Tennessee
Tennessee Video Recording Laws: What Is Legal and What Is Not
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
Tennessee permits silent video recording in any public place where people lack a reasonable expectation of privacy. When audio is captured alongside video, Tenn. Code Ann. section 39-13-601 requires only one-party consent. Recording someone in a private setting without consent violates Tenn. Code Ann. section 39-13-605.
Tennessee does not have a single, comprehensive video recording statute. Instead, the legality of video recording depends on a combination of wiretapping laws, voyeurism statutes, unlawful photography prohibitions, and privacy protections. The rules differ significantly depending on whether you are filming in public, on private property, or in a location where someone has a reasonable expectation of privacy.
This guide explains what Tennessee law says about video recording in every major context, from public streets and workplaces to homes and commercial properties.
Video Recording in Public Places
General Rule: Public Filming Is Legal
Tennessee has no general prohibition on video recording in public places. You have the right to record video on:
- Public streets, sidewalks, and highways
- Parks, plazas, and other public outdoor spaces
- Government buildings that are open to the public
- Public transportation areas
- Any location where you are legally present and others have no reasonable expectation of privacy
This right is grounded in the First Amendment and has been broadly recognized by courts across the country. Video recording in public is considered a form of protected expression and newsgathering.
Audio Capture in Public
When your video recording also captures audio, Tennessee's wiretapping law comes into play. Under Tenn. Code Ann. section 39-13-601, the one-party consent rule applies to oral communications. However, conversations in public where speakers have no reasonable expectation of privacy are not protected "oral communications" under the statute.
In practice, this means filming with audio in public places is generally lawful, because the people being recorded typically lack a reasonable privacy expectation for their words spoken in public.
Public Government Meetings
The Tennessee Open Meetings Act (Tenn. Code Ann. section 8-44-101 et seq.) requires most government body meetings to be open to the public. You can video record:
- City and county commission meetings
- School board meetings
- State legislative proceedings
- Planning and zoning board hearings
- Public hearings and town halls
The Tennessee Comptroller's Office of Open Records Counsel provides guidance on public meeting access and can assist with complaints about restrictions on recording.
Video Recording on Private Property
Property Owner's Rights
On private property, the property owner or occupant has the authority to set rules about recording. A business owner can prohibit filming inside their store, a homeowner can restrict recording on their land, and an employer can regulate recording in the workplace.
If you are asked to stop recording on private property and refuse, you may be asked to leave. Remaining after being told to leave can result in trespassing charges under Tenn. Code Ann. section 39-14-405.
Commercial Establishments
Businesses in Tennessee can:
- Install security cameras in common areas
- Record video in retail spaces, lobbies, and parking lots
- Use loss prevention cameras
- Monitor employee work areas (with some restrictions)
Businesses cannot install cameras in:
- Restrooms
- Changing rooms or fitting rooms
- Locker rooms
- Any area where customers or employees have a reasonable expectation of privacy
Recording Inside Your Own Home
You have broad rights to video record inside your own home. Homeowners commonly install security cameras, nanny cameras, doorbell cameras, and indoor monitoring systems. However, there are important limitations:
- You cannot record guests in areas where they have a reasonable expectation of privacy, such as bathrooms and guest bedrooms
- Audio captured by home cameras is subject to the one-party consent rule under section 39-13-601
- You cannot use home cameras to record intimate activities of others without their consent
Tennessee's Unlawful Photography Statute
Tenn. Code Ann. Section 39-13-605
Tennessee has a specific statute targeting certain types of visual recording. Tenn. Code Ann. section 39-13-605, substantially rewritten by Public Chapter 474 effective July 1, 2025, makes it illegal to knowingly photograph, record, or film another person without their consent under any of three separate pathways:
- The person has a reasonable expectation of privacy (defined by the statute according to the manner of the photography and what it depicts, not the physical location where it was taken) and the photo would offend or embarrass an ordinary person and was taken for sexual arousal or gratification, or includes an unclothed intimate area or sexual activity the photographer knew it would show, or
- The person has a reasonable expectation of privacy and the photo includes an unclothed intimate area, was taken to offend, intimidate, embarrass, ridicule, or harass the victim, and was disseminated or its dissemination was threatened or permitted, or
- The photo is focused on an intimate area and taken for sexual arousal or gratification, regardless of whether the person had a reasonable expectation of privacy
Penalties for Unlawful Photography
| Offense | Classification | Penalty |
|---|---|---|
| Unlawful photography, sexual-purpose or intimate-area pathway | Class E Felony | 1 to 6 years imprisonment |
| Same offense with dissemination, or victim under 13 | Class D Felony | 2 to 12 years imprisonment |
| Same offense with dissemination and victim under 13, or defendant in a position of trust | Class C Felony | 3 to 15 years imprisonment |
| Dissemination-focused offense, first violation | Class B Misdemeanor | Up to 6 months, up to $500 fine |
| Dissemination-focused offense, second or subsequent violation | Class A Misdemeanor | Up to 11 months 29 days, up to $2,500 fine |
What This Means in Practice
The unlawful photography statute targets "upskirting," hidden bathroom cameras, and similar invasive recordings. It does not apply to normal photography or video recording in public. Most pathways require sexual motivation combined with a privacy violation, though the intimate-area pathway applies regardless of whether the photo was taken in a place carrying a privacy expectation.
