Kansas
Kansas Video Recording Laws
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. · 5 primary sources cited on this page. How we verify our legal content
In Kansas, video recording is legal wherever people lack a reasonable expectation of privacy, including public streets, parks, and government buildings. When video also captures audio, the one-party consent rule under K.S.A. 21-6101 applies. Secretly recording someone in a private space where they expect privacy is voyeurism, a felony under that same statute.
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.
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 the Kansas Rules of Evidence, 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 risk of unfair and harmful surprise to a party who has not had a reasonable opportunity to anticipate that the evidence would be offered.
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.
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
More Kansas Recording Topics
More Kansas Laws
Frequently Asked Questions
Is it legal to video record someone in Kansas without their knowledge?
It depends on the context. Video recording in public spaces is generally legal because people do not have a reasonable expectation of privacy in public. However, secretly video recording someone in a private place where they expect privacy, such as a bathroom, bedroom, or changing room, is illegal voyeurism under K.S.A. 21-6101(a)(6) and is a severity level 8 person felony.
What are the penalties for voyeuristic video recording in Kansas?
A first voyeurism offense under K.S.A. 21-6101(a)(6) is a severity level 8 person felony carrying 7 to 23 months in prison. A second offense within five years is a severity level 5 person felony carrying 31 to 136 months. Disseminating voyeuristic video under subsection (a)(7) is a severity level 5 person felony even on a first offense.
Can I install security cameras outside my home in Kansas?
Yes. Kansas homeowners can install exterior security cameras on their own property. Your cameras should be aimed at your own property and public areas rather than deliberately targeting areas where neighbors have a reasonable expectation of privacy. Adding audio recording to outdoor cameras follows the one-party consent rule under K.S.A. 21-6101.
Does Kansas law cover AI-generated deepfake videos?
Yes. In 2025, Kansas passed Senate Bill 186, which amended K.S.A. 21-6101(a)(8) to criminalize the dissemination of AI-generated or digitally altered images and videos that depict an identifiable person in intimate situations without their consent. This is a severity level 8 person felony on a first offense.
Can I record video at my workplace in Kansas?
You can generally record video in common work areas. If the video captures audio conversations, you must be a participant in those conversations to comply with Kansas one-party consent law. Your employer may have internal policies prohibiting recording devices, and violating those policies could result in disciplinary action even when the recording is legal under state law.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the K.S.A. 60-445 exclusion standard: the statute's ground for exclusion is unfair and harmful surprise, not the broader 'danger of unfair prejudice' test the article stated.
Governing law re-checked for recent changes
Corrected two errors: K.S.A. 60-456 governs lay/expert opinion testimony, not authentication of evidence, so the wrong-section citation was removed and replaced with a general reference to the Kansas Rules of Evidence; and removed a fabricated public-access exclusion from the K.S.A. 21-6101(f) "private place" definition, which the statute's actual text does not contain.
Governing law re-checked for recent changes
Confirmed SB 186 (L. 2025 ch. 120 sec. 3) signed April 24, 2025, effective July 1, 2025, amending K.S.A. 21-6101(a)(8) for AI-altered intimate images. Severity level 8 person felony first offense, level 5 on repeat within five years. K.S.A. 22-2518 civil remedy confirmed. Added UpdatesLog.
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kansas Statutes Annotated, Chapter 21: CRIMES AND PUNISHMENTS
§ 21-6101Breach of privacy.In forcecited in 26 of our articles
(a) Breach of privacy is knowingly and without lawful authority: (1) Intercepting, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of private communication; (2) divulging, without the consent of the sender or receiver, the existence or contents of such message if such person knows that the message was illegally intercepted, or if such person illegally learned of the message in the course of employment with an agency in transmitting such message; (3) entering with intent to listen surreptitiously to private conversations in a private place or to observe the personal conduct of any other person or persons entitled to privacy therein; (4) installing or using outside or inside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible without the use of such device, without the consent of the person or persons entitled to privacy therein; (5) installing or using any device or equipment for the interception of any telephone, telegraph or other wire or wireless communication without the consent of the person in…
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Recent Kansas decisions construe the image-dissemination subsection, K.S.A. 21-6101(a)(8), not the interception subsections. State v. Ivy (2025) held a reasonable expectation of privacy under that subsection has a subjective and an objective component. State v. Jamil (2026), unpublished, found disseminating needs no jury definition.
Opinions citing this section in our collection:
- State v. Ivy (Court of Appeals of Kansas 2025)✓Ivy posted on Snapchat a sexual video his ex-girlfriend had recorded and texted him during their relationship; the court applied a subjective and objective two-part test and held a jury could find she kept a reasonable expectation of privacy, affirming the conviction.
