Arkansas
Arkansas Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 1 primary source cited on this page. How we verify our legal content
Arkansas permits surveillance cameras on your own property but prohibits recording any area where a person has a reasonable expectation of privacy under A.C.A. 5-16-101. The state follows one-party consent for audio recording under A.C.A. 5-60-120, and no single statute covers all camera uses.
Overview of Arkansas Surveillance Camera Laws
Arkansas does not have a single comprehensive surveillance camera statute. Instead, several laws work together to regulate where and how cameras can be used throughout the state. The key statutes include A.C.A. 5-16-101 (video voyeurism), A.C.A. 5-16-102 (voyeurism), A.C.A. 5-60-120 (interception and recording of communications), and A.C.A. 5-60-103 (unlawful use of unmanned aircraft systems).
The common thread across all of these laws is the concept of a "reasonable expectation of privacy." Surveillance cameras are generally legal in Arkansas when used in areas where people do not have a reasonable expectation of privacy, such as public streets, front yards, and common areas of businesses. Recording becomes illegal when cameras are placed to capture images or audio in private spaces without consent.
Understanding these laws is essential for homeowners installing security systems, employers setting up workplace monitoring, and anyone who wants to protect their own privacy rights.
Home Security Camera Laws in Arkansas
Arkansas law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and keeping an eye on their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installation.
Where You Can Place Home Security Cameras
You can legally place cameras in the following areas of your property:
- Front door and porch areas for monitoring visitors and package deliveries
- Driveways and garages to record vehicle activity
- Backyards to monitor your own property
- Common living areas inside your home, such as living rooms and kitchens
- Exterior walls aimed at your own property boundaries
Where You Cannot Place Home Security Cameras
Cameras become illegal when they are positioned to record areas where people have a reasonable expectation of privacy:
- Bathrooms and restrooms in your home where guests or residents expect privacy
- Guest bedrooms where visitors are staying
- Pointed directly into a neighbor's windows or interior living spaces
- Any area where someone is undressing or engaged in private activities
Under A.C.A. 5-16-101, it is unlawful to use any camera or image recording device to secretly observe, view, photograph, film, or videotape another person who is in a private area out of public view, has a reasonable expectation of privacy, and has not consented to the observation. Violating this provision for a first or second offense is a Class D felony, rising to a Class C felony for a third or subsequent offense, or for any offense where the victim was under 14 years old regardless of how many prior offenses there were.
Two features of the statute mark the boundary between a lawful home camera and a criminal one, and they explain why an occupant can run cameras throughout a home yet still break the law with one. First, subsection (a) reaches a device used for the purpose of secretly observing another person, so the operator's purpose is an element of the offense and not merely a question of where a lens happens to point. Second, A.C.A. 5-16-101(d)(2) provides that the section does not apply at all to security monitoring operated by or at the direction of an occupant of a residence. Ordinary security monitoring an occupant sets up therefore falls outside the statute entirely. A camera an occupant conceals in a bathroom or in a room where a guest sleeps or changes is very difficult to characterize as security monitoring, and the placement itself is what tends to establish the secret-observation purpose. Treat the locations above as the places where that exemption stops protecting you, not as a list the exemption contradicts.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras like Ring, Nest, and Arlo are legal in Arkansas. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and recording is permitted.
However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under Arkansas law. Position your smart cameras to focus primarily on your own property and public areas.
Audio Recording on Home Security Cameras
Many modern security cameras include microphone capabilities. In Arkansas, audio recording is governed separately from video recording under A.C.A. 5-60-120. Arkansas follows a one-party consent rule, meaning you can record a conversation if you are a participant or if one party to the conversation has given prior consent.
For outdoor security cameras that pick up ambient sounds and conversations of passersby, the law is less clear. The safest approach is to either disable audio recording on exterior cameras or post visible signage indicating that audio and video recording is in progress. This way, anyone who continues a conversation within range of the camera has arguably given implied consent.
