New York
New York Video Recording Laws: Surveillance Rules and Privacy Limits
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. · 6 primary sources cited on this page. How we verify our legal content
New York permits video recording in public spaces where no reasonable expectation of privacy exists. Secretly recording someone in a bedroom, bathroom, or changing room violates Penal Law 250.45 (unlawful surveillance, Class E felony). Audio captured during video recording follows New York's one-party consent rule under Penal Law 250.05.
New York law does not broadly prohibit video recording. You can film in public spaces, record events you witness, and use security cameras on your own property. The restrictions focus on specific types of invasive visual surveillance. Penal Law Sections 250.40 through 250.65 address unlawful surveillance, which targets the secret recording of people in private locations or in states of undress.
This guide covers when video recording is legal in New York, the specific criminal statutes that prohibit invasive surveillance, penalties for violations, and how audio captured during video recording interacts with New York's one-party consent law.
Video Recording in Public Spaces
Your Right to Record in Public
The First Amendment and New York law protect your right to record in public spaces. Federal courts in the Second Circuit, which covers New York, have recognized that recording events in public is a form of protected expression. You can legally:
- Film on public streets, sidewalks, plazas, and parks
- Record public protests, demonstrations, and rallies
- Video government buildings and landmarks from public property
- Film public meetings, hearings, and legislative proceedings
- Record interactions that take place in open, observable areas
- Use a phone, camera, or any recording device in spaces open to the public
No permit is required for personal video recording in public spaces. However, commercial filming (such as for movies, advertisements, or television) may require permits from city or local authorities in some jurisdictions, including New York City.
Limitations on Public Recording
Even in public, certain limitations apply:
- You cannot trespass on private property to get a better recording angle
- You cannot physically obstruct traffic, emergency vehicles, or pedestrian pathways
- You cannot interfere with law enforcement operations (though you can record them from a reasonable distance)
- Government agencies may impose reasonable time, place, and manner restrictions on recording in public buildings
- Courts and certain secure government facilities may restrict or prohibit recording inside
Recording in Semi-Public Spaces
Businesses, restaurants, shopping centers, and other privately owned spaces open to the public occupy a gray area. The property owner or manager can set rules about video recording. If a business posts a "no recording" policy or asks you to stop filming, they can ask you to leave. Refusing to leave after being asked would constitute trespassing, not a recording violation.
Unlawful Surveillance Statutes
Key Definitions: Penal Law 250.40
Penal Law Section 250.40 provides the definitions that underpin New York's unlawful surveillance laws:
"Imaging device" means any mechanical, digital, or electronic viewing device, camera, cellular phone, or any other instrument capable of recording, storing, or transmitting visual images that can be used to observe a person.
"Place and time when a person has a reasonable expectation of privacy" means a place and time when a reasonable person would believe that they could fully disrobe in privacy.
"Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
"Intimate parts" means the naked or underwear-clad genitals, pubic area, buttocks, or female breast below the top of the nipple.
These definitions are critical because they establish the boundary between lawful video recording and criminal surveillance. The statute focuses specifically on visual invasions of privacy in intimate settings.
Unlawful Surveillance in the Second Degree: Penal Law 250.45
Penal Law Section 250.45 defines unlawful surveillance in the second degree. A person commits this crime when they:
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Use or install an imaging device, for the actor's or another person's amusement, entertainment, or profit, to degrade or abuse the person, or for the actor's or another person's sexual arousal or sexual gratification, to surreptitiously view, broadcast, or record a person dressing or undressing, or the sexual or other intimate parts of a person, at a place and time when the person has a reasonable expectation of privacy, without that person's knowledge or consent
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Use or install an imaging device to surreptitiously view, broadcast, or record under the clothing of another person at a place and time when a reasonable person would believe that their intimate parts would not be visible, regardless of whether that person is in a public or private place
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Use or install an imaging device in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower, or any room assigned to guests or patrons in a motel, hotel, inn, or other lodging establishment, for the purpose of surreptitiously recording
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Use or install an imaging device to surreptitiously view, broadcast, or record a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower, or room assigned to guests, without the person's knowledge or consent, for the purpose of amusement, entertainment, profit, sexual arousal, sexual gratification, or to degrade or abuse a person
Unlawful surveillance in the second degree is a Class E felony, punishable by up to 4 years in state prison and fines up to $5,000.
