Arizona criminal charge
Surreptitious photographing, videotaping, filming or digitally recording or viewing in Arizona
Surreptitious photographing, videotaping, filming or digitally recording or viewing is a criminal offense under Arizona law, defined by A.R.S. § 13-3019. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-3019.
What is the penalty for surreptitious photographing, videotaping, filming or digitally recording or viewing in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Surreptitious photographing/viewing or disclosure — with device (standard) — A violation of subsection A (surreptitious photographing/viewing) or subsection B (disclosure of such recordings) generally constitutes a class 5 felony.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Surreptitious photographing/viewing or disclosure — with device (standard) — A violation of subsection A (surreptitious photographing/viewing) or subsection B (disclosure of such recordings) generally constitutes a class 5 felony.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Surreptitious photographing/viewing or disclosure — no device involved — A violation of subsection A or B that does not involve the use of a device is a class 6 felony.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Surreptitious photographing/viewing or disclosure — no device involved — A violation of subsection A or B that does not involve the use of a device is a class 6 felony.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Surreptitious photographing/viewing or disclosure — no device, repeat offense — A second or subsequent violation of subsection A or B that does not involve the use of a device is elevated to a class 5 felony.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Surreptitious photographing/viewing or disclosure — no device, repeat offense — A second or subsequent violation of subsection A or B that does not involve the use of a device is elevated to a class 5 felony.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 18 months to 36 months (Unlawful disclosure/distribution of recording — subject recognizable — A violation of subsection B is a class 4 felony if the person depicted in the disclosed material is recognizable.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Unlawful disclosure/distribution of recording — subject recognizable — A violation of subsection B is a class 4 felony if the person depicted in the disclosed material is recognizable.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is surreptitious photographing, videotaping, filming or digitally recording or viewing classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Surreptitious photographing/viewing or disclosure — with device (standard) | Class 5 Felony | A violation of subsection A (surreptitious photographing/viewing) or subsection B (disclosure of such recordings) generally constitutes a class 5 felony. | A.R.S. § 13-3019D |
| Surreptitious photographing/viewing or disclosure — no device involved | Class 6 Felony | A violation of subsection A or B that does not involve the use of a device is a class 6 felony. | A.R.S. § 13-3019E |
| Surreptitious photographing/viewing or disclosure — no device, repeat offense | Class 5 Felony | A second or subsequent violation of subsection A or B that does not involve the use of a device is elevated to a class 5 felony. | A.R.S. § 13-3019E |
| Unlawful disclosure/distribution of recording — subject recognizable | Class 4 Felony | A violation of subsection B is a class 4 felony if the person depicted in the disclosed material is recognizable. | A.R.S. § 13-3019F |
Common questions about surreptitious photographing, videotaping, filming or digitally recording or viewing in Arizona
Is surreptitious photographing, videotaping, filming or digitally recording or viewing a felony or a misdemeanor in Arizona?
It depends on the circumstances: surreptitious photographing, videotaping, filming or digitally recording or viewing ranges from a Class 6 Felony to a Class 4 Felony in Arizona under A.R.S. § 13-3019.
Surreptitious photographing/viewing or disclosure — with device (standard): Class 5 Felony (A.R.S. § 13-3019D) · Surreptitious photographing/viewing or disclosure — no device involved: Class 6 Felony (A.R.S. § 13-3019E) · Surreptitious photographing/viewing or disclosure — no device, repeat offense: Class 5 Felony (A.R.S. § 13-3019E) · Unlawful disclosure/distribution of recording — subject recognizable: Class 4 Felony (A.R.S. § 13-3019F)
What are the penalties for surreptitious photographing, videotaping, filming or digitally recording or viewing in Arizona?
Penalties for surreptitious photographing, videotaping, filming or digitally recording or viewing in Arizona depend on how it is classified — from a Class 6 Felony up to a Class 4 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers surreptitious photographing, videotaping, filming or digitally recording or viewing?
Surreptitious photographing, videotaping, filming or digitally recording or viewing is governed by A.R.S. § 13-3019 (Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.