Workplace Surveillance Camera Laws in Arkansas
Arkansas does not have a specific statute governing workplace video surveillance. Employers in the state generally follow federal law and common-law privacy principles when installing cameras at work.
What Employers Can Do
Employers may install video surveillance cameras in the following areas:
- Lobbies, hallways, and reception areas for security purposes
- Parking lots to protect employees and company property
- Warehouses and production floors to monitor operations
- Cash register areas to prevent theft
- Loading docks and entry points for security
What Employers Cannot Do
Even without a specific state statute, employers face restrictions based on privacy tort law and federal guidelines:
- Restrooms and changing areas are always off-limits for surveillance
- Break rooms may raise privacy concerns depending on the circumstances
- Union meeting areas are protected under the National Labor Relations Act
- Private offices where employees have a reasonable expectation of privacy may require notice
Audio Surveillance at Work
Employers who use cameras with audio recording capabilities must comply with A.C.A. 5-60-120. Since Arkansas is a one-party consent state, an employer cannot record private conversations between employees unless at least one party to the conversation has consented. The best practice for employers is to provide written notice to all employees that audio and video surveillance is in use and to obtain signed acknowledgments.
Employee Notification
While Arkansas does not require employers to notify employees of video-only surveillance, providing notice is strongly recommended. A clear workplace surveillance policy should outline where cameras are located, whether audio is recorded, how footage is stored, who has access to recordings, and how long recordings are retained. This transparency helps employers avoid invasion of privacy claims.
Hidden Cameras and Video Voyeurism Laws
Arkansas takes hidden camera crimes seriously. The state has two primary statutes addressing voyeurism and video voyeurism.
A.C.A. 5-16-101: Crime of Video Voyeurism
Arkansas Code 5-16-101 makes it unlawful to use a camera, videotape, photo-optical, photoelectric, or any other image recording device to secretly observe, view, photograph, film, or videotape another person who:
- Is present in a residence, place of business, school, or other structure
- Is in a private area out of public view
- Has a reasonable expectation of privacy
- Has not consented to the observation
This statute also specifically addresses the use of unmanned vehicles or aircraft (drones), camcorders, and concealed cameras used to secretly record another person's body when that person has a reasonable expectation of privacy.
Penalties for Video Voyeurism
| Offense | Classification | Maximum Jail/Prison Time | Maximum Fine |
|---|---|---|---|
| First offense (A.C.A. 5-16-101(a)) | Class D Felony | Up to 6 years | $10,000 |
| Second offense (A.C.A. 5-16-101(a)) | Class D Felony | Up to 6 years | $10,000 |
| Third or subsequent offense (A.C.A. 5-16-101(a)) | Class C Felony | 3 to 10 years | $10,000 |
| Victim under 14 years old, any offense (A.C.A. 5-16-101(a)) | Class C Felony | 3 to 10 years | $10,000 |
| Concealed/drone recording (A.C.A. 5-16-101(b)) | Class B Misdemeanor | Up to 90 days | $1,000 |
| Distribution of recording (A.C.A. 5-16-101(b)) | Class A Misdemeanor | Up to 1 year | $2,500 |
A.C.A. 5-16-102: Voyeurism
Arkansas Code 5-16-102 covers voyeurism committed for the purpose of sexual arousal or gratification by looking either personally or through the use of an unmanned vehicle or aircraft. It is not limited to looking with the naked eye, and it reaches two distinct situations:
- Public accommodations. Looking, without the consent of each person present, into a private place that is or is part of a public accommodation and in which a person may reasonably be expected to be nude or partially nude.
- Entering private property to look into a dwelling. Entering another person's private property without consent, in person or by drone, and looking into any person's dwelling unit, where the look is made with the purpose to intrude upon or interfere with privacy, a person is present in that part of the dwelling, that person has a reasonable expectation of privacy there, and that person does not consent.
