Idaho Video Recording Laws: Rules for Filming, Surveillance, and Privacy (2026)

Video recording in Idaho is legal wherever no reasonable expectation of privacy exists. Idaho Code 18-6605 bars secret recording in private spaces, and audio captured during video follows the one-party consent rule under Idaho Code 18-6702, requiring you to be a party to any conversation recorded.

Idaho does not have a single comprehensive video recording statute. Instead, the legality of video recording depends on the location, the subject, whether audio is also being captured, and the purpose of the recording. Public filming is broadly permitted, while recording in private spaces is restricted by property rights and specific criminal statutes addressing voyeurism and privacy invasions.

This page covers Idaho's video recording rules for public spaces, private property, government proceedings, and special circumstances, along with the penalties for unlawful video recording and how video evidence works in Idaho courts.

Video Recording in Public Spaces

General Rule: Public Filming Is Legal

Idaho has no law that prohibits video recording in public spaces. You are free to record video on public streets, sidewalks, parks, plazas, government building exteriors, and any other area open to the public. This right is grounded in the First Amendment to the U.S. Constitution, which protects the gathering of information through photography and video recording as a form of expression and speech.

Public spaces by their nature carry a diminished expectation of privacy. When you walk down a street in Boise, attend the Western Idaho Fair, or visit Julia Davis Park, you can be recorded by other people, security cameras, and media outlets. You generally cannot claim a privacy violation for being filmed in these settings.

What You Can Record in Public

In public areas, you can legally record:

• People on streets, sidewalks, and in parks
• Public buildings and government facilities from public vantage points
• Traffic, accidents, and other events visible from public areas
• Protests, demonstrations, and public gatherings
• Street performers, public art installations, and outdoor events
• Your own interactions with other people in public spaces

Limitations on Public Recording

While public recording is broadly legal, some restrictions apply:

Harassment and stalking. Repeatedly following and filming a specific person against their wishes could constitute stalking under Idaho Code 18-7906 (stalking in the second degree), which criminalizes a course of conduct that seriously alarms, annoys, or harasses the victim and would cause a reasonable person substantial emotional distress, or that would cause a reasonable person to fear death or physical injury. If an aggravating factor is present, such as a protective-order violation, a victim under 16, or use of a deadly weapon, the conduct can instead be charged as stalking in the first degree under Idaho Code 18-7905.

Obstruction. Using a camera in a way that physically obstructs traffic, blocks emergency services, or interferes with law enforcement operations can lead to charges under other Idaho statutes even though the act of recording itself is legal.

Trespassing. You cannot enter private property without permission to get a better filming angle. Idaho's trespass laws (Idaho Code 18-7008) apply regardless of your reason for being on the property.

Video Recording on Private Property

Property Owner Rules

On private property, the property owner or authorized occupant sets the rules about video recording. A business can prohibit customers from filming inside their establishment. A homeowner can forbid visitors from recording on their property. If you are asked to stop recording and refuse, the property owner can ask you to leave, and your continued presence could constitute trespass.

Common private property recording rules include:

• Retail stores that prohibit photography or filming
• Restaurants that restrict recording of other patrons
• Private event venues that control media access
• Offices and workplaces with their own recording policies

Recording in Your Own Home

You can install cameras and record video in your own home, including recording visitors and conversations you are part of. However, there are important limitations:

• You cannot place cameras in areas where guests have a reasonable expectation of privacy, such as bathrooms and guest bedrooms
• You cannot record intimate activities of others without their consent
• If your home has tenants, their rented spaces are their private domain

The Audio Component

A critical distinction in Idaho law is the difference between video-only recording and video with audio. Pure video recording (without audio) in public places is generally unrestricted. However, when your video also captures audio of conversations, Idaho's one-party consent wiretapping law (Idaho Code 18-6702) applies to the audio portion.

This means if you are filming a conversation you are participating in, capturing audio is legal. But if your video camera picks up a private conversation between other people that you are not part of, the audio capture could violate Idaho's wiretapping statute.

Idaho's Video Voyeurism Law: Idaho Code 18-6605

Idaho's primary criminal statute addressing unlawful video recording is Idaho Code 18-6605, the video voyeurism law. This statute specifically targets the use of cameras and imaging devices to violate personal privacy.

What the Statute Prohibits

Idaho Code 18-6605 makes it a crime to:

• Use any camera, video camera, or other imaging device to secretly record, photograph, or observe another person without their knowledge or consent in any place where the person has a reasonable expectation of privacy
• Disseminate or distribute images obtained through video voyeurism
• Use an imaging device to capture images of another person's intimate areas without their consent, regardless of whether the person is in a public or private place

Where Privacy Expectations Exist

The statute focuses on locations where a person has a "reasonable expectation of privacy." These include:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Dressing rooms in retail stores
• Hotel rooms and private residences
• Medical examination rooms
• Any enclosed space where a person reasonably expects to be free from observation

Penalties for Video Voyeurism

Idaho Code 18-6605(4) makes any violation of the statute a felony outright; there is no misdemeanor first-offense tier. Because Section 18-6605 does not set its own sentencing range, Idaho's general felony punishment statute (Idaho Code 18-112) applies: up to 5 years in state prison and/or a fine of up to $50,000.

Facts such as a minor victim, prior video voyeurism convictions, dissemination of the images, or a commercial-purpose recording can support additional or related charges, including dissemination of voyeuristic images (discussed below), even though Section 18-6605 itself does not create separate statutory tiers for these factors.

