*** FROM THE ARKANSAS CODE REVISION COMMISSION
THROUGH ***
*** NOVEMBER 19, 2009 ***
Title 5 Criminal Offenses
Subtitle 2. Offenses Against The Person
Chapter 16 Voyeurism Offenses
Go to the Arkansas Code Archive
Directory
A.C.A. § 5-16-101 (2009)
5-16-101. Crime
of video voyeurism.
(a) It is unlawful to
use any camera, videotape, photo-optical,
photoelectric, or any other image recording device
for the purpose of secretly observing, viewing,
photographing, filming, or videotaping a person
present in a residence, place of business, school,
or other structure, or any room or particular
location within that structure, if that person:
(1) Is
in a private area out of public view;
(2) Has
a reasonable expectation of privacy; and
(3) Has
not consented to the observation.
(b) It is
unlawful to knowingly use a camcorder, motion
picture camera, photographic camera of any type, or
other equipment that is concealed or disguised to
secretly or surreptitiously videotape, film,
photograph, record, or view by electronic means a
person:
(1) For
the purpose of viewing any portion of the person's
body that is covered with clothing and for which the
person has a reasonable expectation of privacy;
(2) Without
the knowledge or consent of the person being
videotaped, filmed, photographed, recorded, or
viewed by electronic means; and
(3) Under
circumstances in which the person being videotaped,
filmed, photographed, recorded, or viewed by
electronic means has a reasonable expectation of
privacy.
(c) (1) A
violation of subsection (a) of this section is a
Class D felony.
(2) (A) A
violation of subsection (b) of this section is a
Class B misdemeanor.
(B) However,
a violation of subsection (b) of this section is a
Class A misdemeanor if:
(i) The
person who created the video recording, film, or
photo obtained as described in subsection (b)
distributed or transmitted it to another person; or
(ii) The
person who created the video recording, film, or
photo obtained as described in subsection (b) posted
it in a format accessible by another person via the
Internet.
(d) The
provisions of this section do not apply to any of
the following:
(1) Video
recording or monitoring conducted under a court
order from a court of competent jurisdiction;
(2) Security
monitoring operated by or at the direction of an
occupant of a residence;
(3) Security
monitoring operated by or at the direction of the
owner or administrator of a place of business,
school, or other structure;
(4) Security
monitoring operated in a motor vehicle used for
public transit;
(5) Security
monitoring and observation associated with a
correctional facility, regardless of the location of
the monitoring equipment;
(6) Video
recording or monitoring conducted by a law
enforcement officer within the official scope of his
or her duty; or
(7) Videotaping
under § 12-18-615(b).