The second prong is the one that usually applies to a neighbor who steps onto your land or flies a drone over it to look through your windows.
Voyeurism is a Class C felony if the victim is under 14 years old. It becomes a Class D felony if the victim is under 17 years old and the offender holds a position of trust or authority over the victim, or if the offender has prior voyeurism or video voyeurism convictions. Otherwise, voyeurism under this statute is generally a Class A misdemeanor (up to 1 year in jail and $2,500 fine).
Audio Recording Laws (One-Party Consent)
Arkansas is a one-party consent state for audio recording. A.C.A. 5-60-120 governs the interception and recording of communications.
What the Law Says
It is unlawful to intercept a wire, landline, oral, telephonic, or wireless communication, and to record or possess a recording of the communication, unless:
- The person recording is a party to the communication, or
- One of the parties to the communication has given prior consent to the interception and recording
What One-Party Consent Means in Practice
If you are part of a conversation, whether in person, on the phone, or through any electronic means, you can legally record it without telling the other participants. You do not need to inform anyone else that the recording is taking place.
However, you cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. Doing so is illegal wiretapping.
Penalties for Illegal Recording
Violating A.C.A. 5-60-120 is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500. A.C.A. 5-60-120 is a criminal statute only. Its text, from subsection (a) through subsection (g), creates no private right of action and provides no damages or attorney fees, so the statute does not by itself give a recorded person a claim for money against whoever recorded them.
Exceptions to the Recording Law
- Law enforcement acting under color of law may intercept and record communications
- FCC-licensed amateur radio operators and anyone operating a police scanner may intercept communications for personal use
- Judicial authorization may permit wiretapping in certain criminal investigations
Neighbor Disputes Over Security Cameras
Disagreements between neighbors about security cameras are common in Arkansas. The law provides some guidance on resolving these disputes.
When a Neighbor's Camera Is Legal
A neighbor's security camera is generally legal if it:
- Is pointed at the neighbor's own property
- Captures public areas like sidewalks and streets
- Records only video (without audio) of areas in public view
- Does not peer into your windows or private enclosed spaces
When a Neighbor's Camera May Be Illegal
A neighbor's camera may violate Arkansas law if it:
- Is deliberately aimed to look inside your home through windows
- Records your fully fenced backyard from an elevated position, capturing areas hidden from street view
- Records audio of your private conversations without your consent
- Is a hidden camera placed on your property without your knowledge
Steps to Resolve a Camera Dispute
-
Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.
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Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.
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Send a written request. Ask your neighbor in writing to adjust the camera angle or position.
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Contact local authorities. If you believe a neighbor is using a camera to engage in voyeurism or to record your private activities, file a police report. Violations of A.C.A. 5-16-101 are felonies.
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Consult an attorney. You may have grounds for a civil invasion of privacy lawsuit if a neighbor's camera is deliberately aimed to capture your private activities.
Physical Solutions
You can also take steps to block a camera's view of your property:
- Install privacy fencing along your property line
- Plant tall hedges or trees to create natural barriers
- Use window film or curtains to block interior views
- Install your own cameras to document any intrusive behavior
Nanny Cam Laws in Arkansas
Nanny cameras, or hidden cameras used to monitor caregivers in your home, are subject to specific rules in Arkansas.
Legal Requirements for Nanny Cams
Arkansas law does not require you to notify people when they are being recorded by a hidden camera in your own home; A.C.A. 5-16-101(d)(2) exempts security monitoring operated by or at the direction of a residence's occupant. You may use a nanny cam in your home without informing the caregiver, though disclosing it in writing can help avoid disputes.