Unlawful Surveillance in the First Degree: Penal Law 250.50
Penal Law Section 250.50 elevates the offense when a person commits unlawful surveillance in the second degree and has been previously convicted of unlawful surveillance in either the first or second degree within the preceding 10 years.
Unlawful surveillance in the first degree is a Class D felony, punishable by:
- 2 to 7 years in state prison (indeterminate sentence)
- Fines up to $5,000
- Mandatory sex offender registration under the Sex Offender Registration Act (SORA)
The sex offender registration requirement makes a second conviction for unlawful surveillance particularly devastating, carrying lifelong consequences beyond the prison sentence.
Dissemination of Unlawful Surveillance Images
New York separately criminalizes the distribution of images obtained through unlawful surveillance:
Dissemination in the second degree (Penal Law 250.55) occurs when a person intentionally disseminates an image of another person that was obtained through unlawful surveillance, knowing that the image was obtained unlawfully and without the subject's consent. This is a Class A misdemeanor, punishable by up to 1 year in jail.
Dissemination in the first degree (Penal Law 250.60) applies when a person, knowing an image was obtained through unlawful surveillance, sells or publishes it; when the person who created the unlawful surveillance image (in violation of Penal Law 250.45 or 250.50) intentionally disseminates it; or when the person commits dissemination in the second degree and has a prior conviction for dissemination of unlawful surveillance images within the preceding 10 years. This is a Class E felony, punishable by up to 4 years in prison.
Penalty Summary
| Offense | Statute | Classification | Maximum Penalty |
|---|---|---|---|
| Unlawful surveillance, 2nd degree | PL 250.45 | Class E Felony | Up to 4 years in prison |
| Unlawful surveillance, 1st degree | PL 250.50 | Class D Felony | Up to 7 years; sex offender registration |
| Dissemination, 2nd degree | PL 250.55 | Class A Misdemeanor | Up to 1 year in jail |
| Dissemination, 1st degree | PL 250.60 | Class E Felony | Up to 4 years in prison |
Audio Captured During Video Recording
When your video recording captures audio, New York's one-party consent law under Penal Law 250.05 applies to the audio component. This means:
- If you are a participant in the conversation being captured on video, you can record the audio without informing others
- If your video inadvertently captures conversations between other people that you are not part of, the audio portion could raise eavesdropping concerns
- Security cameras that also record audio in private spaces require careful consideration of both the surveillance and eavesdropping statutes
In public spaces where there is no reasonable expectation of privacy, incidental audio capture during video recording is generally not a legal concern.
Video Recording on Private Property
Your Own Property
You have broad rights to install and operate video cameras on property you own. Homeowners and renters can:
- Install exterior security cameras that capture video of their property and adjacent public areas
- Use doorbell cameras (like Ring or Nest) that record visitors and activity at the front door
- Place interior cameras in common living areas of their own home
- Monitor nannies, housekeepers, or other service providers in common areas with video
However, even on your own property, you cannot place cameras in areas where guests or residents have a reasonable expectation of privacy, including:
- Bathrooms and toilets
- Guest bedrooms (especially when guests are staying)
- Changing areas
Someone Else's Property
Recording on someone else's private property is governed by the property owner's rules. The owner can prohibit recording entirely or set conditions. Recording in areas designed for privacy on someone else's property can trigger the unlawful surveillance statutes.
Video Recording in Specific Locations
Retail Stores and Businesses
Retail stores in New York routinely use video surveillance for loss prevention and security. This is generally legal as long as cameras are not placed in fitting rooms, restrooms, or other private areas. Employees and customers in common areas do not have a reasonable expectation of visual privacy that would prevent standard security camera use.
