Kansas Video Recording Laws

Kansas does not have a single comprehensive statute governing all video recording. Instead, video recording legality depends on the context: where the recording happens, whether audio is captured alongside video, and whether the recording invades someone's reasonable expectation of privacy. The primary statute governing recording privacy in Kansas is K.S.A. 21-6101, which addresses both audio interception and voyeuristic visual recording.

This guide covers when video recording is legal in Kansas, voyeurism laws that restrict video in private settings, penalties for violations, and practical guidance for common video recording situations.

Video Recording in Public Spaces

General Rule: Public Recording Is Permitted

Kansas has no statute that broadly prohibits video recording in public spaces. You are generally free to record video on public streets, sidewalks, parks, and other areas where people do not have a reasonable expectation of privacy. This right is grounded in both the absence of a state prohibition and First Amendment protections recognized by the U.S. Court of Appeals for the Tenth Circuit, which has jurisdiction over Kansas.

In Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022), the Tenth Circuit held that recording public officials performing their duties is a protected First Amendment activity. While that case focused on recording police, the principle extends to all video recording in public spaces.

What You Can Record in Public

You can legally record video in Kansas in the following public settings:

• Streets, sidewalks, and public rights-of-way
• Public parks and recreational areas
• Government buildings open to the public (lobbies, hallways, meeting rooms)
• Public transportation vehicles and stations
• Retail stores and businesses open to the public (subject to the property owner's rules)
• Public events, protests, and demonstrations
• Traffic and roadways from your vehicle

Audio With Video: The One-Party Consent Rule

While video-only recording in public spaces is largely unrestricted, the moment your recording captures audio, Kansas's one-party consent law applies. Under K.S.A. 21-6101, recording audio requires the consent of at least one party to any conversation captured.

This means:

• If you are participating in a conversation while recording video with audio, you satisfy the one-party consent requirement
• If your camera captures background conversations you are not part of in a public place, this is generally permissible because those speakers have no reasonable expectation of privacy
• If you deliberately aim a camera with a microphone at a private conversation you are not part of, you could violate subsection (a)(4)

Video Recording on Private Property

Property Owner Rights

On private property, the property owner or occupant sets the rules for video recording. A business owner can prohibit cameras in their establishment. A homeowner can forbid guests from recording. While violating these rules is not a criminal offense under K.S.A. 21-6101 by itself, the property owner can ask you to leave, and remaining after being told to leave could constitute trespassing under K.S.A. 21-5808.

Recording on Your Own Property

You have broad rights to install and operate video cameras on your own property. Kansas homeowners commonly use:

• Doorbell cameras (Ring, Nest, etc.)
• Outdoor security cameras
• Indoor cameras in common areas of their own home

However, even on your own property, you cannot:

• Record guests in bathrooms, bedrooms, or other areas where they have a reasonable expectation of privacy
• Aim cameras to record into a neighbor's private spaces (windows, backyards with privacy fences)
• Record intimate activities of others without their consent

Recording in Someone Else's Private Space

Video recording in another person's private space without their consent can violate Kansas law, particularly if the recording captures someone in a state of nudity or undress. K.S.A. 21-6101(f) defines a "private place" as a location where a person may reasonably expect to be safe from uninvited intrusion or surveillance, excluding places open to the public or a substantial group of the public.

Kansas Voyeurism Laws and Video

The Core Voyeurism Statute: K.S.A. 21-6101(a)(6)

Kansas's voyeurism provisions are found within the same breach of privacy statute. Subsection (a)(6) makes it a crime to use a camera, video device, or any image recording device to secretly photograph, video record, or live stream:

• Another person under or through that person's clothing
• Another person who is nude or in a state of undress in a private place where they have a reasonable expectation of privacy, without their knowledge or consent

This provision targets "upskirting," "downblousing," and similar forms of invasive visual recording, as well as hidden cameras in places like bathrooms, locker rooms, changing rooms, hotel rooms, and bedrooms.

Severity of Voyeurism Offenses

A first offense under subsection (a)(6) is classified as a severity level 8 person felony. Under Kansas sentencing guidelines, this carries a presumptive prison sentence of 7 to 23 months, depending on the offender's criminal history.

A second conviction under subsection (a)(6) within five years of a prior conviction elevates the offense to a severity level 5 person felony, carrying 31 to 136 months in prison.

Dissemination of Voyeuristic Images: K.S.A. 21-6101(a)(7)

Sharing, distributing, or publishing images obtained through voyeurism is a separate and more serious offense under subsection (a)(7). This is classified as a severity level 5 person felony even on a first offense, carrying 31 to 136 months in prison.

This means that sharing a voyeuristic video online, sending it to others, or posting it to social media carries penalties comparable to a second voyeurism offense.

Nonconsensual Intimate Images and AI Deepfakes

K.S.A. 21-6101(a)(8): Revenge Porn and Deepfakes

Kansas criminalizes the dissemination of intimate images of an identifiable person without their consent when done with intent to harass, threaten, or intimidate. This provision was significantly strengthened in 2025.