Where You Can Place a Nanny Cam
- Living rooms and family rooms where childcare takes place
- Kitchens and dining areas
- Playrooms and nurseries (in common areas)
- Hallways and entryways
Where You Cannot Place a Nanny Cam
- Bathrooms used by the caregiver
- Bedrooms designated for the caregiver's private use (for live-in nannies)
- Any room where the caregiver changes clothes or has a reasonable expectation of privacy
Audio on Nanny Cams
If your nanny cam records audio, Arkansas's one-party consent law under A.C.A. 5-60-120 applies. Since you are not present during the conversations being recorded, and neither party to those conversations has consented, recording audio without the caregiver's knowledge could violate the wiretapping statute. The safest approach is to either disable audio recording or inform the caregiver in writing that audio and video recording takes place in the home.
Drone Surveillance Laws in Arkansas
Arkansas has addressed drone surveillance through two separate statutes.
A.C.A. 5-16-101(b): Drone Voyeurism
Using a drone (unmanned vehicle or aircraft) to secretly photograph, film, or record another person for the purpose of viewing any portion of their body when they have a reasonable expectation of privacy is a Class B misdemeanor under A.C.A. 5-16-101(b). If the recording is distributed or transmitted to another person, the offense is elevated to a Class A misdemeanor.
A.C.A. 5-60-103: Unlawful Use of Unmanned Aircraft System
A.C.A. 5-60-103 makes it unlawful to use a drone to conduct surveillance of, gather evidence or information about, or photograph or electronically record critical infrastructure without the prior written consent of the owner. A first offense is a Class B misdemeanor, and a second or subsequent offense is a Class A misdemeanor.
A.C.A. 5-60-103(e) separately makes it unlawful to purposely use a drone to capture an image of an individual or private property with the purpose of conducting surveillance on that individual or property. This second offense, unlawful use of an unmanned aircraft system related to images, is a Class C misdemeanor under subsection (f), punishable by up to 30 days in jail and a fine of up to $500. It is a much easier offense to commit than the infrastructure offense, because it needs no critical infrastructure and no written consent analysis. Destroying the image promptly and without sharing it is a defense to prosecution rather than an element of the offense. The text of this statute does not provide for civil damages, treble damages, or attorney fees.
Exceptions and Defenses Under A.C.A. 5-60-103
The two offenses in this statute carry different carve-outs, and they are not interchangeable. Subsection (c) opens with the words "Subsection (b) of this section does not prohibit," so everything in the following list is an exception to the critical infrastructure offense only:
- Using a drone over your own property, or over property you hold under a valid lease, servitude, right-of-way, right of use, permit, or license
- A third person retained by that owner to carry out the same activities
- An insurance company, or a person acting on its behalf, underwriting an insurance risk or investigating damage to insured property
- A law enforcement officer performing official duties
- The Arkansas Department of Transportation, the State Highway Commission, a city or county department of public works, and their contractors, consultants, employees, and state partners performing authorized work
The image surveillance offense in subsection (e) has its own and much narrower defenses, set out in (e)(2). It is a defense that the person destroyed the image as soon as they knew it was captured in violation of the section and did so without disclosing, displaying, or distributing it; captured the image lawfully as authorized under A.C.A. 27-118-101; or captured the image as a law enforcement officer performing official duties. Owning the land, holding a lease on it, or underwriting an insurance policy is not among them, so those are not answers to a charge under subsection (e).
