Tennessee
Tennessee Voyeurism and Hidden Camera Laws: Statutes and Penalties
Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 9, 2026. · 5 primary sources cited on this page. How we verify our legal content
Tennessee prohibits unlawful photography and observation without consent under Tenn. Code Ann. sections 39-13-605 and 39-13-607. Both offenses generally require the act serve a sexual purpose, though section 39-13-605's privacy-expectation element turns on the manner of the photography and what it depicts rather than the physical location, and one of its pathways applies even without any privacy expectation. As of July 1, 2025, unlawful photography under section 39-13-605 is a Class E felony as a base offense, rising to a Class D or Class C felony with dissemination or a minor victim.
Tennessee has multiple statutes that specifically target voyeurism, hidden camera surveillance, and the non-consensual distribution of intimate images. These laws go beyond the general wiretapping statute to address invasions of privacy that involve visual recording and observation in settings where victims have a reasonable expectation of privacy.
This guide covers all of Tennessee's voyeurism and hidden camera laws, including the specific statutes, penalties, defenses, and civil remedies available to victims.
Tennessee's Voyeurism and Hidden Camera Statutes
Overview of Relevant Laws
Tennessee addresses voyeurism and hidden camera offenses through several interconnected statutes in Title 39, Chapter 13, Part 6 of the Tennessee Code Annotated:
| Statute | Offense | Classification |
|---|---|---|
| Section 39-13-605 | Unlawful photography | Class E Felony (Class D/C if aggravated) |
| Section 39-13-607 | Observation without consent | Class A Misdemeanor (Class E Felony if victim under 13) |
| Section 39-13-601 | Wiretapping (audio component) | Class D Felony |
Additional statutes address the distribution of intimate images and related offenses.
Unlawful Photography: Tenn. Code Ann. Section 39-13-605
What the Law Prohibits
Tenn. Code Ann. section 39-13-605, substantially rewritten by Public Chapter 474 effective July 1, 2025, makes it illegal to knowingly photograph, record by any means, or film another person without that person's consent under any of three separate pathways:
- The person has a reasonable expectation of privacy (defined by the manner of the photography and what it depicts, not by the physical location) 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 any reasonable expectation of privacy
Only one of these three pathways needs to be satisfied for a conviction. The statute targets specific invasive conduct, not general photography or video recording.
Examples of Prohibited Conduct
This statute covers a range of hidden camera and voyeuristic photography scenarios:
- Hidden bathroom cameras: Installing a camera in a bathroom, shower, or changing room to capture images of people undressing
- Upskirting: Using a camera or phone to photograph or record under someone's clothing without consent
- Hidden bedroom cameras: Placing a camera in a bedroom to record someone undressing or engaging in intimate activity without knowledge
- Fitting room cameras: Installing recording devices in retail fitting rooms or dressing areas
- Locker room surveillance: Placing cameras in gym, pool, or sports facility locker rooms
- Hotel room cameras: Installing hidden cameras in hotel rooms, vacation rentals, or Airbnb properties
Penalties for Unlawful Photography
| Offense Level | Classification | Maximum Penalty |
|---|---|---|
| Sexual-purpose or intimate-area photography (pathway 1 or 3) | Class E Felony | 1 to 6 years imprisonment |
| Same offense with dissemination, victim under 13, or a minor under 13 used by the defendant to facilitate the offense | Class D Felony | 2 to 12 years imprisonment |
| Same offense with dissemination plus a victim under 13 or a defendant in a position of trust | Class C Felony | 3 to 15 years imprisonment |
| Dissemination-focused offense (pathway 2), first violation | Class B Misdemeanor | Up to 6 months, up to $500 fine |
| Dissemination-focused offense (pathway 2), second or subsequent violation | Class A Misdemeanor | Up to 11 months 29 days, up to $2,500 fine |
As of July 1, 2025, the base sexual-purpose and intimate-area pathways are felonies from the outset; only the narrower dissemination-focused pathway carries a misdemeanor classification, and only for a first offense.
