Where can you place surveillance cameras and signs?
Once you've decided to put up a surveillance camera, you should consider placement that is both logical and legal. First and foremost, consult your common sense.
Entrances and exits are ideal for camera placement, since these angles on a building increase the chances of capturing facial images of potential perpetrators. The camera should record the entire width of a door, which is about three feet on average. If you must choose between one location and another, exits are slightly better options for security camera placement—entrances can sometimes have footage distorted by incoming light sources. For maximal deterrence, place the monitors that display your security camera images in the front of a building. If people can see live security footage behind a receptionist’s desk or in a security guard’s booth, they’ll be less likely to attempt a crime for fear of the condemning proof they’ll leave behind them.
Not every at-risk area is ideal, however, since there are privacy protection laws to consider. You can’t place cameras just anywhere; placing cameras in private place like bathrooms, locker rooms, changing rooms, hotel rooms and bedrooms is usually prohibitedon a state-by-state basis, since individuals in these areas have a high expectation of personal privacy. Usually in these private places, video recording is unlawful whether it’s hidden or in plain sight.There are a few states where exceptions are made for recording in private spaces, when signage is posted notifying people that surveillance is in effect, and some other states make exceptions for businesses conducting security monitoring in order to prevent theft or crime. You can review our table below for a brief explanation of each state’s video surveillance laws, but remember that it’s always a good idea to check your municipality as well, as sometimes a town or city can meet or exceed the state’s rules, and the state laws listed below can change or be expanded.
Even when not mandated by law, posting surveillance camera signs is often a good idea; conspicuousnotice of surveillance can magnify a camera’s deterrent effect, making it less likely that individuals will engage in criminal behavior, and since signs clearly mark a public or semi-public area as under surveillance, individuals will be less likely to expect privacy.
Disclaimer: legal information is not legal advice. You should consult your own lawyer before taking any action.
State
Video Surveillance Statutes
Citation
Alabama
Secretly filming individuals while trespassing on private property is considered unlawful "criminal surveillance." Additionally, it's considered "aggravated criminal surveillance" to record any person in "any place where the individual being observed has a reasonable expectation of privacy" without prior express or implied consent and for the purpose of sexual gratification.
AL Code § 13A-11-32; AL Code § 13A-11-32.1
Alaska
Alaska's video surveillance law criminalizes filming nude or partially nude pictures of subjects without their consent, unless "conducted by a law enforcement agency for a law enforcement purpose."
AS § 11.61.123
Arizona
It's unlawful to videotape a person without consent while the person is in a restroom, locker room, bathroom or bedroom or is undressed or involved in sexual activity (any place where someone has a "reasonable expectation of privacy," unless the surveillance is for security purposes and notice is posted.
AZ Rev. Stat. § 13-3019
Arkansas
Arkansas has a "crime of video voyeurism" law which criminalizes the use of any camera or "image recording device" to secretly view or videotape a person in any place where that person "is in a private area out of public view, has a reasonable expectation of privacy, and has not consented to the observation."
AK Code § 5-16-101
California
California considers it a misdemeanor to use a camera or any other recording device to view or capture interiors of bathrooms, dressing rooms, and any other interior location where a person has a reasonable expectation of privacy, without permission, with the intent to invade that person's privacy. Employers and property owners are not exempt from this law unless surveillance is being conducted in "areas of a private business used to count currency or other negotiable instruments."
CA Penal Code § 647
Colorado
Colorado prohibits the filming of "another person's private parts" without that person's consent, in any situation where the person has a reasonable expectation of privacy.
CO Stat. § 18-7-801
Connecticut
Connecticut treats as a felony the act of recording another person without their consent when that person is "not in plain view" and in a place with a reasonable expectation of privacy.
CT Stat. § 53a-189a
Delaware
Delaware considers it a criminal invasion of privacy to trespass with intent of subjecting anyone to surveillance in a private place, or to record another person in any place where they are entitled to privacy without their knowledge.
DE Code 11 § 1335
District of Columbia
D.C.'s voyeurism law prohibits recording anyone in a bathroom or other private place, when nude or engaging in sexual activity, unless the recording is security monitoring in one's own home, or security monitoring in any building "where there are signs prominently displayed informing persons that the entire premises or designated portions of the premises are under surveillance."
DC Stat. § 22-3531
Florida
It's unlawful in Florida to observe or record customers in a merchant's dressing room when the room provides a reasonable expectation of privacy; it is also unlawful to record any person in a private place or in any state of undress with the exception of a security system where "written notice is conspicuously posted on the premises stating that a video surveillance system has been installed" or when the presence of the device is "clearly and immediately obvious."