Penalties Summary for Surveillance Violations in Arkansas
| Violation | Statute | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|---|
| Video voyeurism (1st/2nd offense) | A.C.A. 5-16-101(a) | Class D Felony | Up to 6 years | $10,000 |
| Video voyeurism (3rd+ offense) | A.C.A. 5-16-101(a) | Class C Felony | 3 to 10 years | $10,000 |
| Video voyeurism (victim under 14, any offense) | A.C.A. 5-16-101(a) | Class C Felony | 3 to 10 years | $10,000 |
| Concealed/drone voyeurism | A.C.A. 5-16-101(b) | Class B Misdemeanor | Up to 90 days | $1,000 |
| Distribution of voyeurism recording | A.C.A. 5-16-101(b) | Class A Misdemeanor | Up to 1 year | $2,500 |
| Voyeurism, in person or by drone | A.C.A. 5-16-102 | Class A Misdemeanor | Up to 1 year | $2,500 |
| Voyeurism of victim under 14 | A.C.A. 5-16-102 | Class C Felony | 3 to 10 years | $10,000 |
| Voyeurism of minor by authority figure | A.C.A. 5-16-102 | Class D Felony | Up to 6 years | $10,000 |
| Illegal wiretapping/recording | A.C.A. 5-60-120 | Class A Misdemeanor | Up to 1 year | $2,500 |
| Drone surveillance of critical infrastructure (1st offense) | A.C.A. 5-60-103(b) | Class B Misdemeanor | Up to 90 days | $1,000 |
| Drone surveillance of critical infrastructure (2nd or subsequent) | A.C.A. 5-60-103(b) | Class A Misdemeanor | Up to 1 year | $2,500 |
| Drone image surveillance of an individual or private property | A.C.A. 5-60-103(e) | Class C Misdemeanor | Up to 30 days | $500 |
| Loitering to spy/invade privacy | A.C.A. 5-71-213 | Class C Misdemeanor | Up to 30 days | $500 |
HOA and Local Regulations
In addition to state law, homeowners in Arkansas may be subject to additional surveillance camera rules imposed by their homeowners association (HOA) or local municipality.
HOA Camera Rules
Arkansas does not have a statewide law governing HOA security camera policies. However, your HOA's covenants, conditions, and restrictions (CC&Rs) may include rules about camera placement, visibility, and positioning. Common HOA restrictions include requirements that cameras be aesthetically discreet, prohibitions on cameras aimed at common areas managed by the HOA, and rules about notification to the association before installation.
Before installing cameras in an HOA community, review your governing documents or contact your HOA board for guidance.
Local Ordinances
Some Arkansas cities and counties may have additional regulations regarding security cameras, particularly for commercial properties. Check with your local city hall or county clerk's office for any applicable ordinances.
Related Arkansas Camera and Privacy Laws
- Arkansas Recording Laws covers the consent rule that governs camera audio in Arkansas.
- Arkansas Security Camera Recording Rules explains the recording-law side of camera use.
- Arkansas Biometric Privacy Laws addresses facial recognition and biometric data.
- Arkansas Ring Doorbell Laws covers video doorbell rules in Arkansas.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
- HOA Security Camera Rules
- Neighbor Security Camera Laws
- Nanny Cam Laws
- Workplace Surveillance Camera Laws
- Landlord Security Camera Laws
More Arkansas Laws
Frequently Asked Questions
Are home security cameras legal in Arkansas?
Yes. Arkansas homeowners can legally install security cameras on their own property. Cameras may record outdoor areas such as driveways, porches, and yards, as well as common indoor areas like living rooms and kitchens. However, cameras cannot be placed in areas where others have a reasonable expectation of privacy, such as bathrooms, guest bedrooms, or aimed directly into a neighbor's home. Under A.C.A. 5-16-101, secretly recording someone in a private area is a Class D felony, rising to a Class C felony if the victim is under 14.
Can my neighbor legally point a security camera at my house in Arkansas?
It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas like sidewalks or streets, even if your home appears in the background. However, if the camera is deliberately aimed to look inside your windows or into a fully fenced backyard where you have a reasonable expectation of privacy, it could violate Arkansas voyeurism laws under A.C.A. 5-16-101. You can ask the neighbor to adjust the camera angle, file a police report if you believe the recording is illegal, or consult an attorney about a civil invasion of privacy claim.
Is it legal to use a nanny cam in Arkansas?
Yes, you can use a nanny cam in common areas of your home such as living rooms, kitchens, and playrooms. However, cameras cannot be placed in bathrooms or private bedrooms used by the caregiver. Arkansas law does not require you to notify people when hidden cameras are in use in your own home; A.C.A. 5-16-101(d)(2) exempts security monitoring operated by or at the direction of a residence's occupant. If the nanny cam records audio, you must comply with the one-party consent rule under A.C.A. 5-60-120. Since you are not present during the recorded conversations, the safest approach is to inform the caregiver about audio recording, even though it is not legally required.