The Sexual Purpose Requirement
The statute requires that the recording be made "for the purpose of sexual arousal or gratification." This means:
- Security cameras in a store that incidentally capture someone adjusting clothing do not violate this statute
- A person who accidentally photographs someone through an open window is not liable under this statute
- The prosecution must prove the defendant had a sexual motivation
However, courts can infer sexual purpose from the circumstances. A hidden camera positioned to capture images of people in a state of undress in a private location strongly suggests sexual motivation.
Observation Without Consent: Tenn. Code Ann. Section 39-13-607
What the Law Prohibits
Tenn. Code Ann. section 39-13-607 criminalizes the act of knowingly spying upon another person when:
- The person being observed is in a place where they have a reasonable expectation of privacy, and
- The observation is made for the purpose of sexual arousal or gratification
This statute is broader than section 39-13-605 because it covers observation itself, not just recording or photographing. Peeping through windows, drilling holes in walls, using mirrors or periscopes, and using electronic devices to observe someone all fall under this provision.
How This Differs From Unlawful Photography
The key difference between section 39-13-605 and section 39-13-607 is that:
- Section 39-13-605 requires an act of recording (photographing, filming, or video recording)
- Section 39-13-607 covers the act of watching or observing, whether or not any recording is made
A person who peeps through a window to watch someone undress violates section 39-13-607. If they also take photographs, they additionally violate section 39-13-605. Prosecutors can charge both offenses based on the same incident.
Penalties
Observation without consent is a Class A misdemeanor carrying:
- Up to 11 months and 29 days in jail
- A fine of up to $2,500
- Potential sex offender registration requirements depending on the circumstances
If the victim is under thirteen (13) years of age, the offense is instead a Class E felony, punishable by 1 to 6 years imprisonment.
Non-Consensual Distribution of Intimate Images
Tennessee's Revenge Porn Provisions
Tennessee law addresses the non-consensual sharing of intimate images, commonly known as "revenge porn." The law makes it illegal to distribute 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
- The person depicted is identifiable
- The distribution is done knowingly and without consent
Penalties for Non-Consensual Distribution
The severity of penalties depends on the circumstances:
- Basic offense: Class A misdemeanor (up to 11 months 29 days, up to $2,500 fine)
- Distribution for harassment or intimidation: Enhanced penalties apply
- Commercial distribution: Selling intimate images without consent carries additional liability
- Distribution involving minors: Triggers child pornography statutes with much more severe federal and state penalties
Relationship to Federal Law
Federal law also addresses non-consensual intimate images through various statutes. The Violence Against Women Act (VAWA) and related federal legislation provide additional protections. Victims may pursue remedies under both state and federal law.
Hidden Cameras: Detection and Legal Response
Common Hidden Camera Locations
Hidden cameras have been discovered in Tennessee in various locations:
- Rental properties: Airbnbs, vacation homes, and short-term rentals
- Hotel rooms: Particularly in bathrooms and bedrooms
- Workplaces: In restrooms, changing areas, and private offices
- Retail stores: In fitting rooms and employee break areas
- Public restrooms: In stalls, near sinks, and in ceiling fixtures
- Residences: Placed by roommates, partners, or landlords
What to Do If You Find a Hidden Camera
If you discover a hidden camera in Tennessee:
- Do not touch or move the camera if possible, to preserve evidence
- Document the camera's location using your own phone to photograph or video its position
- Contact local law enforcement to report the discovery
- Notify the property owner or manager (unless they are the suspected perpetrator)
- Preserve any evidence of who may have placed the camera
- Consult an attorney about pursuing criminal charges and civil claims
Detecting Hidden Cameras
Common detection methods include:
- Visual inspection of smoke detectors, clocks, electrical outlets, and decorative items
- Using a flashlight to look for lens reflections
- RF detector devices that identify wireless camera signals
- Checking Wi-Fi networks for unfamiliar connected devices
- Infrared detection using some smartphone cameras
Civil Remedies for Victims
Wiretapping Civil Action
Tennessee repealed the civil cause of action for wiretapping victims, formerly found at Tenn. Code Ann. section 39-13-603, effective May 28, 2024, under 2024 Tenn. Pub. Ch. 1045 (SB 2221). The $100-per-day/$10,000 statutory minimum, actual and punitive damages, and attorney fee recovery that statute once provided no longer exist under Tennessee law.