FL Stat. § 810.145; FL Stat. § 877.26
Georgia
In Georgia, hidden video surveillance of any "activities of another which occur in any private place and out of public view" is unlawful with an exception for the owner of real property recording, for security purposes, the activities of any person on that property and in areas where there is no reasonable expectation of privacy.
GA Stat. § 16-11-62
Hawaii
Hawaii considers it an invasion of privacy to install and record a device in any place where a person can expect privacy, particularly a place where a person would be in a state of undress or sexual activity, except "in the execution of public duty or as authorized by law."
HI Rev. Stat. § 711-1110.9
Idaho
Idaho's crime of video voyeurism prohibits the recording of any private place, where a person would have a reasonable expectation of privacy, for the purpose of "his own or another person's lascivious entertainment or satisfaction of prurient interest, or for the purpose of sexually degrading or abusing any other person."
ID Code § 18-6609
Illinois
Illinois considers it unlawful to make or transmit any video recording of a person in a private space like bathrooms, changing rooms, locker rooms, or hotel rooms, without their consent.
720 ILCS 5/26-4
Indiana
The state's video voyeurism laws prohibit the recording of areas where a person can reasonably expect privacy, like changing stalls or restrooms, or trespasses on private land with the intent to do so
IN Stat. 35-45-4-5
Iowa
Iowa's crime of invasion of privacy prohibits the recording of any private place, where a person would have a reasonable expectation of privacy, without their consent for the purpose of "arousing or gratifying the sexual desire of any person."
IA Stat. § 709.21
Kansas
Kansas considers it a breach of privacy to install or use any type of filming device in a place or under circumstances where a person has a reasonable expectation of privacy, without that person's knowledge.
KS Stat. § 21-6101
State
Video Surveillance Statutes
Citation
Kentucky
Kentucky defines video voyeurism as using filming devices for the purpose of observing or viewing another person's sexual conduct or nudity, or when the other person is in a place where they can reasonably expect privacy, except in the case of law enforcement or when the person is an employee "of the Department of Corrections, the Department of Juvenile Justice, a private prison, a local jail, or a local csorrectional facility whose actions have been authorized for security or investigative purposes."
KY Stat. § 531.090
Louisiana
The state's video voyeurism law bars the use of any type of hidden camera to observe or record a person where that person has not consented if the recording "is for a lewd or lascivious purpose."
LA Rev. Stat. § 14:283
Maine
Maine classifies filming or recording devices as an invasion of privacy when installed or used in a private place without a person's consent; additionally, Maine also considers it an invasion of privacy to use or install any type of "visual surveillance ... in a public space" with the intent to observe or record images of any portion of a person's body "when that portion of the body is in fact concealed from public view under clothing" without their consent (presumably referring to x-ray surveillance).
ME Stat. 17-A § 511
Maryland
Maryland prohibits visual surveillance of any private place, defined narrowly as "dressing room or rest room in a retail store," without that person's consent. Additionally, the state's surveillance and privacy law also prohibits using a camera on private property to secretly record or observe those inside, with the exception of any part of a private residence used for conducting business (such as a family child care business).
Massachusetts permits electronic surveillance customers in changing rooms as long as "signage warning customers of the merchant's surveillance activity is conspicuously posted at all entrances and in the interior," but otherwise forbids electronic surveillance of any person nude or partially nude in a place where that person has a reasonable expectation of privacy.
MA Stat. 272 § 105
Michigan
Michigan prohibits the installation or use of video surveillance in any private place without the consent of the person entitled to privacy in that place; however, the code grants an exception to security monitoring.
MI Stat. 750.539d
Minnesota
Unlawful video surveillance in Minnesota is defined as surreptitiously recording the activities of a person in a hotel room, restroom, tanning booth, or any other place where that person would have a reasonable expectation of privacy and might be in any state of undress. However, the prohibition does not apply to a commercial establishment if the owner has posted "conspicuous signs warning that the premises are under surveillance by the owner or the owner's employees."
MN Stat. § 609.746
Mississippi
Mississippi prohibits secretly recording another person “with lewd, licentious or indecent intent” without that person’s consent while in a restroom, fitting room, tanning booth or area where there would be a reasonable expectation of privacy.
MS Stat. § 97-29-63
Missouri
Missouri considers it invasion of privacy to secretly record a person who is in a state of full or partial nudity, and is in a place where he or she would have a reasonable expectation of privacy; additionally, the state prohibits filming any person "under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent."
MO Stat 565.253
Montana
Montana prohibits "surreptitious visual recordation" of a person in a private residence, and also prohibits any "owner, manager, or employee of a business or a landlord" from secretly recording a person in the private places in public establishments like restrooms and changing rooms.