Can my employer record me at work with security cameras in Arkansas?
Arkansas does not have a specific law addressing workplace video surveillance. Employers may generally install video cameras in common work areas such as lobbies, hallways, production floors, and parking lots. Cameras are prohibited in restrooms, changing areas, and other spaces where employees have a reasonable expectation of privacy. If cameras record audio, employers must comply with A.C.A. 5-60-120, which requires at least one party to a conversation to consent to the recording.
What are the penalties for illegal surveillance in Arkansas?
Penalties depend on the specific violation. Video voyeurism under A.C.A. 5-16-101(a) is a Class D felony for a first or second offense, carrying up to 6 years in prison and a $10,000 fine. A third or subsequent offense is a Class C felony with 3 to 10 years in prison, and any offense is also a Class C felony, regardless of offense count, if the victim was under 14 years old. Illegal wiretapping or recording under A.C.A. 5-60-120 is a Class A misdemeanor punishable by up to 1 year in jail and a $2,500 fine. A.C.A. 5-60-103 creates two separate drone offenses. Unlawful use related to critical infrastructure is a Class B misdemeanor with up to 90 days in jail, or a Class A misdemeanor for a second or subsequent offense. Unlawful use related to images, meaning purposely using a drone to capture an image of an individual or private property in order to conduct surveillance, is a Class C misdemeanor with up to 30 days in jail and a $500 fine.
Updates
Corrected the Arkansas drone, voyeurism and wiretap sections: removed a civil damages remedy that A.C.A. 5-60-120 does not create, added the separate Class C misdemeanor drone image surveillance offense under A.C.A. 5-60-103(e), limited the drone exceptions to the critical infrastructure offense they actually apply to, corrected A.C.A. 5-16-102 to cover looking by drone as well as in person, and explained how the residential security monitoring exemption fits with the ban on hidden cameras in private rooms.
Added a penalty tier that Arkansas's video-voyeurism statute has but the page omitted: any offense against a victim under 14 is a Class C felony regardless of whether it is a first offense, not just third-or-later offenses.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Added the omitted Class C felony tier for video-voyeurism victims under 14, removed fabricated civil-penalty dollar figures for the drone-infrastructure statute (A.C.A. 5-60-103, which is criminal-only in the linked text), and corrected the false claim that Arkansas legally requires notifying people of hidden home cameras (the statute exempts occupant-directed home security monitoring).
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.
Arkansas Code of 1987 Annotated
§ 5-16-101Crime of video voyeurism.In forcecited in 9 of our articles
(a) It is unlawful for a person to use a camera, videotape, photo- optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structu
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at arkleg.state.ar.us
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2023
In the courts (editorial summary, independently checked):Courts have applied the video voyeurism statute in Devries (2019), where children had a reasonable expectation of privacy behind closed bedroom and bathroom doors in a parent's home, and in Powell (2020), holding the crime is complete on using a camera for the prohibited purpose even if the images are never viewed.
Opinions citing this section in our collection:
- Opinion No. (Arkansas Attorney General Reports 2001)“…tice of the surveillance would also negate any violation of A.C.A. § 5-16-101 , which criminalizes "video voyeurism."…”
- Bruce Wayne Devries v. State of Arkansas (Court of Appeals of Arkansas 2019, 2019 Ark. App. 478)✓One adopted daughter testified she caught Devries watching her through the bathroom window and found a baby monitor in her bathroom and bedroom; another caught him filming under her door. The court affirmed the video voyeurism convictions, rejecting his no-privacy-at-home claim.
