Cabot, AR asked in Criminal Law, Civil Rights and Landlord - Tenant for Arkansas

Q: Lets say u stay with a significant other what are the laws on video servalince ?

1 Lawyer Answer
Stewart Whaley
Stewart Whaley
Answered
  • Criminal Law Lawyer
  • North Little Rock, AR
  • Licensed in Arkansas

A: First, consult a lawyer on this issue.

Consider Ark. Code Ann. § 5-16-101. Crime of video voyeurism

It is gives many scenarios where video is illegal, yet is has an exception for security monitoring when an occupant is operating or directing it (see section (d)(2)).

What do "security monitoring" and "occupant of a residence" mean?

I expect exterior home cameras are just fine.

Internal cameras (even if only ONE of the occupants knows) MIGHT be fine, if used appropriately.

IF used for SECURITY purposes, like pointing at the front/back doors to capture a burglar on video they might be okay (have someone research this, I am not giving legal advice).

On the other hand, it would be hard to argue that a hidden video camera in the shower or bedroom is for "security monitoring."

Also, is an occupant a homeowner, renter, overnight guest or defined as someone that lives on premises for X days or longer? Needs research.

§ 5-16-101. Crime of video voyeurism

(d) The provisions of this section do not apply to any of the following:

...

(2) Security monitoring operated by or at the direction of an occupant of a residence;

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