Observation Without Consent
Tenn. Code Ann. Section 39-13-607
Tennessee also criminalizes observation without consent under Tenn. Code Ann. section 39-13-607. This statute makes it illegal to knowingly spy on someone in a place where they have a reasonable expectation of privacy, when the observation is done for the purpose of sexual arousal or gratification.
This statute covers not just recording but also live observation. Peeping through windows, drilling holes in walls, or using electronic devices to observe someone in a private setting all fall under this prohibition.
Relationship to Video Recording
The observation statute overlaps with the unlawful photography statute but covers additional conduct. While section 39-13-605 targets recording and photographing, section 39-13-607 targets the act of watching or observing itself. A person who installs a hidden camera in someone's bathroom could be charged under both statutes.
Video Recording in the Workplace
Employer Video Surveillance
Tennessee employers can install video surveillance in the workplace, subject to these guidelines:
Permitted locations:
- Open office areas and cubicle farms
- Retail sales floors
- Warehouses and manufacturing areas
- Parking lots and building exteriors
- Lobbies, hallways, and common areas
- Break rooms (video only, no audio in private conversations)
Prohibited locations:
- Restrooms and bathrooms
- Changing rooms and locker rooms
- Designated private spaces such as nursing rooms
- Any area where employees have a reasonable expectation of bodily privacy
Employee Video Recording Rights
Employees in Tennessee can video record in the workplace in areas where they are present and have a right to be. Under the one-party consent framework, audio captured alongside video is legal as long as the employee recording is a participant in any conversation being captured.
Employer policies may restrict recording. While violating a no-recording policy is not criminal, it can result in disciplinary action or termination. The National Labor Relations Board has recognized that some employer recording restrictions can interfere with protected employee rights under Section 7 of the NLRA.
Video Recording and Law Enforcement
Filming Police Officers
Video recording law enforcement officers performing their public duties in Tennessee is widely practiced and generally permitted, though the legal footing deserves a caveat: the Sixth Circuit, which covers Tennessee, has no published decision establishing a First Amendment right to do so, unlike the 1st, 3rd, 5th, 7th, 9th, 10th, and 11th Circuits. This commonly includes filming:
- Traffic stops, including your own
- Arrests occurring in public view
- Officers patrolling or responding to incidents
- Police interactions at public events
Tennessee's one-party consent law independently protects recording a conversation you are a party to, including with an officer, regardless of the unsettled constitutional question. Courts elsewhere have recognized a First Amendment right to record police in public, and Tennessee practice follows that trend by analogy, but no published Sixth Circuit decision has announced the right.
Limitations on filming police:
- Do not physically interfere with officers performing their duties
- Do not cross police tape or enter restricted areas
- Follow lawful orders to move to a safe distance
- Do not obstruct emergency operations
Police Body Cameras and Dashcams
Tennessee law addresses law enforcement recording through the Tennessee Body-Worn Camera Act. Law enforcement agencies that use body cameras must establish written policies governing their use, storage, and public access to footage. Body camera footage is generally subject to public records requests under the Tennessee Public Records Act, though certain exemptions apply for active investigations and personal privacy.
Non-Consensual Distribution of Intimate Images
Tennessee's Revenge Porn Law
Tennessee law criminalizes the non-consensual distribution of intimate images. Publishing or distributing sexually explicit images of another person without their consent, when the images were obtained in a context where the person had a reasonable expectation of privacy, is a criminal offense.
This applies to video recordings as well as photographs. A person who records an intimate encounter with consent but then shares the recording without consent can face criminal charges. The penalties increase when the distribution is done for the purpose of harassment or intimidation.