- Robert Powell v. State of Arkansas (Court of Appeals of Arkansas 2020, 605 S.W.3d 532)✓Powell hid a camera in a fake outlet in a cabin he rented to a family and argued he could not be guilty because police took the SD card before he viewed the footage; the court held the statute punishes using a camera for that secret purpose, so never watching is no defense.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Landlord-Tenant Recording Laws: Cameras, Audio, and Privacy Rights (2026), Arkansas Workplace Recording Laws: Employee and Employer Rights (2026), Arkansas Video Recording Laws: Public Filming, Private Property, and Consent (2026)
§ 5-16-102Voyeurism.In forcecited in 2 of our articles
(a) As used in this section: (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female; (2) "Private place" means a place where a person may reasonably expect to be safe from being obse
Official text (excerpt) · last checked 2026-08-06 · Read the full text in our law library · Verify at arkleg.state.ar.us
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Watkins (Court of Appeals for the Tenth Circuit 2026)“…v. Stat. Ann. § 13- 1424;2 Ariz. Rev. Stat. Ann. § 13-3019; Ark. Code Ann. § 5-16-102;1 (in part),2 Ark. Code Ann. § 5-71-213…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Ring Doorbell Laws: What You Need to Know in 2026
§ 5-60-103Unlawful use of an unmanned aircraft system related to infrastructure — Unlawful use of an unmanned aircraft system related to images.In forcecited in 3 of our articles
(a) As used in this section: (1) “Critical infrastructure” means: (A) An electrical power generation or delivery system; (B) A petroleum refinery; (C) A chemical or rubber manufacturing facility; (D) A petroleum or chemical storage facility; (E) A railroad operating facility; (F) A co
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at arkleg.state.ar.us
Also relied on in: Arkansas Drone Laws (2026): Privacy, Hunting & Shoot-Down Rules
§ 5-60-120Interception and recording.In forcecited in 17 of our articles
(a) It is unlawful for a person to intercept a wire, landline, oral, telephonic communication, or wireless communication, and to record or possess a recording of the communication unless the person is a party to the communication or one (1) of the parties to the communication has given prior…
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at arkleg.state.ar.us
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2022
In the courts (editorial summary, independently checked):Lewis v. State (1999) applied Section 5-60-120(a) to a man who taped his ex-wife's calls without being a party or having consent, affirming revocation. Elliott v. State (1998) held that while such recording by a private citizen is unlawful, the statute does not bar the tape from evidence.
Opinions citing this section in our collection:
- Lewis v. State (Supreme Court of Arkansas 1999, 336 Ark. 469)✓A man on probation admitted attaching a recorder to the telephone box outside his ex-wife's house and taping her calls; the court found that violated Section 5-60-120(a) because he was not a party and no party consented, and affirmed the revocation.
- Opinion No. (Arkansas Attorney General Reports 1998)“…consented to the recording. This provision is set forth in A.C.A. § 5-60-120 , as follows: 5-60-120 . Interceptio…”
- King v. State (Supreme Court of Arkansas 2019, 571 S.W.3d 476)✓A friend's phone app secretly recorded a murder suspect's call with a detective; the court held that although Section 5-60-120 makes such a recording by a non-party unlawful, it does not bar admissibility, and affirmed the refusal to exclude the tape.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Recording Laws (2026): One-Party Consent Rules, Arkansas Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Arkansas Dashcam Laws: Mounting, Audio, and Legal Uses (2026)
§ 5-71-213Loitering.In force
(a) A person commits the offense of loitering if he or she: (1) Lingers, remains, or prowls in a public place or the premises of another person without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a
