Arkansas § 5-16-101 - Crime of video voyeurism.

§ 5-16-101. Crime of video voyeurism.

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 structure, or a room or particular location within that structure, if the other person: Is in a private area out of public view; Has a reasonable expectation of privacy; and Has not consented to the observation. It is unlawful for a person to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, operated in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means another person: For the purpose of viewing any portion of the other person's body and for which the other person has a reasonable expectation of privacy; Without the knowledge or consent of the other person; and Under circumstances in which the other person has a reasonable expectation of privacy. A person who violates subsection (a) of this section for a first or second offense upon conviction is guilty of a Class D felony. A person who violates subsection (a) of this section for a third or subsequent offense upon conviction is guilty of a Class C felony. A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: Distributed or transmitted the video recording, film, or photo to another person; Posted the video recording, film, or photo in a format accessible by another person via the internet; or Has previously been convicted of a violation of this section or § 5-16-102. This section does not apply to: Video recording or monitoring conducted under a court order from a court of competent jurisdiction; Security monitoring operated by or at the direction of an occupant of a residence; Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure; Security monitoring operated in a motor vehicle used for public transit; Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment; Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or Videotaping under § 12-18-615(b).