Using Video Recordings as Evidence
Admissibility in Tennessee Courts
Video recordings are admissible in Tennessee courts when they meet basic evidentiary standards under the Tennessee Rules of Evidence:
- Authentication: A witness must testify that the recording accurately depicts what it purports to show
- Relevance: The video must relate to an issue in the case
- Legality: The recording must have been obtained lawfully
- Integrity: The video must not have been materially altered or edited in a misleading way
Security Camera Footage
Security camera footage from businesses and homes is routinely admitted as evidence in Tennessee criminal and civil cases. The footage is typically authenticated by the person who owns or manages the camera system, who testifies about when the cameras were installed, how they operate, and confirms the footage is accurate.
Best Practices for Video Evidence
- Preserve the original file without editing
- Note the exact date, time, and location of the recording
- Document the camera or device used and its settings
- Maintain a secure chain of custody
- Consult an attorney about procedures for submitting video evidence
Tennessee's AI Voice and Likeness Law (ELVIS Act)
The Ensuring Likeness Voice and Image Security (ELVIS) Act (T.C.A. § 47-25-1101 et seq.), enacted as Public Chapter 588 of 2024 and effective July 1, 2024, made Tennessee the first state in the nation to extend right-of-publicity protection specifically to a person's voice against unauthorized AI imitation. The Act prohibits any person from using an individual's voice, image, or likeness in an AI-generated work without consent. It creates civil liability including actual damages, disgorgement of profits, and injunctive relief. Any video recording that incorporates AI-generated voice or likeness cloning implicates both this Act and T.C.A. § 39-13-601.
2025 Preventing Deepfake Images Act
The Preventing Deepfake Images Act (Public Chapter 466 of 2025, HB 1299), effective July 1, 2025, adds T.C.A. Title 39, Chapter 17 provisions creating criminal and civil liability for the nonconsensual disclosure of intimate digital depictions, expressly including AI-generated content:
- Base offense: Class E felony (1 to 6 years imprisonment)
- Aggravated offense (harassment, commercial gain, or minor victim): Class C felony (3 to 15 years imprisonment)
- Civil cause of action: actual damages, statutory damages, attorney fees, and injunctive relief
This Act covers synthetic or AI-generated intimate video content depicting a real person, not just footage obtained by direct recording. Together with the ELVIS Act, these laws make Tennessee one of the most protective states for individuals whose image or voice is misappropriated.
Tennessee Recording Laws by Topic
Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras
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Frequently Asked Questions
Is it legal to video record in public in Tennessee?
Yes. Tennessee has no general prohibition on video recording in public places. You can film on public streets, sidewalks, parks, and at government meetings. People in public generally have no reasonable expectation of privacy.
Can I install security cameras in my home in Tennessee?
Yes. Homeowners can install security cameras inside and outside their homes. However, you cannot place cameras in areas where guests have a reasonable expectation of privacy, such as bathrooms or guest bedrooms, and audio recording is subject to the one-party consent rule.
Is it illegal to record someone without their knowledge on video in Tennessee?
It depends on the circumstances. Video-only recording in public is generally legal. Video recording in a private setting where someone has a reasonable expectation of privacy, especially for sexual purposes, is illegal under Tenn. Code Ann. sections 39-13-605 and 39-13-607.
Can my employer install cameras at work in Tennessee?
Yes, in common work areas such as offices, retail floors, and hallways. Employers cannot install cameras in restrooms, changing rooms, locker rooms, or other areas where employees have a reasonable expectation of bodily privacy.
What are the penalties for unlawful video recording in Tennessee?
Unlawful photography under Tenn. Code Ann. section 39-13-605 is a Class E felony (1 to 6 years imprisonment) as of July 1, 2025, rising to a Class D or Class C felony if the images are disseminated or the victim is a minor. A narrower dissemination-only pathway is a Class B or Class A misdemeanor. Illegal wiretapping involving audio is a Class D felony (2 to 12 years).
Updates
Hedged the police-recording section to note the Sixth Circuit has no published decision establishing a First Amendment right to film officers in public (matching the site's own Tennessee hub page), and fixed three broken or misdirected citation links: the ELVIS Act link now points to the enrolled Public Chapter 588 of 2024 act text instead of an unrelated federal copyright statute, and the section 39-13-607 links now point to the correct statute instead of section 39-13-601 or a bare index page.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Updated the description of Tennessee's unlawful photography law (Tenn. Code Ann. 39-13-605) to reflect Public Chapter 474 (effective July 1, 2025), which restructured the offense into three pathways and raised the base penalty from a Class A misdemeanor to a Class E felony.
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.
