Hidden Camera Laws by State 2026 | Legal Guide

Last Updated: September 2026

Federal Law Overview

At the federal level, the United States does not have a single, comprehensive hidden camera law. Instead, several federal statutes and constitutional principles apply:

• Video Voyeurism Prevention Act (18 U.S.C. § 1801) — Makes it a federal crime to capture images of a person’s private areas without consent in circumstances where there is a reasonable expectation of privacy.
• Federal Wiretap Act (18 U.S.C. § 2511) — Primarily governs audio recording. Requires at least one-party consent for audio interception at the federal level.
• TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) — Criminalizes the publication of non-consensual intimate imagery (including AI-generated deepfakes) and requires covered platforms to remove reported content within 48 hours. Relevant if hidden camera footage is ever shared without consent.
• Fourth Amendment — Protects against unreasonable government surveillance; relevant when law enforcement uses hidden cameras.

General Legal Principles

✅ Generally Legal

• Video recording in your own home (living room, kitchen, entryway, nursery)
• Recording your own property exterior
• Using visible security cameras in your business (with signage in some states)
• Nanny cams in common areas of your home

❌ Generally Illegal

• Recording in any area where someone has a reasonable expectation of privacy (bathrooms, bedrooms of guests, locker rooms, changing areas)
• Recording someone undressing without their knowledge or consent
• Recording audio without proper consent (varies by state — see below)
• Installing cameras in someone else’s home or property without authorization
• Using hidden cameras for harassment, stalking, or blackmail

One-Party vs. Two-Party Consent (Audio)

One of the most important distinctions in hidden camera law is about audio recording. If you’re choosing a camera and want to avoid audio consent questions entirely, our hidden camera buying guide notes which models let you disable audio recording.

• One-Party Consent States: You can legally record a conversation you are part of, or if one person in the conversation consents. The majority of U.S. states follow this rule.
• Two-Party (All-Party) Consent States: ALL parties must agree to be recorded. Recording audio without everyone’s knowledge is illegal.

Two-Party Consent States (as of 2026)

The following 13 states generally require all-party consent for audio recording:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• Pennsylvania
• Washington

Note: Oregon is not listed above. Following Project Veritas v. Schmidt (9th Cir. 2023), Oregon’s all-party requirement for in-person public conversations was struck down — see the Oregon row in the table below for details. Vermont is also not listed, as it has no wiretap statute and follows the federal one-party standard.

If you’re in a two-party consent state: Either disable audio recording on your hidden camera, or ensure all parties are informed that audio is being captured.

State-by-State Hidden Camera Laws

Below is a general reference for hidden camera legality by state. Laws change frequently — always verify with a local attorney or your state legislature’s website.