Official text (excerpt) · last checked 2026-08-06 · Read the full text in our law library · Verify at arkleg.state.ar.us
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Brazwell v. State (Supreme Court of Arkansas 2003, 354 Ark. 281)“…r the purposes of distributing a controlled substance, see Ark. Code Ann. § 5-71-213 (a)(6) (Repl. 1997). Brazwell filed a m…”
- Johnson v. State (Supreme Court of Arkansas 1993, 313 Ark. 308)“…he officers and said that he was walking through the area. Ark. Code Ann. § 5-71-213 (a)(l), provides that a person commits…”
- Jegley v. Picado (Supreme Court of Arkansas 2002, 349 Ark. 600)“…(Repl.2001)(the "Arkansas Consumer Telephone Privacy Act"); Ark.Code Ann. § 5-71-213(a)(8) (Repl.1997)(loitering illegal if…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5-4-201Fines — Limitations on amount.In forcecited in 3 of our articles
(a) A defendant convicted of a felony may be sentenced to pay a fine: (1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony; (2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony;…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Jim Ray, Inc. v. Williams (Court of Appeals of Arkansas 2007, 99 Ark. App. 315)“…Trade Practices Act. Ark.Code Ann. § 4-88-103 (Repl. 2001); Ark.Code Ann. § 5-4-201(b)(1) (Repl.2006). The Act also provide…”
- Wooten v. State (Court of Appeals of Arkansas 2005, 93 Ark. App. 178)“…a $1000 fine and a jail term not to exceed one year. See Ark. Code Ann. §§ 5-4-201 (b)(1) and 5-4-401(b)(1) (Repl. 1997).…”
- Morris v. State (Supreme Court of Arkansas 2017, 518 S.W.3d 70)“…fine for a Class C misdemeanor is not to exceed $500. See Ark. Code Ann. § 5-4-201(b)(3) (Repl. 2013). The Arkans…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026)
§ 5-4-401Sentence.In forcecited in 6 of our articles
(a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations: (1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life; (2) For a Class A felony, the sentence shall be not less…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 248 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Radford v. State (Court of Appeals of Arkansas 2018, 538 S.W.3d 894)“…r a Class B felony is five to twenty years' imprisonment. Ark. Code Ann. § 5-4-401 (a)(3). The final sentencing order tha…”
- Romario Waller v. State of Arkansas (Supreme Court of Arkansas 2020, 2020 Ark. 381)“…onment for first-degree murder is not illegal on its face. Ark. Code Ann. § 5-4-401(a)(1) (Repl. 1993). Moreover, this cour…”
- James Sherwood Edwards v. State of Arkansas (Court of Appeals of Arkansas 2024, 2024 Ark. App. 431)“…nge for Class D felony at not more than fifteen years) with Ark. Code Ann. § 5-4-401(a)(2) (Repl. 2013) (setting sentencing…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Security Camera Laws: Home, Business, and HOA Rules (2026), Arkansas AI Meeting Recording Laws (2026)
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Sources and References
- Arkansas Code 5-16-101: Crime of Video Voyeurism(law.justia.com)
- Arkansas Code 5-16-102: Voyeurism(law.justia.com)
- Arkansas Code 5-60-120: Interception and Recording(law.justia.com)
- Arkansas Code 5-60-103: Unlawful Use of Unmanned Aircraft System(law.justia.com)
- Arkansas Code 5-71-213: Loitering(law.justia.com)
- Arkansas Code 5-4-401: Sentence Classifications(law.justia.com)
- Arkansas Code 5-4-201: Fines - Limitations on Amount(law.justia.com)
- Arkansas Sentencing Commission: Video Voyeurism Analysis(arkleg.state.ar.us).gov
- Reporters Committee for Freedom of the Press: Arkansas Recording Guide(rcfp.org)
- Arkansas Act 461 of 2019 (HB1438): Voyeurism and Video Voyeurism, A.C.A. 5-16-101 and 5-16-102(arkleg.state.ar.us)
- Arkansas Act 1773 of 2001 (HB2594): Interception and Recording, A.C.A. 5-60-120(arkleg.state.ar.us)
- Arkansas Act 597 of 2025 (HB1148): Unlawful Use of an Unmanned Aircraft System Related to Images, A.C.A. 5-60-103(arkleg.state.ar.us)