The federal video voyeurism law, 18 U.S.C. 1801, makes it a crime to capture an image of a private area of a person without consent, under circumstances where that person has a reasonable expectation of privacy. It carries up to one year in prison, a fine, or both. The catch is jurisdiction: the statute applies in the “special maritime and territorial jurisdiction of the United States,” which means federal land and buildings, not your apartment or a hotel room. Most hidden camera cases are prosecuted under state law, and the states word their statutes differently.
What the federal statute says
The text of 18 U.S.C. 1801(a) reads: “Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.”
The definitions do much of the work. To capture means “to videotape, photograph, film, record by any means, or broadcast.” To broadcast means “to electronically transmit a visual image with the intent that it be viewed by a person or persons.” A private area is “the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual.” A reasonable expectation of privacy includes a place where a reasonable person could disrobe without concern about image capture, or where private areas would not be visible to the public. The statute also exempts lawful law enforcement, correctional and intelligence activity.
Note the intent element. The person has to intend to capture the image and do so knowingly. A security camera pointed at a lobby does not meet that test just because someone walked past it.
Why the federal law is narrow
The House Judiciary report for the bill, House Report 108-504, describes “great gaps in privacy protection” in state laws, and it points to miniaturized cameras placed in locker rooms and dressing rooms. It also says the law would apply on “Federal land such as national parks or Federal buildings.” That is the point of the statute: it fills a gap on federal property and leaves everywhere else to the states. For a reader, the practical lesson is that a news story citing the federal law does not tell you much about a case in a private rental or a gym locker room.
How states handle it
State laws name the places they protect. These three show the pattern.
| State | Places named | Classification |
|---|---|---|
| Texas, Penal Code 21.15 | Bathroom, bedroom and changing room | State jail felony |
| California, Penal Code 647(j) | Bedroom, bathroom, changing room, fitting room, dressing room, tanning booth, or another area where the occupant has a reasonable expectation of privacy | Misdemeanor, with enhanced penalties for repeat offenses and minor victims |
| New York, Penal Law 250.45 | Bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower, or any room assigned to guests or patrons in a motel, hotel or inn | Class E felony (second degree) |
Texas section 21.15 requires that the act happen without the other person’s consent and “with intent to invade the privacy of the other person.” California section 647, in subdivision (j), covers concealed cameras used to view those spaces. New York section 250.45 stands out because it names rooms assigned to guests in a motel, hotel or inn, which is the situation travelers worry about most. These are three states out of fifty, and the classifications and elements differ everywhere else, so look up your own state’s statute.
Rental platforms add their own rule
Separate from the law, rental platforms set conditions on hosts. Airbnb’s help center says hosts are not allowed to have security cameras and recording devices that monitor any part of a home’s interior, such as the hallway, bedroom, bathroom, living room or guest house, and that hidden security cameras are strictly prohibited. A guest who finds one can report it through the Airbnb Help Center, using its option for a safety issue. A platform policy is not a statute, but it gives you a second route besides the police.
If you find a camera in a private space
The sources above describe the law, not a procedure, so this part is general guidance and not a legal instruction. Do not tamper with the device, and do not delete anything on it. Photograph it where it sits, note the date, the room and what it seems to be pointing at, and leave the space if you feel unsafe. Then contact local police, because the state statutes above are enforced by local prosecutors, and report to the platform or hotel if the room was rented. If you think a recording of you has been shared or posted, a criminal defense or privacy attorney in your state can explain the options available to you. Call 911 if anyone is threatening you or you are in immediate danger.
Our step-by-step guide to what to do next after finding a hidden camera goes through the order in more detail. For stays away from home, the hotel and Airbnb camera check covers where to look, and whether a hidden camera is legal at home covers the owner’s side of the question.
Our take
The federal voyeurism statute is real but narrow, since it reaches only federal land and buildings. For a camera in a bathroom, bedroom or hotel room, expect to rely on state law and on the platform’s rules. Preserve what you see, leave the device alone, and call the police.
Common questions about video voyeurism law
Does 18 U.S.C. 1801 apply to a hotel room?
Not by its own terms. The statute applies in the special maritime and territorial jurisdiction of the United States, which the House report describes as including federal land such as national parks and federal buildings. A private hotel is covered by state law instead, and New York’s statute, for one, names guest rooms in a motel, hotel or inn.
What counts as a private area under the federal law?
The statute defines it as the naked or undergarment clad genitals, pubic area, buttocks, or female breast of the person.
Is it still a crime if the camera never recorded anything?
The federal text requires that the person capture an image, and it defines capture to include broadcasting. Whether a camera that did not record is covered under a state law depends on that state’s wording, so ask a prosecutor or attorney in your state.
Can I report a hidden camera in a rental to the platform?
Yes. Airbnb says hidden security cameras are strictly prohibited and directs guests to its Help Center for safety issues. Report to the police as well.
Behind this review
TrueSpyTech does not operate a test lab, and no article here rests on a unit we plugged in ourselves. Research pulls the spec sheets and the relevant law, the pattern in owner reports fills in what a spec sheet will not admit, and an editor signs off before anything goes live. Ratings are locked before affiliate links go in, never after. The full protocol is on our How we review page.
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