Criminal liability for illegal interception under Tenn. Code Ann. section 39-13-601 is unchanged. Victims of audio interception may still pursue a federal civil action under 18 U.S.C. section 2520, which provides similar statutory damages in federal court under federal law.
Invasion of Privacy Tort Claims
Tennessee recognizes common law invasion of privacy claims, including:
- Intrusion upon seclusion: Intentional intrusion into a person's private affairs in a manner that would be highly offensive to a reasonable person
- Public disclosure of private facts: Publishing private information that would be offensive and is not of legitimate public concern
- False light: Placing a person before the public in a false or misleading light
Victims of hidden camera surveillance can bring one or more of these tort claims in addition to statutory claims.
Restraining Orders and Injunctions
Victims can seek protective orders to prevent further surveillance. Tennessee courts can issue:
- Temporary restraining orders prohibiting further recording
- Permanent injunctions requiring removal of hidden cameras
- Orders requiring the destruction of illegally obtained recordings
- Orders prohibiting the distribution of intimate images
Tennessee ELVIS Act and AI-Generated Intimate Content
The Ensuring Likeness Voice and Image Security (ELVIS) Act (T.C.A. § 47-25-1101 et seq.), Public Chapter 588 of 2024, effective July 1, 2024, made Tennessee the first state in the nation to extend right-of-publicity protection to a person's voice against unauthorized AI imitation. While primarily aimed at the music industry, the Act's voice and likeness protections apply broadly to any AI-generated content produced without consent. This includes AI-generated intimate depictions that use a real person's voice or likeness.
2025 Preventing Deepfake Images Act
The Preventing Deepfake Images Act, codified at T.C.A. Title 39, Chapter 17 (Public Chapter 466 of 2025, HB 1299), effective July 1, 2025, creates separate criminal and civil liability for nonconsensual disclosure of intimate digital depictions, including AI-generated content:
- Base offense: Class E felony (1 to 6 years imprisonment)
- Aggravated offense (the depiction could reasonably be expected to affect a governmental, legislative, or judicial proceeding, including an election, or to facilitate violence): Class C felony (3 to 15 years imprisonment)
- Civil cause of action: actual damages, statutory damages, attorney fees, and injunctive relief
This Act expressly covers deepfake intimate images, closing the gap that existed when the victim was not actually photographed but was depicted using AI tools.
Federal TAKE IT DOWN Act
The TAKE IT DOWN Act, signed into law May 19, 2025 (Pub. L. 119-12), created a federal requirement for online platforms to remove nonconsensual intimate visual depictions, including AI-generated deepfakes, within 48 hours of a victim's notice. Platforms had until May 19, 2026 to put a removal process in place, so this requirement is now in effect. This federal remedy supplements Tennessee's state-law remedies and applies to any online distribution of intimate images regardless of how they were created.
Sex Offender Registration
When Registration Is Required
Tennessee's sex offender registration requirements may apply to individuals convicted of voyeurism and hidden camera offenses, depending on the specific charges and circumstances. Factors that affect registration requirements include:
- Whether the victim was a minor
- The nature and severity of the offense
- Prior convictions for similar offenses
- Whether the offense involved distribution of images
Registration requirements carry significant long-term consequences, including public listing on the Tennessee Sex Offender Registry maintained by the Tennessee Bureau of Investigation.
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Frequently Asked Questions
Is voyeurism a crime in Tennessee?
Yes. Tennessee criminalizes voyeurism through multiple statutes. Unlawful photography (Tenn. Code Ann. section 39-13-605) and observation without consent (section 39-13-607) both target voyeuristic conduct. As of July 1, 2025, unlawful photography is a Class E, D, or C felony depending on dissemination and the victim's age, with a narrower misdemeanor tier for a dissemination-only pathway.
What are the penalties for hidden cameras in Tennessee?
Installing a hidden camera to record someone for sexual purposes is a Class E felony under section 39-13-605, carrying 1 to 6 years imprisonment as of July 1, 2025. It rises to a Class D or Class C felony if the images are disseminated or the victim is a minor.
Is revenge porn illegal in Tennessee?
Yes. Tennessee law prohibits the non-consensual distribution of intimate images. Penalties vary based on the circumstances, including whether the distribution was done for harassment, commercial gain, or involved a minor. Victims can also pursue civil damages.