- In re Belcher (Supreme Court of Kansas 2024, 552 P.3d 1213)“…deotape, photograph, film or image obtained in violation of K.S.A. 21-6101(a)(6) or (a)(8), and amendments…”
- State v. Jamil (Court of Appeals of Kansas 2026)✓Jamil secretly filmed a woman undressed and unconscious at his home, then sent the videos to her boyfriend; the court held that sharing with a single recipient can be disseminating under K.S.A. 21-6101(a)(8) and that intent to harass could be inferred from his conduct.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Audio Recording Laws, Kansas Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026), Kansas Phone Call Recording Laws
§ 21-5808Criminal trespass.In forcecited in 4 of our articles
(a) Criminal trespass is entering or remaining upon or in any: (1) Land, nonnavigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and: (A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; (B) such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or (C) such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Lyon (Court of Appeals of Kansas 2020, 58 Kan. App. 2d 474)“…ger of such premises not to enter such premises pursuant to K.S.A. 21-5808, and amendments thereto, except…”
- State v. Vano – Per Curiam – Affirmed – Johnson (Court of Appeals of Kansas 2023)“…raining order must have prevented him from being there. See K.S.A. 21-5808 (defining criminal trespassing). Yet no…”
- State v. Swopes (Court of Appeals of Kansas 2017)“…801(a)(1) and (b)(3); (4) criminal trespass in violation of K.S.A. 21-5808(a)(1)(B); and (5) theft—less than $1,00…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Laws on Recording in Public, Kansas Security Camera Laws, Kansas Laws on Recording Police
Kansas Statutes Annotated, Chapter 22: CRIMINAL PROCEDURE
§ 22-2518Same; civil action for damages; defense available in civil and criminal actions.In forcecited in 11 of our articles
(1) Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose or use, such communications, and shall be entitled to recover from any such person: (a) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater; (b) punitive damages; and (c) reasonable attorneys' fees and other litigation costs reasonably incurred. (2) A good faith reliance by any person on a court order authorizing the interception of any wire, oral or electronic communication shall constitute a complete defense in any civil or criminal action brought against such person based upon such interception.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Gibson (Supreme Court of Kansas 1994, 255 Kan. 474)“…f unlawfully intercepted *481 wire or oral communications. K.S.A. 22-2518 establishes a civil cause of action for…”
- Fields v. Atchison, Topeka, & Santa Fe Railway Co. (District Court, D. Kansas 1997, 985 F. Supp. 1308)“…18 U.S.C. § 2510 et seq., and the Kansas Wiretap Act, K.S.A. 22-2518, and invaded their privacy by intercept…”
- Banks v. Opat (District Court, D. Kansas 2021)“…ete defense against any civil action. 18 U.S.C. § 2520(d); K.S.A. § 22-2518(2). “To be in good faith, the officers’…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Landlord-Tenant Recording Laws, Kansas Voyeurism Laws, Kansas Workplace Recording Laws
Kansas Statutes Annotated, Chapter 60: PROCEDURE, CIVIL
§ 60-445Discretion of judge to exclude admissible evidence.In forcecited in 2 of our articles
Except as in this article otherwise provided, the judge may in his or her discretion exclude evidence if he or she finds that its probative value is substantially outweighed by the risk that its admission will unfairly and harmfully surprise a party who has not had reasonable opportunity to anticipate that such evidence would be offered.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 323 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Robinson (Supreme Court of Kansas 2015, 303 Kan. 11)“…admitting evidence of uncharged homicides in violation of K.S.A. 60-445 and K.S.A. 60-455; (4) allowing the med…”
- State v. Richmond (Supreme Court of Kansas 2009, 289 Kan. 419)“…d now argues that the testimony was inadmissible because of K.S.A. 60-445, 60-447, and 60-455. The State g…”
- State v. Prine (Supreme Court of Kansas 2013, 297 Kan. 460)“…55(d) reads in pertinent part: “(d) Except as provided in K.S.A. 60-445, and amendments thereto, in a criminal…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- K.S.A. 21-6101 - Breach of Privacy (Kansas Revisor of Statutes)(ksrevisor.org).gov
- K.S.A. 22-2518 - Civil Action for Damages (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- Senate Bill 186 - 2025 Session Laws (Kansas Secretary of State)(sos.ks.gov).gov
- Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022)(ca10.uscourts.gov).gov
- K.S.A. 21-5808 - Criminal Trespass (Kansas Revisor of Statutes)(ksrevisor.org).gov