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Arizona statute

A.R.S. § 13-3019 — Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions

Current through 57th Legislature, 1st Regular Session (2025)

Part of Chapter 30: Eavesdropping and Communications, Arizona Revised Statutes.

Criminal charges under this statute

Full text of A.R.S. § 13-3019

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 13-3019Primary source, current through the 57th Legislature, 1st Regular Session (2025)
A. It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means secretly view, with or without a device, another person without that person's consent under either of the following circumstances: 1. In a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy and the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact. 2. In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public. B. It is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made in violation of subsection A of this section without the consent or knowledge of the person depicted. C. This section does not apply to: 1. Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy. 2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison. 3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful. 4. The use of a child monitoring device as defined in section 13-3001. D. A violation of subsection A or B of this section is a class 5 felony. E. Notwithstanding subsection D of this section, a violation of subsection A or B of this section that does not involve the use of a device is a class 6 felony, except that a second or subsequent violation of subsection A or B of this section that does not involve the use of a device is a class 5 felony. F. Notwithstanding subsection D of this section, a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable. G. For the purposes of this section, "sexual contact" and "sexual intercourse" have the same meanings prescribed in section 13-1401.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.