2025 Update: Senate Bill 186

In 2025, Kansas Governor Laura Kelly signed Senate Bill 186 into law, which amended K.S.A. 21-6101(a)(8) to cover images "created, in whole or in part, altered or modified by artificial intelligence or any digital means." This means:

• AI-generated deepfake videos depicting someone in intimate situations carry the same felony penalties as sharing real intimate images
• Digitally altered videos that make someone appear nude or engaged in sexual activity are covered
• The law applies regardless of whether the identifiable person was involved in creating the original content

A first offense is a severity level 8 person felony (7 to 23 months). A second offense within five years is a severity level 5 person felony (31 to 136 months).

Public Interest Exception

Subsection (a)(8) does not apply to materials used for bona fide scientific, educational, governmental, news reporting, or similar public purpose activities. This protects legitimate journalism, academic research, and government investigations from criminal liability.

Video Recording and Kansas Employment Law

Employer Video Surveillance

Kansas employers may install video cameras in common work areas such as:

• Sales floors and retail spaces
• Warehouses and production areas
• Lobbies and reception areas
• Parking lots
• Building exteriors

Employers cannot install cameras in:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Private break rooms or lactation rooms
• Any area where employees have a reasonable expectation of privacy

Installing cameras in areas where employees expect privacy could result in criminal charges under K.S.A. 21-6101(a)(6).

Employee Rights to Record Video

As a one-party consent state, Kansas permits employees to record video at work in common areas. However, if the video captures audio of conversations, the employee must be a participant in those conversations. Employer policies may separately prohibit recording devices in the workplace, and violating those policies can result in disciplinary action even when the recording itself is legal.

Video Recording of Police in Kansas

The Tenth Circuit's decision in Irizarry v. Yehia confirmed that recording law enforcement officers performing their duties in public is a First Amendment right. In Kansas, you can:

• Film traffic stops, including your own
• Record arrests happening in public
• Livestream police encounters
• Document police activity from a safe distance

Officers cannot order you to stop recording, confiscate your device, or delete your footage unless they have a warrant. However, you must not physically interfere with police operations, obstruct an officer's duties, or trespass to obtain a better angle.

Penalty Summary Table

Offense	Subsection	Classification	Penalty Range
Audio interception captured with video	(a)(1)-(a)(5)	Class A nonperson misdemeanor	Up to 1 year jail, $2,500 fine
Voyeuristic video recording (first offense)	(a)(6)	Severity level 8 person felony	7-23 months prison
Voyeuristic video recording (second offense within 5 years)	(a)(6)	Severity level 5 person felony	31-136 months prison
Disseminating voyeuristic video	(a)(7)	Severity level 5 person felony	31-136 months prison
Nonconsensual intimate video/AI deepfake (first offense)	(a)(8)	Severity level 8 person felony	7-23 months prison
Nonconsensual intimate video/AI deepfake (second offense within 5 years)	(a)(8)	Severity level 5 person felony	31-136 months prison

Civil Remedies for Video Privacy Violations

Victims of illegal video recording can pursue civil damages under K.S.A. 22-2518, which provides:

• Actual damages with a minimum of $100 per day of violation or $1,000, whichever is greater
• Punitive damages at the court's discretion
• Reasonable attorney fees and litigation costs

Victims may also pursue civil claims under Kansas common law theories of invasion of privacy, intentional infliction of emotional distress, or negligence, depending on the circumstances.

Video Evidence in Kansas Courts

Video recordings made legally are generally admissible in Kansas courts under the same authentication and relevance requirements that apply to audio recordings. Under K.S.A. 60-456, the offering party must provide sufficient evidence that the video is genuine and unaltered.

Kansas courts routinely accept video evidence from:

• Security cameras and surveillance systems
• Dashcams and body cameras
• Cell phone recordings
• Doorbell cameras

The court retains discretion under K.S.A. 60-445 to exclude video evidence if its probative value is substantially outweighed by the danger of unfair prejudice.

Common Video Recording Scenarios

Can I Record Video in a Store?

Stores open to the public are generally not considered "private places" under Kansas law. You can record video while shopping, though the store owner may ask you to stop as a condition of remaining on the premises.

Can I Use a Hidden Camera in My Home?

You can install cameras in common areas of your own home. However, you cannot record guests in bathrooms, guest bedrooms, or other areas where they have a reasonable expectation of privacy. If you share the home with a spouse or roommate, recording them in areas where they expect privacy could violate K.S.A. 21-6101(a)(6).

Can My Neighbor Record My Property?

Your neighbor can aim cameras at their own property and public areas. If a neighbor's camera captures portions of your yard visible from public view, that is generally permissible. However, a camera deliberately aimed at areas where you have a reasonable expectation of privacy (such as through your windows) could violate privacy laws.

Can I Record a Concert or Sporting Event?

Venue policies typically prohibit recording. While recording in a space open to the public is not a crime under Kansas law, violating the venue's recording policy may result in ejection or a ban from future events. Professional events may also have intellectual property protections under federal copyright law.

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More Kansas 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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