Hotels and Short-Term Rentals
Hidden cameras in hotel rooms, Airbnb properties, or other lodging establishments are explicitly prohibited under Penal Law 250.45. Guests in rooms assigned to them at hotels, motels, inns, and similar lodging have a reasonable expectation of privacy. Property owners who install hidden cameras in guest rooms face Class E felony charges.
Transportation
Video recording on public transportation, including MTA buses and subway platforms, is generally permitted as these are public spaces. The MTA does not prohibit personal photography or video recording for non-commercial purposes on its platforms and in its stations. Commercial filming requires a permit.
Recording Government Proceedings
New York's Open Meetings Law requires that most government meetings be open to the public. Recording of open meetings, including video recording, is generally permitted. Government bodies may adopt reasonable rules about camera placement and equipment, but they cannot prohibit recording altogether.
New York Civil Rights Law section 52 generally prohibits televising, broadcasting, or filming court proceedings in which witness testimony is or may be taken, unless the statute's specific consent requirements are met. Violating it is a misdemeanor. No pending legislation is described here as changing that rule for New York courtrooms.
Civil Liability for Invasive Video Recording
Victims of unlawful video surveillance in New York can pursue civil remedies in addition to criminal prosecution. Available damages include:
- Actual damages for emotional distress, psychological harm, and reputational injury
- Punitive damages for willful or malicious conduct
- Injunctive relief requiring the removal of cameras, deletion of recordings, and prevention of future surveillance
- Attorney's fees and court costs
New York courts have also recognized common-law privacy tort claims for intrusion upon seclusion, which can apply to invasive video recording even in situations that may not fall neatly within the criminal statutes.
Video Recording and Technology
Drones
Drone use for video recording in New York is subject to both state law and Federal Aviation Administration (FAA) regulations. While New York does not have a comprehensive drone privacy statute, using a drone to record someone in a place where they have a reasonable expectation of privacy could constitute unlawful surveillance under Penal Law 250.45. FAA rules require drone operators to register their aircraft, maintain visual line of sight, and follow airspace restrictions.
Smart Glasses and Wearable Cameras
Wearable cameras, including smart glasses like Meta Ray-Bans, can record video in public spaces without violating New York law. However, using these devices to record in private spaces, under clothing, or in areas where people have a reasonable expectation of privacy triggers the unlawful surveillance statutes. New York does not currently have a biometric privacy law equivalent to Illinois' BIPA, so facial geometry data captured by smart glasses does not carry the same statutory damages risk.
Ring Cameras and Doorbell Cameras
Doorbell cameras that record the area immediately outside your door and adjacent public spaces are legal. Disputes can arise when a doorbell camera captures significant footage of a neighbor's property. New York law does not prohibit this, but persistent recording aimed at a neighbor's private spaces could potentially support a harassment or nuisance claim.
Federal Law and Video Recording
Federal law does not impose a broad prohibition on video recording. The relevant federal statutes focus on audio interception rather than visual recording. However, federal law may apply in specific contexts:
- The Video Voyeurism Prevention Act (18 U.S.C. 1801) prohibits photographing or recording the intimate areas of another person without consent on federal property or in special maritime and territorial jurisdiction
- The Fourth Amendment restricts government video surveillance conducted without a warrant, as clarified by the Supreme Court in Carpenter v. United States (2018)
- Title III of the Omnibus Crime Control Act governs audio interception but does not directly address silent video recording
More New York Recording Laws
Audio Recording | Video Recording | Voyeurism and Hidden Cameras | 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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Frequently Asked Questions
Is it legal to video record someone in New York without their consent?
It depends on the location. You can record anyone in a public space without their consent. In private spaces, recording someone without consent can be illegal. Unlawful surveillance under Penal Law 250.45 targets secret recording in places where a person has a reasonable expectation of privacy, such as bedrooms, bathrooms, changing rooms, and hotel rooms. This is a Class E felony with up to 4 years in prison.
Can I record video in a New York store or restaurant?
Generally, yes. Stores and restaurants are semi-public spaces, and customers and employees do not have a reasonable expectation of visual privacy in the common areas of these businesses. However, the business owner can ask you to stop recording and ask you to leave. Recording in fitting rooms, restrooms, or other private areas within a business is illegal.
