Laws On Surveillance Cameras At Home

Government does not like to make things easy for us.

You’d think we have the right to do what we want on our own property.

If you want to install surveillance cameras, you should be free to do so, right?

But that’s not how it is. At least not for everyone.

It depends on where you live. And also on the specific uses you have in mind.

You may need a permit to install the cameras, or you may not be able to install them at all. At least not legally.

So before you do anything, make sure you know the laws regarding surveillance cameras in your area.

Keep reading for a brief overview of surveillance camera laws in the US.

But we are not lawyers and strongly recommend you consult one, if there is any chance you could put yourself on the wrong side of the law.

Table of Contents

1 Laws On Surveillance Cameras At Home: State By State Comparison
2 Home Video Surveillance Laws: Related Questions
- 2.1 Are nanny cams legal?
- 2.2 Do video surveillance cameras hold up in court?
3 Home Video Surveillance Laws: Conclusion

Laws On Surveillance Cameras At Home: State By State Comparison

When it comes to recording people on video, most jurisdictions that criminalize non-consensual videotaping only do so if the person is in an area where they have a reasonable expectation of privacy.

That generally means places like a bedroom or bathroom, for example.

If you have surveillance cameras in your home, you are probably fine. We generally aim those at areas where there’s lots of daily traffic. It is not common to surveil areas that are considered private.

But in some jurisdictions, you could put up surveillance cameras even in locations where one would expect privacy.

There are seven U.S. states that exempt video security surveillance from their videotaping prohibitions. They are: Alaska, Arizona, District of Columbia, Florida, Georgia, Michigan, and New York.

However, five of them (Alaska, Arizona, District of Columbia, Florida, and New York) only make this exception if a notice of the system is posted.

That means if you live in any of those states you will have to alert people to the surveillance cameras being posted on your property. You can generally do this with a sign.

Let’s take a look at each state and see how the various U.S. state laws differ when it comes to video surveillance.

Alabama

The use of cameras in areas of your property where the public has access is not criminalized.

Arkansas

You’re not allowed to videotape a person in any place where they’re in a private area and have a reasonable expectation of privacy. The person must also consent to the recording.

California

You’re not allowed to secretly record a person in any area where they have a reasonable expectation of privacy.

Los Angeles

You can’t use any type of camera to view or record a person if they have not consented to the recording in a place where they are meant to have privacy. In addition, video surveillance is only allowed in short-term rental structures in common areas and only if notice of it being there is posted on the premises.

Colorado

You’re not allowed to take photographs, live feeds, video, or motion pictures of anyone’s intimate parts without that person’s consent, in a situation where the person has a reasonable expectation of privacy.

Connecticut

You’re not allowed to photograph or record another person’s image without consent in situations in which the person doesn’t know they’re being recorded, is not in plain view, and has a reasonable expectation of privacy.

Delaware

It’s prohibited to install a camera or other recording device in a private place, and without the person’s consent.

District Of Columbia

You’re allowed to have monitoring devices in your house for security. However, you need to have signs up that warn others that they are being recorded.

Florida

You need to ensure you have a notice posted on the premises where you are installing the video surveillance system.

Georgia

While you can’t use a camera in a private place without the consent of all parties involved, you can use a security camera to record people’s activities where there’s no reasonable expectation of privacy.

Hawaii

You can’t install or use a camera in a private place without getting the consent of the people you want to record.

Idaho

When it comes to video surveillance, Idaho is focused on prohibiting the use of cameras for sexual gratification and in areas where people expect privacy.

Illinois

Similarly to Idaho, people can’t record others without their consent in private places, such as in changing rooms, tanning beds, and restrooms.

Indiana

You’re prohibited from putting surveillance equipment on another person’s private property without having the tenant’s or owner’s consent.

Iowa

You’re not allowed to secretly view, photograph, or record a person who is fully or partially clothed without their consent, as long as that person has a reasonable expectation of privacy.

Kansas

You’re not allowed to photograph or record a person who is nude or in a state of undress without their consent in a place where they have a reasonable expectation of privacy.

Kentucky

You can’t use a hidden camera to view, photograph, or record a person in the nude without their consent, in a place where the person has a reasonable expectation of privacy.

Maine

You can’t use a camera in a private place without the person’s consent.

Maryland

You can’t use a camera on private property to see or record people inside it, without the people’s consent. You are allowed to put a camera on private property if you don’t have the intention to conduct surreptitious observation of people inside the private residence.

Massachusetts

You can’t record, photograph, or use any electronic device to watch another person in the nude without their consent in areas where they have a reasonable expectation of privacy.

However, courts in Massachusetts have interpreted the statute to allow open camera or cell phone recording with audio when the recording device is in plain sight.