Tennessee Code Annotated
§ 39-13-601Wiretapping and electronic surveillance — Prohibited acts — Exceptions.In forcecited in 20 of our articles
(a)(1) Except as otherwise specifically provided in §§ 39-13-601 — [former] 39-13-603 [repealed] and title 40, chapter 6, part 3, a person commits an offense who: (A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at publications.tnsosfiles.com
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Lawrence v. Lawrence held a parent may vicariously consent under Section 39-13-601 to recording a 2 1/2-year-old child's phone call with the other parent. State of Tennessee v. Henry Floyd Sanders noted that a body-wire recording made with one party's consent is lawful under the section's exceptions.
Opinions citing this section in our collection:
- Lawrence v. Lawrence (Court of Appeals of Tennessee 2010, 360 S.W.3d 416)“…called upon to construe the term “consent” as it is used in Tenn. Code Ann. § 39-13-601 to determine whether Mother had an “unr…”
- Harold Dean McDaniel v. Kimberly Ruth McDaniel (Court of Appeals of Tennessee 2010)“…ourt: I have had an opportunity to look at T.C.A. 39-13-601(a)(1), (A) and (B), and…”
- State of Tennessee v. Henry Floyd Sanders (Tennessee Supreme Court 2014, 452 S.W.3d 300)✓Police recorded a front yard conversation in which a man admitted touching his ex-partner's daughter; the court upheld admission of the recording as a voluntary statement to a confidante and noted that this type of recording is sanctioned as lawful by 39-13-601(b)(4)-(5).
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Recording Laws (2026): One-Party Consent Rules, Tennessee Voyeurism and Hidden Camera Laws: Statutes and Penalties, Tennessee Audio Recording Laws: One-Party Consent Rules and Penalties
§ 39-13-605Unlawful photographing in violation of privacy.In forcecited in 10 of our articles
(a) It is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State of Tennessee v. David Eric Lambert (2020) reversed a conviction under the pre-2018 version of section 39-13-605 because a fully clothed shopper in public had no reasonable expectation of privacy. State of Tennessee v. Brandon Robert Vandenburg (2019) rejected a vagueness challenge to the same element.
Opinions citing this section in our collection:
- State of Tennessee v. Thomas Whited (Tennessee Supreme Court 2016, 506 S.W.3d 416)✓A father hid a phone to video his twelve-year-old daughter and her friend undressing; the court noted the evidence would have supported unlawful photography under section 39-13-605, but charges were dropped because the statute excepts photographing a minor with parental consent.
- State of Tennessee v. David Eric Lambert (Court of Criminal Appeals of Tennessee 2020)✓A man followed a fully clothed woman through a Walmart and aimed his phone at her, but no image was ever found; the court held section 39-13-605 was not satisfied because she had no reasonable expectation of privacy and no photograph existed to judge, and reversed the conviction.
- State of Tennessee v. Brandon Robert Vandenburg (Court of Criminal Appeals of Tennessee 2019)✓A student photographed and filmed an unconscious, intoxicated woman as she was sexually assaulted in his dorm, then sent the files to a friend; the court upheld his felony conviction under section 39-13-605 and rejected his claim that the statute was unconstitutionally vague.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Landlord-Tenant Recording Laws: Rights and Restrictions, Tennessee School Recording Laws: Student, Parent, and Teacher Rights, Tennessee Security Camera Laws: Home, Business, and HOA Rules
§ 39-13-607Observation without consent.In forcecited in 6 of our articles
(a) It is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing: (1) Would offend or embarrass an ordinary…
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Tennessee courts treat the defendant's own purpose of sexual arousal or gratification as an element. State of Tennessee v. Thomas Whited (2016) described that element in contrasting the statute with child-exploitation offenses, and State of Tennessee v. Ezekiel Abraham Schmaltz (2025) allowed proof of it by circumstantial evidence.
Opinions citing this section in our collection:
- State of Tennessee v. Thomas Whited (Tennessee Supreme Court 2016, 506 S.W.3d 416)✓A father secretly recorded his 12-year-old daughter and her friend undressing. The court reversed his child-exploitation convictions; his unappealed Section 39-13-607 convictions stood, and it read that statute as expressly requiring the defendant's own sexual-arousal purpose.
- State of Tennessee v. Ezekiel Abraham Schmaltz (Court of Criminal Appeals of Tennessee 2025)✓An uncle repeatedly pulled down a sleeping 11-year-old niece's pants and shone a phone flashlight at her exposed underwear; the court held that circumstantial evidence sufficed to prove the sexual-arousal purpose element of Section 39-13-607, but ordered the two counts merged.