Are hidden cameras legal in New York?
Hidden cameras are legal in your own home in common areas for purposes like security monitoring or checking on childcare providers. They are illegal in any location where a person has a reasonable expectation of privacy, including bathrooms, bedrooms (when guests are present), changing rooms, and hotel rooms. They are also illegal if used to record under someone's clothing or to capture intimate parts without consent.
What is the penalty for unlawful video surveillance in New York?
Unlawful surveillance in the second degree is a Class E felony carrying up to 4 years in prison and fines up to $5,000. A second conviction within 10 years elevates the charge to unlawful surveillance in the first degree, a Class D felony with up to 7 years in prison and mandatory sex offender registration. Disseminating unlawful surveillance images is a separate offense carrying up to 1 year in jail for a first offense.
Does the audio on my video recording follow different rules than the video?
Yes. Video and audio are governed by separate statutes in New York. The video component is governed by the unlawful surveillance statutes (Penal Law 250.40 through 250.65), while the audio component falls under the eavesdropping and wiretapping statutes (Penal Law 250.00 through 250.05). For audio, New York follows one-party consent, meaning you can capture audio if you are a participant in the conversation. If your video records conversations you are not part of, the audio component could raise eavesdropping issues.
Updates
Corrected a citation that mischaracterized a body-camera-tampering bill as courtroom-camera legislation, replacing it with an accurate description of the state law restricting courtroom recording, and restored the improper-purpose element (amusement, profit, degradation, or sexual gratification) that New York's unlawful-surveillance statute requires alongside the reasonable-expectation-of-privacy element.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the first-degree dissemination description, which stated the prior-conviction pathway as if it were the only way to commit the offense — the statute also reaches selling/publishing a known-unlawful image and the creator disseminating their own unlawfully created image, neither of which requires a prior conviction.
Governing law re-checked for recent changes
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.
New York Penal Law
§ 250.45Unlawful surveillance in the second degreeIn forcecited in 18 of our articles
Unlawful surveillance in the second degree. A person is guilty of unlawful surveillance in the second degree when: 1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or 2. For his or her own, or another person's sexual arousal or sexual gratification, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or 3.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 51 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):People v. Piznarski (2013) held Penal Law 250.45 reaches a participant who secretly records consensual sex, that the victim kept a reasonable expectation of privacy, and that the one-party consent rule for eavesdropping does not apply. People v. Evans (2006) applied section 250.45(3) to a camera hidden in a bedroom.
Opinions citing this section in our collection:
- People v. Evans (Appellate Division of the Supreme Court of the State of New York 2006, 27 A.D.3d 905)✓A man placed a video camera in his girlfriend's 12-year-old daughter's bedroom and recorded her undressing, then pleaded guilty under Section 250.45(3); the court affirmed, holding the plea needed no express admission of no legitimate purpose given the statutory presumption.
- People v. Lema (Appellate Division of the Supreme Court of the State of New York 2017, 152 A.D.3d 440)✓A man used a phone camera to record under women's skirts on a subway train, but dark lighting produced no image of intimate parts; the court affirmed, holding Section 250.45(4) is satisfied when a device is used for the purpose of making such a recording.