Michigan

You can use security cameras in your mobile home, apartment, house, or other domicile, as long as they’re not meant for lewd purposes. You can’t use recording devices in any private place without the consent of people involved.

Minnesota

You can’t trespass on private property to use any device to observe people, in any place where they have a reasonable expectation of privacy. Owners of commercial properties can use surveillance devices but they need to post warnings about their presence.

Mississippi

You’re not allowed to photograph, record, or produce images of another person with lewd or indecent intent without that person’s consent in an area where they would have a reasonable expectation of privacy.

Missouri

You’re not allowed to take pictures of, or record, a fully or partially nude person in any area where they have a reasonable expectation of privacy and if they have not given their consent.

Montana

You’re not allowed to secretly record or photography any occupant of an apartment, home, or other residence without their knowledge.

Nebraska

You’re not allowed to photograph or record anyone’s nude images without their knowledge and consent in any place where the person has a reasonable expectation of privacy.

Nevada

You’re not allowed to photograph or record any person’s private anatomical areas if they haven’t consented to the act, and if they’re in a place where they have a reasonable expectation of privacy.

New Hampshire

You’re prohibited from using a device in a private place to transmit images or sound without consent of the person. You also can’t use such a device outside a private place to transmit content if it would not be audible or comprehensible. An example would be private conversations.

New Jersey

You’re not allowed to photograph or record intimate body parts of anyone in a place where they have a reasonable expectation of privacy and if they’ve not given consent.

New Mexico

You’re not allowed to photograph or record anyone in an intimate way in a place where they have a reasonable expectation of privacy and if they’ve not consented to it.

New York

You can install security cameras as long as you provide notice of their presence or the cameras are situated in plain sight.

North Carolina

You’re not allowed to photograph or record people with lewd intentions if they’ve not consented to it and they’re in a place where they have a reasonable expectation of privacy.

North Dakota

You can’t enter another person’s property to photograph or record them with the intention of intruding on their privacy.

Ohio

You can’t secretly record someone for the purpose of seeing their bodies or undergarments.

Oklahoma

You can’t secretly record anyone for any lewd or illegal purposes if they haven’t consented to it and they’re in a place where they have a reasonable expectation of privacy.

Oregon

You can’t photograph or record someone in an intimate way if they haven’t consented and if they have a reasonable expectation of privacy.

Pennsylvania

You can’t photograph or record a fully or partially nude person in any area where they have a reasonable expectation of privacy and have not given you consent.

Rhode Island

You can’t photograph or record anyone in an intimate way if they have not given you consent and if they’re in a place where they have a reasonable expectation of privacy.

South Carolina

You can’t use video equipment to spy on another person. The use of surveillance cameras to reduce theft is an exception.

South Dakota

You’re not allowed to use a recording device in any private place without the person’s consent.

Tennessee

You can’t photograph or record people if they haven’t consented to it and they’re in a place where they have a reasonable expectation of privacy. It’s also not allowed if the image or footage would embarrass or offend anyone.

Texas

You can’t photograph or record anyone intimately without their consent and where they have a reasonable expectation of privacy.

Utah

You can’t use cameras in a private place without consent. You also can’t use recording devices outside of a private place for sounds or views that are not clearly audible outside.

Vermont

You can’t secretly record people in places where they have reasonable expectations of privacy and they haven’t consented to being recorded.

Virginia

You can’t photograph or record a fully or partially nude, nonconsenting person, in an area where they have a reasonable expectation of privacy.

Washington

You can’t photograph or record anyone in a lewd way or for your sexual gratification if they have not consented to it and they’re in a place where they have a reasonable expectation of privacy.

West Virginia

You can’t secretly photograph or record a fully or partially nude person in any place where they have a reasonable expectation of privacy.

Wisconsin

You can’t install or use surveillance cameras in private locations to view a nude or partially nude person without their consent.

Wyoming

You can’t secretly photograph or record a person who doesn’t consent to being photographed or recorded in an enclosed space where they have a reasonable expectation of privacy.

Home Video Surveillance Laws: Related Questions

Are nanny cams legal?

They’re legal in all U.S. states but 13 states prohibit the use of cameras in private places.

Do video surveillance cameras hold up in court?

They can be used in court as evidence, but the person using it has to prove that the footage is both appropriate and relevant.

Home Video Surveillance Laws: Conclusion

If you want to install surveillance cameras, it’s essential to know what the laws are in your state so you don’t break them.

In this article, we’ve provided you with the laws on surveillance cameras at home, as pertains to security cameras and other recording devices. Head here for state laws governing hidden cameras.

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Damon Kennedy

Damon Kennedy is the expert on all things home security systems. He's been working in the field for 20 years, recommending and installing them for his clients, for both homes and businesses. He's excited to share his knowledge with you so that you can make the best choice!