What should I do if I find a hidden camera?
Do not touch the camera. Document its location with your own phone, then contact local law enforcement to file a report. Notify the property owner unless they are the suspected perpetrator. Consult an attorney about pursuing criminal charges and civil claims for damages.
Can I sue someone for installing a hidden camera in Tennessee?
Yes, through common law tort claims for invasion of privacy. Tennessee repealed the wiretapping civil action under Tenn. Code Ann. section 39-13-603 effective May 28, 2024 (2024 Tenn. Pub. Ch. 1045), so that statute no longer provides a state-law claim. Victims of illegal audio interception may still pursue a federal civil action under 18 U.S.C. section 2520.
Updates
Corrected the TAKE IT DOWN Act's signing date (May 19, 2025, not 2026, and its platform compliance requirement is already in effect); rebuilt the unlawful-photography penalty table under Tenn. Code Ann. section 39-13-605 to reflect 2025's Public Chapter 474, which added a new Class D felony trigger for using a minor under 13 to facilitate the offense and made Class C a disjunctive victim-under-13-or-position-of-trust trigger rather than requiring dissemination; corrected the Preventing Deepfake Images Act's Class C felony trigger to the actual statutory standard (affecting a government proceeding or election, or facilitating violence, not harassment or commercial gain); added the Class E felony tier under section 39-13-607 for victims under 13; and fixed three mislinked citations to section 39-13-607.
Independently fact-checked against the cited primary sources
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
Corrected this page to reflect that Tennessee repealed the state civil action for wiretapping/hidden-camera interception victims (Tenn. Code Ann. section 39-13-603) effective May 28, 2024; victims may still pursue common law tort claims and a federal civil action under 18 U.S.C. section 2520.
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
§ 39-13-605Unlawful 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
§ 39-13-601Wiretapping 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 Audio Recording Laws: One-Party Consent Rules and Penalties, Tennessee Dashcam Laws: Legality, Mounting Rules, and Evidence Use
§ 39-13-603Civil actions — Injunctive relief — Damages — Defenses — Limitation of actions.Repealedcited in 11 of our articles
(a) Except as provided in § 39-13-601(b)(4), any aggrieved person whose wire, oral or electronic communication is intentionally intercepted, disclosed, or used in violation of § 39-13-601 or title 40, chapter 6, part 3 may in a civil action recover from the person or entity that engaged in that…
Official text (excerpt) · last checked 2026-08-06 · Read the full text in our law library · Verify at publications.tnsosfiles.com
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Robinson v. Fulliton (Court of Appeals of Tennessee 2003, 140 S.W.3d 312)“…il damages provision of the Tennessee wiretapping statutes, Tenn. Code Ann. § 39-13-603. The trial court, sitting without a jur…”
- Montgomery v. Montgomery (Court of Appeals of Tennessee 2005, 181 S.W.3d 720)“…0), whichever is greater” plus attorney fees and costs. See Tenn. Code Ann. § 39-13-603(a)(1). On appeal, Defendant argues that…”
- State of Tennessee v. William Keith Paulson, alias (Court of Criminal Appeals of Tennessee 2009)“…ted.” Violation of subsection (a) is a Class A misdemeanor. T.C.A. § 39-13-603(a)(3). As previously noted, subsection…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Medical Recording Laws: Patient Rights and Provider Rules, Tennessee Phone Call Recording Laws: One-Party Consent Rules, Tennessee Workplace Recording Laws: Employee and Employer Rights
§ 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
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Sources and References
- 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)
- Tenn. Code Ann. section 39-13-601 - Wiretapping and Electronic Surveillance(law.justia.com)
- 2024 Tenn. Pub. Ch. 1045 (SB 2221), § 3 — repealed Tenn. Code Ann. § 39-13-603 (civil action for interception) effective May 28, 2024(publications.tnsosfiles.com).gov
- Tennessee Sex Offender Registry - TBI(tn.gov).gov
- Tennessee Bureau of Investigation(tn.gov).gov
- Violence Against Women Act - DOJ(justice.gov).gov
- Tennessee Rules of Evidence(tncourts.gov).gov