- People v. Piznarski (Appellate Division of the Supreme Court of the State of New York 2013, 113 A.D.3d 166)✓A student secretly recorded sex with two women using a camera left in view on his bedroom desk; the court affirmed under Section 250.45, holding the statute reaches a participant who records a consensual encounter and that a visible camera can still be used surreptitiously.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Dashcam Laws: Legality, Mounting Rules, and Evidence Use, New York Landlord-Tenant Recording Laws: Rights for Renters and Property Owners, New York Medical Recording Laws: Patient Rights and Healthcare Privacy
§ 250.00Eavesdropping; definitions of termsIn forcecited in 19 of our articles
Eavesdropping; definitions of terms. The following definitions are applicable to this article: 1. "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment. The normal operation of a telephone or telegraph corporation and the normal use of the services and facilities furnished by such corporation pursuant to its tariffs or necessary to protect the rights or property of said corporation shall not be deemed "wiretapping." 2. "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 56 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- People v. Fata (New York County Courts 1988, 139 Misc. 2d 979)“…Fata had a justifiable expectation of privacy; and (c) that Penal Law § 250.00 et seq. prohibit the mechanical overh…”
- The People v. Anthony Badalamenti (New York Court of Appeals 2016, 27 N.Y.3d 423)“…t of “mechanical overhearing of a conversation” pursuant to Penal Law § 250.00 (2), includes vicarious consent, on beh…”
- Gurevich v. Gurevich (New York Supreme Court 2009, 24 Misc. 3d 808)“…11 ing” as they relate to Penal Law § 250.05 are defined in Penal Law § 250.00 (6) as: “the intentional acquiring, r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Audio Recording Laws: One-Party Consent Rules and Penalties, New York Phone Call Recording Laws: Consent Rules for Landline, Cell, and VoIP, New York Laws on Recording Police: Your Rights and Limits
§ 250.40Unlawful surveillance; definitionsIn force
Unlawful surveillance; definitions. The following definitions shall apply to sections 250.45, 250.50, 250.55 and 250.60 of this article: 1. "Place and time when a person has a reasonable expectation of privacy" means a place and time when a reasonable person would believe that he or she could fully disrobe in privacy. 2. "Imaging device" means any mechanical, digital or electronic viewing device, camera, cellular phone or any other instrument capable of recording, storing or transmitting visual images that can be utilized to observe a person. 3. "Sexual or other intimate parts" means the human male or female genitals, pubic area or buttocks, or the female breast below the top of the nipple, and shall include such part or parts which are covered only by an undergarment. 4. "Broadcast" means electronically transmitting a visual image with the intent that it be viewed by a person. 5. "Disseminate" means to give, provide, lend, deliver, mail, send, forward, transfer or transmit, electronically or otherwise to another person. 6.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- People v. Morriale (Criminal Court of the City of New York 2008, 20 Misc. 3d 558)“…Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 250.40, 2008 Supp Pamph, at 247.) As there are…”
- People v. Evans (Appellate Division of the Supreme Court of the State of New York 2006, 27 A.D.3d 905)“…he intentional use or installation of any “imaging device” (Penal Law § 250.40 [2]) to “surreptitiously view, broadcas…”
- Foster v. Svenson (Appellate Division of the Supreme Court of the State of New York 2015, 128 A.D.3d 150)“…does not implicate the type of criminal conduct covered by Penal Law § 250.40 et seq., prohibiting unlaw…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 250.50Unlawful surveillance in the first degreeIn forcecited in 6 of our articles
Unlawful surveillance in the first degree. A person is guilty of unlawful surveillance in the first degree when he or she commits the crime of unlawful surveillance in the second degree and has been previously convicted within the past ten years of unlawful surveillance in the first or second degree. Unlawful surveillance in the first degree is a class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- People v. Diaz (New York Court of Appeals 2018, 32 N.Y.3d 538)“…stration for first-degree unlawful surveillance pursuant to Penal Law § 250.50]). Thus, SORA's overall purpose of "pro…”
- People v. Williams (Appellate Division of the Supreme Court of the State of New York 2005, 20 A.D.3d 72)“…into the statutory definition of criminal assistance under Penal Law § 250.50 (4). We also think a proper distincti…”
- People v. Morriale (Criminal Court of the City of New York 2008, 20 Misc. 3d 558)“…of the crime of unlawful surveillance in the first degree, Penal Law § 250.50 cannot serve as a predicate for the one…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Voyeurism and Hidden Camera Laws: Penalties and Protections, Is It Illegal to Video Record Someone Without Their Consent? (2026), New York Ring Doorbell Laws: What You Need to Know in 2026
