Ariz. Rev. Stat. § 13-3019

Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions

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A. It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means secretly view, with or without a device, another person without that person's consent under either of the following circumstances:

1. In a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy and the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.

2. In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.

B. It is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made in violation of subsection A of this section without the consent or knowledge of the person depicted.

C. This section does not apply to:

1. Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy.

2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison.

3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.

4. The use of a child monitoring device as defined in section 13-3001.

D. A violation of subsection A or B of this section is a class 5 felony.

E. Notwithstanding subsection D of this section, a violation of subsection A or B of this section that does not involve the use of a device is a class 6 felony, except that a second or subsequent violation of subsection A or B of this section that does not involve the use of a device is a class 5 felony.

F. Notwithstanding subsection D of this section, a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable.

G. For the purposes of this section, "sexual contact" and "sexual intercourse" have the same meanings prescribed in section 13-1401.

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 2004–2026 · leading case: State of Arizona v. Agustin Gonzalez Gongora

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State of Arizona v. Agustin Gonzalez Gongora (2014) arizctapp · cites it 5× “A.R.S. § 13-3019; see also S.B. 1039, Senate Engrossed Version, 47th Legis.”

Tucson Unified School District v. Borek (2014) arizctapp · cites it 2× “…a felony; he pled guilty to "attempted secretly viewing or recording another person without their consent.” See A.R.S. § 13-3019(A), (D).”

In Re Cases Filed by DIRECTV, Inc. (2004) azd “§ 13-3001— § 13-3019] may bring a civil action to recover from the person or entity that engaged in the violation.”

State of Arizona v. Whytte Dragun Duncan (2024) arizctapp · cites it 2× “This information was sufficient to establish a fair probability that Duncan had committed, at minimum, surreptitious photographing, videotaping, filming, or digital recording or viewing under A.R.S. § 13-3019 and that evidence of that crime or others would be found—as it was—on…”

White v. Four Peaks Brewing Company (2025) azd · cites it 2× “First, Defendant contends Plaintiff’s intrusion upon seclusion claim fails 12 as a matter of law because it is preempted by A.R.S. § 13-3019. (Id. at 5). Second, 13 Defendant contends Plaintiff’s claim fails because he had no objectively reasonable 14 expectation of privacy at…”

State v. Eisenbeiss (2025) arizctapp · cites it 2× “§ 13-1204(A)(2); one count of surreptitious photographing, a class 5 felony in violation of A.R.S. § 13-3019(A)(1); one count of criminal trespass in the first degree, a class 6 felony in violation of A.”

Tucson Unified School District v. Gallagher Corum (2014) arizctapp · cites it 2× “” See A.R.S. § 13-3019(A), (D). 3 TUCSON UNIFIED SCHOOL DIST.”

United States v. Thoms (2014) uscgcoca · cites it 2× “2013) (“[T]he fact that three states criminalized the conduct does not satisfy the constitutional 3 Ariz. Rev. Stat. Ann. § 13-3019 (2006); Conn.”

United States v. Watkins (2026) ca10 “These are denoted with the addition of (in part) to the relevant superscript.”

— Ariz. Rev. Stat. § 13-3019(A) — 3 cases

Tucson Unified School District v. Borek (2014) arizctapp “…a felony; he pled guilty to "attempted secretly viewing or recording another person without their consent.” See A.R.S. § 13-3019(A), (D).”

State of Arizona v. Agustin Gonzalez Gongora (2014) arizctapp “A.R.S. § 13-3019; see also S.B. 1039, Senate Engrossed Version, 47th Legis.”

Tucson Unified School District v. Gallagher Corum (2014) arizctapp “” See A.R.S. § 13-3019(A), (D). 3 TUCSON UNIFIED SCHOOL DIST.”

— Ariz. Rev. Stat. § 13-3019(A)(1) — 1 case

State v. Eisenbeiss (2025) arizctapp “§ 13-1204(A)(2); one count of surreptitious photographing, a class 5 felony in violation of A.R.S. § 13-3019(A)(1); one count of criminal trespass in the first degree, a class 6 felony in violation of A.”

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