State	Video in Own Home	Audio Consent	Notes
Alabama	✅ Legal	One-Party	Standard federal alignment
Alaska	✅ Legal	One-Party	Standard federal alignment
Arizona	✅ Legal	One-Party	Standard federal alignment
Arkansas	✅ Legal	One-Party	Standard federal alignment
California	✅ Legal	Two-Party	Strict audio laws; Cal. Penal Code § 632
Colorado	✅ Legal	One-Party	Standard federal alignment
Connecticut	✅ Legal	Two-Party	Conn. Gen. Stat. §52-570d requires all-party consent for recording private telephone conversations; in-person conversations you’re part of are generally treated as one-party. The strict rule mainly targets recording others’ calls without their knowledge.
Delaware	✅ Legal	Two-Party	Two statutes create conflicting standards: the wiretap law (11 Del. C. §2402(c)(4)) permits one-party consent, but the separate privacy law (11 Del. C. §1335(a)(4)) requires all-party consent and makes hidden-camera recording in private spaces a felony (§1335(a)(2), (a)(6)). Legal guidance recommends following the stricter all-party standard. See U.S. v. Vespe (D. Del. 1975).
Florida	✅ Legal	Two-Party	Fla. Stat. § 934.03
Georgia	✅ Legal	One-Party	O.C.G.A. §16-11-66 allows one-party consent for oral communications, but a separate statute (§16-11-62) requires consent to photograph or record someone’s private activities even by a participant — relevant for hidden cameras specifically.
Hawaii	✅ Legal	One-Party	Audio is one-party consent under HRS §803-42. However, a separate video privacy law (HRS §711-1110.9 and §711-1111) requires all-party consent to record images/video in private places, and is a felony if the subject is undressed — video and audio rules differ here.
Idaho	✅ Legal	One-Party	Standard federal alignment
Illinois	✅ Legal	Two-Party	720 ILCS 5/14-2; among the strictest
Indiana	✅ Legal	One-Party	Standard federal alignment
Iowa	✅ Legal	One-Party	Standard federal alignment
Kansas	✅ Legal	One-Party	Standard federal alignment
Kentucky	✅ Legal	One-Party	Standard federal alignment
Louisiana	✅ Legal	One-Party	Standard federal alignment
Maine	✅ Legal	One-Party	Standard federal alignment
Maryland	✅ Legal	Two-Party	Md. Code, Cts. & Jud. Proc. § 10-402
Massachusetts	✅ Legal	Two-Party	Very strict; all-party consent required
Michigan	✅ Legal	Two-Party	MCL §750.539c requires consent of all parties to a private conversation; courts have split on whether a participant recording their own conversation still needs the other party’s consent — exercise caution.
Minnesota	✅ Legal	One-Party	Standard federal alignment
Mississippi	✅ Legal	One-Party	Standard federal alignment
Missouri	✅ Legal	One-Party	Standard federal alignment
Montana	✅ Legal	Two-Party	Mont. Code Ann. §45-8-213(1)(c) requires all-party knowledge for recording with a hidden/concealed device; exceptions exist for law enforcement, public meetings, previously-announced recording, and healthcare emergencies (§45-8-213(2)(a)). A separate hidden-camera-specific statute (§45-5-223) also applies.
Nebraska	✅ Legal	One-Party	Standard federal alignment
Nevada	✅ Legal	Two-Party	NRS §200.620 requires all-party consent for wire communications (e.g., phone calls) per the Nevada Supreme Court’s interpretation in Lane v. Allstate Ins. Co.; in-person conversations are generally treated as one-party consent.
New Hampshire	✅ Legal	Two-Party	RSA 570-A:2 requires all-party consent for both oral and electronic communications — one of the stricter statutes.
New Jersey	✅ Legal	One-Party	Standard federal alignment
New Mexico	✅ Legal	One-Party	Standard federal alignment
New York	✅ Legal	One-Party	Standard federal alignment
North Carolina	✅ Legal	One-Party	Standard federal alignment
North Dakota	✅ Legal	One-Party	Standard federal alignment
Ohio	✅ Legal	One-Party	Standard federal alignment
Oklahoma	✅ Legal	One-Party	Standard federal alignment
Oregon	✅ Legal	One-Party*	ORS §165.540 historically required all-party consent, but Project Veritas v. Schmidt (9th Cir. 2023) struck down that requirement as applied to recording in-person conversations in public places. Phone/electronic communications were already one-party. Private in-person conversations may still carry notice obligations — treat as a gray area and err toward disclosure.
Pennsylvania	✅ Legal	Two-Party	18 Pa.C.S. § 5704; very strict
Rhode Island	✅ Legal	One-Party	Standard federal alignment
South Carolina	✅ Legal	One-Party	Standard federal alignment
South Dakota	✅ Legal	One-Party	Standard federal alignment
Tennessee	✅ Legal	One-Party	Standard federal alignment
Texas	✅ Legal	One-Party	Standard federal alignment
Utah	✅ Legal	One-Party	Standard federal alignment
Vermont	✅ Legal	One-Party	Vermont has no wiretap statute for private citizens, so the federal one-party consent standard (18 U.S.C. §2511) applies. State v. Geraw (2002) addressed government recording under the Vermont Constitution, not private consent rules. A separate video voyeurism law applies: 13 V.S.A. §2605.
Virginia	✅ Legal	One-Party	Standard federal alignment
Washington	✅ Legal	Two-Party	RCW §9.73.030 requires all-party consent, but consent can be implied if the recording is announced or the device is visibly in use (e.g., an unconcealed camera with a recording light) — very strict for genuinely hidden devices.
West Virginia	✅ Legal	One-Party	Standard federal alignment
Wisconsin	✅ Legal	One-Party	Standard federal alignment
Wyoming	✅ Legal	One-Party	Standard federal alignment
Washington D.C.	✅ Legal	One-Party	Standard federal alignment

Special Situations

Airbnb & Vacation Rentals

Airbnb’s camera policy changed significantly in April 2024 and is now much stricter than many hosts realize:

• Indoor cameras are banned entirely on Airbnb — even if disclosed, even in common areas, and even if turned off. This applies regardless of state law.
• Exterior cameras (entryways, driveways, patios) and noise decibel monitors are still allowed, but must be disclosed in the listing before booking.
• Hidden cameras are always prohibited on Airbnb, indoors or outdoors, disclosed or not.
• Guests: Should never install cameras in a rental property without the host’s permission, and should check local law before doing so.

For a full room-by-room breakdown and product recommendations that comply with current Airbnb rules, see our Airbnb camera policy guide.

Workplace Monitoring

• Employers can generally use video surveillance in common areas (lobbies, warehouses, break rooms)
• Many states require notice to employees about surveillance
• Recording in restrooms, changing areas, or private offices without consent is generally illegal
• Union workplaces may have additional restrictions

Domestic & Family Use

• Parents can generally use hidden cameras to monitor their own children and caregivers in their own home
• In divorce or custody disputes, secretly recorded footage may have legal complications — consult an attorney
• Recording a spouse without their knowledge may be illegal in some states

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Bottom line: Video recording for security in your own space is broadly legal. Audio recording is where laws get complicated. When in doubt, consult a lawyer in your state, and always respect other people’s reasonable expectation of privacy.

Related Resources

• 2026 Hidden Camera Buying Guide — compare models by resolution, battery life, and audio on/off options
• Best Hidden Cameras for Airbnb Hosts — placement rules under Airbnb’s current policy
• Shop all hidden cameras

Have a question we didn’t cover? Check our frequently asked questions, or browse the full catalog at HiddenCamDirect.com.