§ 250.55Dissemination of an unlawful surveillance image in the second degreeIn forcecited in 3 of our articles
Dissemination of an unlawful surveillance image in the second degree. A person is guilty of dissemination of an unlawful surveillance image in the second degree when he or she, with knowledge of the unlawful conduct by which an image or images of the sexual or other intimate parts of another person or persons were obtained and such unlawful conduct would satisfy the essential elements of the crime of unlawful surveillance in the first or second degree, as defined, respectively, in section 250.50 or 250.45 of this article, intentionally disseminates such image or images. Dissemination of an unlawful surveillance image in the second degree is a class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- People v. Morriale (Criminal Court of the City of New York 2008, 20 Misc. 3d 558)“…ul surveillance image in the second degree, in violation of Penal Law § 250.55. This statute was enacted in 2003 as pa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Surveillance Camera Laws (2026 Guide)
§ 250.60Dissemination of an unlawful surveillance image in the first degreeIn forcecited in 2 of our articles
Dissemination of an unlawful surveillance image in the first degree. A person is guilty of dissemination of an unlawful surveillance image in the first degree when: 1. He or she, with knowledge of the unlawful conduct by which an image or images of the sexual or other intimate parts of another person or persons were obtained and such unlawful conduct would satisfy the essential elements of the crime of unlawful surveillance in the first or second degree, as defined, respectively, in section 250.50 or 250.45 of this article, sells or publishes such image or images; or 2. Having created a surveillance image in violation of section 250.45 or 250.50 of this article, or in violation of the law in any other jurisdiction which includes all of the essential elements of either such crime, or having acted as an accomplice to such crime, or acting as an agent to the person who committed such crime, he or she intentionally disseminates such unlawfully created image; or 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
United States Code Title 18
§ 1801Video voyeurismIn forcecited in 79 of our articles
Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both. In this section— the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons; the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual; the term “female breast” means any portion of the female breast below the top of the areola; and the term “under circumstances in which that individual has a reasonable expectation of privacy” means— circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or circumstances in which a…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Courts have applied 18 U.S.C. 1801 mainly at its edges. United States v. Johnson (2010) read it as Congress's answer to secretly filming nudity on federal property, acquitting on a child exploitation charge instead. EPIC v. Department of Homeland Security (2011) applied the Section 1801(c) law enforcement exception to a TSA scanner claim.
Opinions citing this section in our collection:
- United States v. Anthony Helton (Court of Appeals for the Fourth Circuit 2019, 944 F.3d 198)“…from this list of federal offenses is video voyeurism under 18 U.S.C. § 1801. Rather than list this statute as an enu…”
- United States v. Johnson (District Court, W.D. Missouri 2010, 719 F. Supp. 2d 1059)✓A weightlifting coach hid a camera to film minors weighing in nude; acquitting him under the child exploitation statute, the court called that conduct plain video voyeurism under section 1801, but noted the section reaches only federal maritime and territorial jurisdiction.
- Electronic Privacy Information Center v. United States Department of Homeland Security (Court of Appeals for the D.C. Circuit 2011, 653 F.3d 1)✓Privacy groups challenged TSA body scanners under the Video Voyeurism Prevention Act; the D.C. Circuit held the statute's exception for lawful law enforcement, correctional, or intelligence activity applied to airport screening, so the section 1801 claim failed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Voyeurism and Hidden Camera Laws: AS 11.61.123 Explained (2026), Arizona Surreptitious Recording & Voyeurism Laws: ARS 13-3019 Penalties (2026), Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026)
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Sources and References
- N.Y. Penal Law Article 250 - Offenses Against the Right to Privacy(nysenate.gov).gov
- N.Y. Penal Law 250.45 - Unlawful Surveillance in the Second Degree(nysenate.gov).gov
- N.Y. Penal Law 250.50 - Unlawful Surveillance in the First Degree(nysenate.gov).gov
- N.Y. Penal Law 250.40 - Unlawful Surveillance Definitions(law.justia.com)
- N.Y. Penal Law 250.55 - Dissemination of Unlawful Surveillance Image(law.justia.com)
- N.Y. Penal Law 250.60 - Dissemination First Degree(nysenate.gov).gov
- New York Open Meetings Law(dos.ny.gov).gov
- 18 U.S.C. 1801 - Video Voyeurism Prevention Act(law.cornell.edu)
- N.Y. Penal Law 250.00 - Eavesdropping Definitions(nysenate.gov).gov