MT Code 45-5-223
Nebraska
Unlawful video surveillance in Nebraska is defined as video recording another person in a state of undress in a place where that person might have a reasonable expectation of privacy without their consent, "including, but not limited to, any facility, public or private, used as a restroom, tanning booth, locker room, shower room, fitting room, or dressing room."
Neb.Rev.St. § 28-311.08
Nevada
In Nevada, it is unlawful to photograph or record “the private area” of a person in a place where the person has a reasonable expectation of privacy by means of a hidden camera, regardless of whether a person is in a public or private place.
NV Rev. Stat. 200.604
New Hampshire
New Hampshire prohibits the installation or use of visual surveillance in any private place where a person would have a reasonable expectation of privacy; additionally, the state prohibits photographing or recording "images, location, movement, or sounds" originating in areas to which the public has access, or where there is otherwise no reasonable expectation of privacy, but that would not ordinarily be audible, visible or comprehensible in this public area.
N.H. Rev. Stat. § 644:9
New Jersey
New Jersey prohibits the videotaping and recording of another person "whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed," unless sufficient notice was posted and the surveillance is for a lawful purpose. Additionally, the state provides exception to this statute for retail establishments to "photograph, film, videotape, record" the entrance and access points to fitting rooms and dressing rooms as long as notice is conspicuously posted.
NJ Stat. 2C:14-9
New Mexico
In New Mexico, it is considered a crime of video voyeurism to use any mode of visual surveillance to record "the intimate areas of another person" without their knowledge and consent while the person is in the interior of "any area in which the person has a reasonable expectation of privacy" or under circumstances where the person would have a reasonable expectation of privacy, either in a public or private space.
NM Stat. § 30-9-20
New York
New York's privacy law prohibits surreptitious visual surveillance for the purpose of amusement, profit, abuse, sexual gratification or for "no legitimate purpose," in any place where a person has a reasonable expectation of privacy and without that person's knowledge and consent. However, the state makes an exception to for permissible video surveillance with a "security system wherein a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security or video surveillance devices installed in such a manner that their presence is clearly and immediately obvious."
NY PENAL § 250.45; NY PENAL § 250.65
North Carolina
North Carolina video voyeurism laws criminalize the recording and disseminating of "photographic images, still or moving" obtained while secretly peeping into any room considered private by reasonable expectations of privacy to observe any person in that room for the purpose of sexual gratification, with expectations only for law enforcement and correctional facilities.
NC Stat. § 14-202
State
Video Surveillance Statutes
Citation
North Dakota
North Dakota's privacy law prohibits installation or use of any device for observing, photographing, or recording any private space such as a dressing room, hotel room, tanning booth, changing room "with intent to intrude upon or interfere with the privacy of the occupant." Additionally, the state has deemed it disorderly conduct to use visual surveillance to "capture an image from the dwelling or accessory structure of another person," and the law provides seven days from notice of this offense to "direct or shield the camera so as to not capture an image" from another person's property or dwelling.
ND Stat. 12.1-31-01; ND Stat. 12.1-20-12.2
Ohio
Ohio's video voyeurism law prohibits trespassing or "surreptitiously invad[ing] the privacy of another" in order to film or videotape or otherwise record a person in any state of nudity, "for the purpose of sexually arousing or gratifying the person's self."
OH Stat. § 2907.08
Oklahoma
Using video surveillance equipment "in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose" in order to view a person either in a private place where such person would have a reasonable expectation of privacy, or to capture images of the private areas of a person's body whether that person is in a private or public place is unlawful under Oklahoma's peeping tom law.
OK Stat. 21 § 1171
Oregon
Oregon considers it an invasion of privacy to photograph or record a person "in a state of nudity" in a place where there is a reasonable expectation of privacy, without the consent of that person. The only exceptions granted are for law enforcement and "corrections activity necessary to the proper functioning of the criminal justice system."
OR Stat. § 163.702
Pennsylvania
Pennsylvania law considers it an invasion of privacy to videotape or otherwise record a person in a state of full or partial nudity, without that person's knowledge, in a place where that person has a reasonable expectation of privacy and "for the purpose of arousing or gratifying the sexual desire of any person"; similarly, videotaping or otherwise recording any part of a person's private area through their clothing is also prohibited. Exceptions exist for law enforcement and correctional facilities for security purposes.
PA Stat 18 § 7507.1
Rhode Island
Rhode Island's video voyeurism laws prohibit the installation or use of visual surveillance devices to record the "intimate areas of another person without that other person's knowledge and consent," for the purpose of sexual arousal or gratification. Additionally, retail stores which sell clothing to the public are prohibited from using video surveillance in dressing rooms.
RI Stat. § 11-64-2; RI Stat. § 11-41-26
South Carolina
South Carolina's video voyeurism law prevents the surreptitious visual surveillance and the recording of another person, for the purpose of sexual gratification, without consent, when that person "is in a place where he or she would have a reasonable expectation of privacy." However, this statute does not apply to security surveillance for the purpose of decreasing or prosecuting theft, or any other security surveillance measures in "bona fide business establishments."
