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5-16-101. Crime of video voyeurism.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-16-101. Crime of video voyeurism.
(a) 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:
(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 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:
(1) 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;
(2) Without the knowledge or consent of the other person; and
(3) Under circumstances in which the other person has a reasonable expectation of privacy.
(c)(1)(A) A person who violates subsection (a) of this section for a first or second offense upon conviction is guilty of a Class D felony.
(B) A person who violates subsection (a) of this section for a third or subsequent offense upon conviction is guilty of a Class C felony.
(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor.
(B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person:
(i) Distributed or transmitted the video recor
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-16-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-16-101
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8cd99f6efa0c3b111bc258e19cfdbcf0685b729d826c510d6e1e155011bd2ab5
Source location: content.xml paragraph 12053
Stored source content
5-16-101. Crime of video voyeurism.
(a) 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:
(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 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:
(1) 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;
(2) Without the knowledge or consent of the other person; and
(3) Under circumstances in which the other person has a reasonable expectation of privacy.
(c)(1)(A) A person who violates subsection (a) of this section for a first or second offense upon conviction is guilty of a Class D felony.
(B) A person who violates subsection (a) of this section for a third or subsequent offense upon conviction is guilty of a Class C felony.
(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor.
(B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person:
(i) Distributed or transmitted the video recording, film, or photo to another person;
(ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or
(iii) Has previously been convicted of a violation of this section or § 5-16-102.
(d) This section does not apply to:
(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).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-615. Radiology procedures, photographs, electronic media, and medical records.
(a) A person who is required to make a report under this chapter may take or cause to be taken radiology procedures and photographs or compile medical records that may be relevant as to the existence or extent of child maltreatment.
(b) A hospital, clinic, or child safety center, or the Department of Human Services and the Department of Arkansas State Police may make electronic media that may be relevant as to the existence or extent of child maltreatment.
(c) The Department of Human Services and the Department of Arkansas State Police, or law enforcement officials shall be provided at no cost a copy of the results of radiology procedures, electronic media, photographs, or medical records upon request.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-615
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-18-615. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-16-102. Voyeurism.
(a) As used in this section:
(1) “Nude or partially nude” means a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;
(2) “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and
(3) “Public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.
(b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:
(1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or
(2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if:
(A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;
(B) The person looks into a part of the dwelling in which a person is present;
(C) The person present has a reasonable expectation of privacy in that part of the dwelling; and
(D) The person present does not consent to the person's looking into that part of the dwelling.
(c) A person who violates this section upon conviction is guilty of a:
(1) Class D felony if:
(A) A victim is under seventeen (17) years of age and the person who commits
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-16-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-16-102. This identifies an authority to review, not proof of applicability.