameras
Businesses in Arizona can use video surveillance in areas where employees and customers do not have a reasonable expectation of privacy. This includes:
- Sales floors, lobbies, and reception areas
- Parking lots and exterior areas
- Hallways and common spaces
- Loading docks and storage areas
Businesses cannot place cameras in:
- Bathrooms and restrooms
- Locker rooms and changing areas
- Break rooms where employees have a privacy expectation (this varies by court interpretation)
Some Arizona municipalities may have additional ordinances regarding security camera placement and signage. Check your local city or county regulations.
Penalties for Illegal Video Recording in Arizona
ARS 13-3019 Penalties
| Offense | Classification | Maximum Sentence |
|---|---|---|
| Surreptitious recording in a private location | Class 6 felony | 2 years |
| Distribution of surreptitious recording (victim recognizable) | Class 4 felony | 3.75 years |
| Recording under or through clothing | Class 6 felony | 2 years |
ARS 13-1424 Voyeurism Penalties
| Offense | Classification | Maximum Sentence |
|---|---|---|
| Voyeurism (basic offense) | Class 5 felony | 2.5 years |
| Distribution of voyeuristic recording (victim identifiable) | Class 4 felony | 3.75 years |
Civil Liability
Victims of illegal video recording can pursue civil lawsuits for:
- Invasion of privacy
- Intentional infliction of emotional distress
- Negligent infliction of emotional distress
- Statutory damages under applicable federal laws
- Punitive damages in cases of willful misconduct
Using Video Recordings as Evidence in Arizona
Admissibility Standards
Video recordings are generally admissible in Arizona courts if they meet standard evidence requirements:
- Authentication: A witness must testify that the video accurately represents what it purports to show, under Arizona Rule of Evidence 901
- Relevance: The video must relate to a material issue in the case
- Not illegally obtained: Videos made in violation of ARS 13-3019, ARS 13-1424, or ARS 13-3005 may be excluded
- Probative vs. prejudicial: The court will weigh the evidentiary value against any unfair prejudice
Best Practices for Video Evidence
- Preserve the original video file without editing
- Note the date, time, and location of the recording
- Maintain a clear chain of custody
- Back up the file to a secure secondary location
- If the video includes audio, ensure compliance with one-party consent rules
Arizona Recording Laws by Topic
Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras
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More Arizona Laws
Sources and References
- Arizona Revised Statutes 13-3019 - Surreptitious Photographing, Videotaping, Filming(azleg.gov).gov
- Arizona Revised Statutes 13-1424 - Voyeurism Classification(azleg.gov).gov
- Arizona Revised Statutes 13-3005 - Interception of Communications(azleg.gov).gov
- Arizona Revised Statutes 13-3729 - Unmanned Aircraft(azleg.gov).gov
- FAA Unmanned Aircraft Systems (UAS)(faa.gov).gov
- Arizona Revised Statutes 13-3732 - Recording of Law Enforcement Activity(azleg.gov).gov
- Arizona Revised Statutes 13-1502 - Criminal Trespass(azleg.gov).gov