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Arizona Surreptitious Recording & Voyeurism Laws: ARS 13-3019 Penalties (2026)

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 7 primary sources cited on this page. How we verify our legal content

Arizona Surreptitious Recording & Voyeurism Laws: ARS 13-3019 Penalties (2026)

Frequently Asked Questions

What does surreptitious recording mean under Arizona law?

Surreptitious recording is the specific term used in ARS 13-3019, Arizona's statute banning secretly photographing, videotaping, filming, or digitally recording someone without consent in a place where they have a reasonable expectation of privacy, such as a bathroom, locker room, or bedroom, or by capturing intimate areas that are not otherwise visible to the public. Unlike voyeurism under ARS 13-1424, it does not require proof of a sexual purpose.

Do I need a surreptitious recording defense attorney in Arizona?

If you have been charged, contacted by investigators, or believe you are under investigation for surreptitious recording (ARS 13-3019) or voyeurism (ARS 13-1424), speak with a criminal defense attorney before making any statements. Both are felonies in Arizona, and a conviction can carry prison time and fines up to $150,000. A voyeurism conviction under ARS 13-1424 can also carry discretionary sex offender registration; a surreptitious recording conviction under ARS 13-3019 does not. An attorney can evaluate defenses such as consent, lack of a reasonable expectation of privacy, or lack of knowledge before you talk to police.

Is surreptitious recording a felony in Arizona?

Yes. Surreptitious recording under ARS 13-3019 is a Class 5 felony, punishable by up to 2 years in prison. If the recording is distributed and the person depicted is recognizable, the charge escalates to a Class 4 felony, punishable by up to 3 years (up to 3.75 years only if the court finds aggravating factors). Voyeurism under the related ARS 13-1424 is also a Class 5 felony, and distributing a voyeuristic recording of an identifiable victim is a Class 4 felony.

What is the difference between surreptitious recording and voyeurism in Arizona?

Voyeurism (ARS 13-1424) requires the prosecution to prove the recording or viewing was done for sexual stimulation. Surreptitious recording (ARS 13-3019) is broader and does not require a sexual purpose; it applies whenever someone is secretly recorded in a place where they expect privacy, or when intimate areas not otherwise visible to the public are captured. Prosecutors can and do charge both statutes for the same conduct.

What is the penalty for voyeurism in Arizona?

Voyeurism under ARS 13-1424 is a Class 5 felony with a presumptive sentence of 1.5 years in prison (ranging from 0.5 to 2.5 years for first offenders) and fines up to $150,000. Distributing voyeuristic recordings where the victim is identifiable is a Class 4 felony with up to 3.75 years in prison.

Is it illegal to put a hidden camera in a bathroom in Arizona?

Yes. Under ARS 13-3019, secretly recording someone in a bathroom is a Class 5 felony punishable by up to 2 years in prison. If the recording is distributed and the victim is recognizable, it becomes a Class 4 felony punishable by up to 3 years (up to 3.75 years only if the court finds aggravating factors). If done for sexual purposes, voyeurism charges under ARS 13-1424 may also apply.

Do you have to register as a sex offender for voyeurism in Arizona?

Potentially, yes, for voyeurism specifically. Voyeurism under ARS 13-1424 is not on ARS 13-3821's automatic list of registrable offenses, but the sentencing judge has discretion to require registration for any Chapter 14 offense, which includes voyeurism. The court will determine whether registration is required based on the specific circumstances, the offender's history, and a risk assessment. Registration can range from limited law enforcement notification to full public notification. Surreptitious recording under ARS 13-3019 is a different, non-Chapter-14 statute and carries no registration exposure under ARS 13-3821.

Is upskirt photography illegal in Arizona?

Yes. ARS 13-3019 prohibits recording that captures a person's genitalia, buttock, or female breast in a manner not otherwise visible to the public, which covers upskirt photography, without that person's consent. This is a Class 5 felony. Distributing such recordings when the victim is recognizable is a Class 4 felony.

Can I sue someone for putting a hidden camera in my room in Arizona?

Yes. In addition to criminal prosecution, you can file a civil lawsuit for invasion of privacy, intentional infliction of emotional distress, and other claims. You may recover actual damages, compensatory damages, punitive damages, and attorney fees. You may also have claims against a property owner who failed to prevent the hidden camera.

Updates

Corrected a claim that surreptitious-recording convictions under ARS 13-3019 can require sex offender registration; that statute is in a different chapter than the registration list covers, so it carries no registration exposure. Added the missing no-device penalty tier to the ARS 13-3019 sentencing table and fixed a mislabeled aggravated-only sentence figure presented as a flat maximum. Fixed a dead citation link and rewrote the description of Arizona's AI-deepfake civil-action statute (ARS 16-1023) to state its actual, more demanding elements for a damages claim.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected ARS 13-3019 surreptitious recording (device-based) from a Class 6 to a Class 5 felony, corrected the invented 'Section B (under/through clothing)' to match the statute's actual structure, and corrected the sex offender registration timeline and voyeurism-registration description to match ARS 13-3821.

Completed the ARS 13-3019 correction across the key takeaways, penalty and comparison tables, and FAQ: the statute reaches upskirt-type recording through its 'not otherwise visible to the public' standard rather than an explicit under-or-through-clothing clause.

Governing law re-checked for recent changes

Added AI [deepfake](/us-laws/deepfake-laws) and [TAKE IT DOWN Act](/us-laws/take-it-down-act) section: HB 2394 (ARS 16-1023, signed May 21 2024) civil right of action for synthetic intimate images; TAKE IT DOWN Act (signed May 19 2025, effective May 19 2026) platform 48-hour takedown obligation. Updated image-removal section to include TAKE IT DOWN Act notice rights.

Reviewed and approved by an editor

Sources and References

  1. Arizona Revised Statutes 13-1424 - Voyeurism Classification(azleg.gov).gov
  2. Arizona Revised Statutes 13-3019 - Surreptitious Photographing, Videotaping, Filming(azleg.gov).gov
  3. Arizona Revised Statutes 13-3821 - Sex Offender Registration(azleg.gov).gov
  4. Arizona Revised Statutes 13-702 - First Time Felony Offenders Sentencing(azleg.gov).gov
  5. Arizona Revised Statutes 13-1425 - Unlawful Disclosure of Images(azleg.gov).gov
  6. FBI Internet Crime Complaint Center (IC3)(ic3.gov).gov
  7. Federal Video Voyeurism Prevention Act - 18 U.S.C. 1801(law.cornell.edu)
  8. Arizona Revised Statutes 16-1023 - Civil Action for Digital Impersonation (HB 2394)(azleg.gov).gov
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