Dissemination of Voyeuristic Images

Idaho law separately criminalizes the distribution of images obtained through video voyeurism. Sharing, selling, posting online, or otherwise disseminating voyeuristic recordings carries additional criminal penalties and can form the basis of civil liability.

Recording Government Proceedings

Open Public Meetings

Idaho's Open Meeting Law, Idaho Code 74-201, establishes that the formation of public policy is public business and shall not be conducted in secret. All meetings of governing bodies of public agencies must be open to the public.

While the statute does not explicitly address recording, the public's right to attend includes the practical right to document what occurs. You can record:

• City council meetings
• County commission meetings
• School board meetings
• State legislative sessions and committee hearings
• Public hearings and town halls
• Meetings of state boards and commissions

Individual agencies may establish reasonable time, place, and manner restrictions on recording equipment (such as requiring tripods to be placed in designated areas), but they cannot prohibit recording altogether.

Courtroom Recording: ICAR 45

Recording in Idaho courtrooms is governed by Idaho Court Administrative Rule 45 (ICAR 45). Under this rule:

• Audio and visual coverage of public court proceedings is permitted, but only with advance approval from the presiding judge
• The judge has discretion to limit, terminate, or revoke coverage at any time
• Coverage of jury selection, attorney-client communications, bench conferences, and in-camera proceedings is prohibited
• Closed proceedings (adoptions, mental health hearings, child protective cases, grand jury proceedings) cannot be recorded
• Equipment must be positioned so it does not disrupt proceedings

Idaho State Legislature

The Idaho Legislature provides live video streams of floor sessions and committee meetings through its official website at legislature.idaho.gov. Members of the public can also attend sessions in person and make their own recordings, subject to the presiding officer's rules about equipment placement and conduct.

Video Surveillance and Security Cameras

Video surveillance cameras are widely used in Idaho for home security, business protection, and property monitoring. Idaho does not have a specific statute regulating the installation or operation of security cameras, but their use is governed by general privacy principles.

Legal Security Camera Placement

You can install video surveillance cameras:

• On the exterior of your home or business
• In common areas of your property (living rooms, hallways, driveways)
• In business spaces visible to customers and employees (retail floors, lobbies, parking lots)
• Facing public streets and sidewalks from your property

Prohibited Camera Placement

Cameras must never be placed in locations where people have a reasonable expectation of privacy:

• Bathrooms, restrooms, and shower areas
• Locker rooms and changing areas
• Bedrooms (unless for personal security with occupant consent)
• Any area specifically designated as private

For detailed information on security camera rules, see Idaho security camera laws.

Drone Video Recording in Idaho

The use of drones (unmanned aircraft systems) for video recording in Idaho is subject to both federal aviation regulations and state law.

Federal Rules

The Federal Aviation Administration (FAA) regulates drone operations under 14 CFR Part 107. Commercial drone operators must hold a Remote Pilot Certificate. All drone operators must follow airspace restrictions, altitude limits (400 feet above ground level for recreational use), and visual line-of-sight requirements.

Idaho State Rules

Idaho Code 21-213 addresses unmanned aircraft systems. The statute prohibits using a drone to intentionally photograph, record, or otherwise surveil another person on private property without their written consent. This extends Idaho's ground-level privacy protections to aerial surveillance.

Exceptions exist for law enforcement with proper authorization, emergency responders, and certain commercial and agricultural operations.

Penalties for Illegal Drone Surveillance

Violating Idaho's drone surveillance statute does not create a criminal misdemeanor. Instead, Idaho Code 21-213(3) gives the person who was the subject of the prohibited conduct a civil cause of action, entitling them to recover the greater of $1,000 or actual and general damages, plus reasonable attorney's fees and litigation costs.

Video Recording of Police Officers

You have the right to record law enforcement officers performing their duties in public. This right is protected by the First Amendment and has been affirmed by multiple federal circuit courts. For comprehensive information on this topic, see Idaho laws on recording police.

Key principles:

• You can film traffic stops, arrests, and other police activities from a public vantage point
• Officers cannot order you to stop recording or delete footage without a legal basis
• You must not physically interfere with police operations
• You should follow reasonable orders to maintain distance

Video Evidence in Idaho Courts

Admissibility Standards

Video recordings are generally admissible as evidence in Idaho courts when they are:

• Legally obtained in compliance with Idaho law
• Authentic and verified as unaltered
• Relevant to the issues in the case
• Not unfairly prejudicial under Idaho Rule of Evidence 403

Foundation Requirements

To introduce video evidence, you typically need testimony from the person who made the recording or another witness who can confirm the video accurately depicts the events shown. For surveillance footage, the person who manages the camera system can provide this foundation.

Chain of Custody

Maintaining a clear chain of custody is important for video evidence. Document who recorded the video, who has had access to the file, how it has been stored, and whether any copies have been made. Courts may exclude video evidence if the chain of custody is unclear and there are questions about whether the footage has been tampered with.

Commercial Video Recording Considerations

Consent Forms

If you are recording someone's likeness for commercial purposes (advertising, marketing, film, or broadcast), you should obtain written consent through a photo or video consent form. While Idaho does not have a comprehensive right-of-publicity statute, using someone's image for commercial gain without their permission can give rise to common law claims.

Media and Journalism

Journalists in Idaho have broad rights to record video in public places as part of newsgathering activities. Idaho's shield law (Idaho Code 9-1406) provides limited protection for journalists' confidential sources, though it does not specifically address recording rights.

Idaho Recording Law Sub-Topics

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

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