SC Stat. § 16-17-470
South Dakota
Installing or using any device to observing, photographing, or recording a person in a private place, without their knowledge, is considered a misdemeanor in South Dakota, except for law enforcement officers acting in the course of their lawful duties.
SD Stat. § 22-21-1
Tennessee
Tennessee prohibits as an invasion of privacy for anyone to photograph or record, "for the purpose of sexual arousal or gratification," another person when that person has a reasonable expectation of privacy if the image "would offend or embarrass an ordinary person" who appeared in the photograph. For the purpose of this section, Tennessee considers a photograph to be any "photograph or photographic reproduction, still or moving, or any videotape or live television transmission."
TN Stat. § 39-13-605
Utah
Utah's voyeurism law prohibits the use of any visual surveillance device for the purpose of surreptitiously viewing or recording any part of a person's body about which that person would have a reasonable expectation of privacy, whether or not that portion of the body is covered by clothing, without that person's consent and under circumstances where a reasonable expectation of privacy would be expected. Additionally, Utah prohibits installation in a "private place" any device meant to capture visual information and broadcast the events therein.
UT Stat. § 76-9-702.7; UT Stat. § 76-9-402
Texas
Texas prohibits "improper photography or visual recording," as defined by any person videotaping or recording by other means another person in any location without their consent and for the purpose of sexual gratification; it also prohibits videotaping or recording by other means another person in any bathroom or private dressing room without their consent and for the purpose of either sexual gratification or to invade their privacy. In the latter case, posting signage indicating that a person is being filmed is not enough to establish that person's consent.
TX Penal Code § 21.15
Vermont
Vermont's voyeurism law prohibits the viewing, filming, or recording of the intimate areas of another person without that person's knowledge and consent, while that person is in a place where he or she would have a reasonable expectation of privacy, including his or her own home or residence or when he or she is engaged in a sexual act. Vermont does not grant an exception to any person violating this statute "as part of a security or theft prevention policy or program at a place of business," however, an exception is granted for bona fide security guards or private investigators where the surveillance that was in violation was incidental to their work.
VT Stat. 13 § 2605
Virginia
Virginia criminalizes the video surveillance or recording of any person in any state of undress in a place of privacy such as a restroom, locker room, dressing room, hotel room, without that person's consent. Additionally, Virginia has an Act regarding the collection of private data by the government, for which an opinion was written by the Attorney General stating that a town may conduct and record visual surveillance in a public place (in this case, the town recreation center) so long as signage is posted and the recordings could not be construed as 'secret'. However, the Attorney General's official opinions only constitute guidance in regard to a particular question, and don't have the force of law, nor is it binding in the court.
VA Stat. § 18.2-386.1
Washington
The state of Washington prohibits video voyeurism, which it defines as the surreptitious video surveillance or recording "for the purpose of arousing or gratifying the sexual desire of any person" any other person in a place where that person would have a reasonable expectation of privacy, with exceptions granted to surveillance conducted by the department of corrections for security purposes or during investigation.
WA Stat. 9A.44.115
West Virginia
It is unlawful in West Virginia to "visually portray" (by means of any image-capturing device including video cameras) another person, without their knowledge, while that person is in any state of undress, and in a place where that person would have a reasonable expectation of privacy. Additionally, West Virginia specifically forbids employers to operate any electronic surveillance system (including video) for the purpose of monitoring employees in the places designated "for the health or personal comfort of the employees or for safeguarding of their possessions, such as rest rooms, shower rooms, locker rooms, dressing rooms and employee lounges."
WV Stat. § 61-8-28; WV Stat. § 21-3-20
Wisconsin
Wisconsin prohibits surreptitious video surveillance in any private place, "with the intent to observe any nude or partially nude person without the consent of the person observed" for the purpose of sexual arousal or gratification, including a private place that is part of a public accommodation. Additionally, Wisconsin requires that any person or entity (including the state) that owns a locker room create a written policy specifying which recording devices (including video recording devices) may be used in that locker room and the circumstances under which they may be used, which prohibits any representation of nude or partially nude persons.
WI Stat. 942.08; WI Stat. 175.22
Wyoming
Wyoming criminalizes voyeurism, defined as surreptitiously "capturing an image by means of a camera, a video camera or any other image recording device" another person without their consent in an enclosed area where a person would have a reasonable expectation of privacy, including but not limited to restrooms, baths, showers, or dressing and fitting rooms.
WY Stat. § 6-4-304
Without careful placement, surveillance cameras can prove less effective – they need to be out of reach, with a wide field of vision.