- State of Tennessee v. David Allen Donton, Jr. (Court of Criminal Appeals of Tennessee 2022)✓A man peered over a restroom stall at an 8-year-old girl in a Dollar General and pleaded guilty under Section 39-13-607; on appeal the court noted the statute's sexual-arousal purpose is an element that cannot double as enhancement factor (7), yet affirmed his confinement.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Ring Doorbell Laws: What You Need to Know in 2026, Tennessee Surveillance Camera Laws (2026 Guide), Tennessee Smart Glasses Recording Laws 2026
§ 39-14-405Criminal trespass.In forcecited in 2 of our articles
(a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Mikie Ash (Court of Criminal Appeals of Tennessee 1999, 12 S.W.3d 800)“…(d) Criminal trespass is a Class C misdemeanor. Tenn. Code Ann. § 39-14-405. The trial court acknowledged that the…”
- State v. Hollingsworth (Court of Criminal Appeals of Tennessee 1996, 944 S.W.2d 625)“…the owner’s effective consent before entering the property. Tenn.Code Ann. § 39-14-405(a). The term “enter,” as used in the st…”
- State of Tennessee v. Sergei A. Novikov (Court of Criminal Appeals of Tennessee 2016)“…any portion of property, without the consent of the owner.” T.C.A. § 39-14-405(a). “It is a defense to prosecution” of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Laws on Recording in Public: What You Can and Cannot Film
Tennessee Code Annotated, Title 47, Chapter 25, Part 11: Protection of Personal Rights (Ensuring Likeness, Voice, and Image Security Act of 2024)
§ 47-25-1101Short titleIn forcecited in 50 of our articles
This part shall be known and may be cited as the “Ensuring Likeness, Voice, and Image Security Act of 2024.” History Acts 1984, ch. 945, § 1; 2024, ch. 588, § 1.
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2011
In the courts (editorial summary, independently checked):Courts cite 47-25-1101 et seq. as the Personal Rights Protection Act of 1984. Gibbons v. Schwartz-Nobel (1996) applied a one-year limitations period because the Act supplies none, and STATE EX REL. ELVIS PRESLEY INTL. MEMORIAL FOUNDATION v. Crowell (1987) said nothing in the Act limits publicity rights vested before its effective date.
Opinions citing this section in our collection:
- Gracey v. Maddin (Court of Appeals of Tennessee 1989, 769 S.W.2d 497)✓A widow sued her late husband's law firm under the Personal Rights Protection Act to stop its use of his surname; the Court of Appeals affirmed an injunction on partnership and name-assignment grounds, and the majority opinion never applied the Act's own provisions.
- STATE EX REL. ELVIS PRESLEY INTL. MEMORIAL FOUNDATION v. Crowell (Court of Appeals of Tennessee 1987, 733 S.W.2d 89)✓Two nonprofits fought over using Elvis Presley's name in their corporate names; the court rested his descendible right of publicity on Tennessee common law rather than the Personal Rights Protection Act, and said nothing in the Act limits rights vested before its effective date.
- State ex rel. Elvis Presley International Memorial Foundation v. Crowell (Court of Appeals of Tennessee 1987, 733 S.W.2d 89)“…General Assembly undertook to do so in 1984 when it enacted Tenn.Code Ann. § 47-25-1101 et seq. which is known as “The Person…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Workplace Recording Laws: Employee and Employer Rights, Deepfake & AI Voice Cloning Laws by State (2026), Alaska Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
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Sources and References
- Tenn. Code Ann. section 39-13-601 - Wiretapping and Electronic Surveillance(law.justia.com)
- Tenn. Code Ann. section 39-13-605 - Unlawful Photography(law.justia.com)
- Tenn. Code Ann. section 39-13-607 - Observation Without Consent(law.justia.com)
- Tennessee Open Meetings Act - Comptroller of the Treasury(comptroller.tn.gov).gov
- Tennessee Office of Open Records Counsel(comptroller.tn.gov).gov
- Tennessee Public Records Act Resources(comptroller.tn.gov).gov
- Tennessee Rules of Evidence(tncourts.gov).gov
- Tennessee Body-Worn Camera Guidance - Attorney General(tn.gov).gov
- National Labor Relations Act(nlrb.gov).gov
- Tenn. Code Ann. section 39-14-405 - Criminal Trespass(law.justia.com)
- Public Chapter 588 of 2024 (ELVIS Act), T.C.A. section 47-25-1101 et seq., enrolled act text(publications.tnsosfiles.com)