(a) Any person who shall peep secretly into any room occupied by another person shall be guilty of a Class 1 misdemeanor.
(a1) Unless covered by another provision of law providing greater punishment, any person who secretly or surreptitiously peeps underneath or through the clothing being worn by another person, through the use of a mirror or other device, for the purpose of viewing the body of, or the undergarments worn by, that other person without their consent shall be guilty of a Class 1 misdemeanor.
(b) The following definitions apply in this section:
(1) Photographic image. - Any photograph or photographic reproduction, still or moving, or any videotape, motion picture, or live television transmission, or any digital image of any individual.
(2) Private area of an individual. - The naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual.
(3) Room. - Includes, but is not limited to, a bedroom, a rest room, a bathroom, a shower, a dressing room, a dressing stall, a cubicle, or other similar area designed to provide privacy.
(4) Under circumstances in which that individual has a reasonable expectation of privacy. - Means either of the following:
a. Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that a photographic image of a private area of the individual was being created.
b. Circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.
(c) Unless covered by another provision of law providing greater punishment, any person who, while in possession of any device which may be used to create a photographic image and with the intent to create a photographic image, shall secretly peep into any room shall be guilty of a Class A1 misdemeanor.
(d) Unless covered by another provision of law providing greater punishment, any person who, while secretly peeping into any room, uses any device to create a photographic image of another person in that room for the purpose of arousing or gratifying the sexual desire of any person shall be guilty of a Class I felony.
(e) Repealed by Session Laws 2025-70, s. 8(a), effective December 1, 2025, and applicable to offenses committed on or after that date.
(e1) Unless covered under some other provision of law providing greater punishment, any person who, with the intent to create a photographic image of a private area of an individual without the individual's consent, knowingly does so under circumstances in which the individual has a reasonable expectation of privacy shall be guilty of a Class I felony.
(f) Any person who, for the purpose of arousing or gratifying the sexual desire of any person, secretly or surreptitiously uses or installs in a room any device that can be used to create a photographic image with the intent to capture the image of another without their consent shall be guilty of a Class I felony.
(g) Any person who knowingly possesses a photographic image that the person knows, or has reason to believe, was obtained in violation of this section shall be guilty of a Class I felony.
(h) Any person who disseminates or allows to be disseminated images that the person knows, or should have known, were obtained as a result of the violation of this section shall be guilty of a Class H felony if the dissemination is without the consent of the person in the photographic image.
(i) A second or subsequent felony conviction under this section shall be punished as though convicted of an offense one class higher. A second or subsequent conviction for a Class 1 misdemeanor shall be punished as a Class A1 misdemeanor. A second or subsequent conviction for a Class A1 misdemeanor shall be punished as a Class I felony.
(j) If the defendant is placed on probation as a result of violation of this section:
(1) For a first conviction under this section, the judge may impose a requirement that the defendant obtain a psychological evaluation and comply with any treatment recommended as a result of that evaluation.
(2) For a second or subsequent conviction under this section, the judge shall impose a requirement that the defendant obtain a psychological evaluation and comply with any treatment recommended as a result of that evaluation.
(k) Any person whose image is captured or disseminated in violation of this section has a civil cause of action against any person who captured or disseminated the image or procured any other person to capture or disseminate the image and is entitled to recover from those persons actual damages, punitive damages, reasonable attorneys' fees and other litigation costs reasonably incurred.
(l) When a person violates subsection (d), (e1), (f), (g), or (h) of this section, or is convicted of a second or subsequent violation of subsection (a), (a1), or (c) of this section, the sentencing court shall consider whether the person is a danger to the community and whether requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that the person is a danger to the community and that the person shall register, then an order shall be entered requiring the person to register.
(m) The provisions of subsections (a), (a1), (c), (e1), (g), (h), and (k) of this section do not apply to either of the following:
(1) Law enforcement officers while discharging or attempting to discharge their official duties.
(2) Personnel of the Division of Prisons of the Department of Adult Correction or of a local confinement facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Division or the local confinement facility.
(n) This section does not affect the legal activities of those who are licensed pursuant to Chapter 74C, Private Protective Services, or Chapter 74D, Alarm Systems, of the General Statutes, who are legally engaged in the discharge of their official duties within their respective professions, and who are not engaging in activities for an improper purpose as described in this section. (1923, c. 78; C.S., s. 4356(a); 1957, c. 338; 1993, c. 539, s. 131; 1994, Ex. Sess., c. 24, s. 14(c); 2003-303, s. 1; 2004-109, s. 7; 2011-145, s. 19.1(h); 2012-83, s. 1; 2017-186, s. 2(p); 2021-180, s. 19C.9(p); 2025-70, s. 8(a).)
Notes of Decisions
Cited in
26
cases (
7 in the last 5 years), 1950–2026 · leading case:
Matter of Banks, 244 S.E.2d 386 (N.C. 1978).
Matter of Banks, 244 S.E.2d 386 (N.C. 1978).
· cites it 12× “The State argues that the trial court erred in ruling that G.S. 14-202, the so-called “Peeping Tom” statute, is unconstitutional.”
State v. Mastor, 777 S.E.2d 516 (N.C. Ct. App. 2015).
· cites it 26× “" The district court entered an order finding Kistel engaged in conduct that resulted in indictment for felony secret peeping, pursuant to N.C. Gen.Stat. § 14-202 (2013). The district court ordered Kistel to "enroll in an intensive behavioral oriented psychotherapy program" and…”
State v. Pell, 712 S.E.2d 189 (N.C. Ct. App. 2011).
· cites it 16× “On 21 July, 5 August, and 8 September 2008, Defendant was indicted on sixteen counts of felony secret peeping under N.C. Gen. Stat. § 14-202 (d). On 5 August 2009, Defendant entered into an agreement with the State whereby he pled guilty to eight of the counts, and *377 the…”
State v. Every, 578 S.E.2d 642 (N.C. Ct. App. 2003).
· cites it 4× “It is well settled that a physical touching of a child by the defendant is not required in order to show an indecent liberty with the child in violation of section 14-202(a)(1) (citations omitted)(lewd or lascivious act must be "upon or with the body or any part or member of the…”
State v. Breathette, 690 S.E.2d 1 (N.C. Ct. App. 2010).
· cites it 4× “N.C. Gen. Stat. § 14-202 .l(a)(l)-(2). The statute is unambiguous as to the elements of the crime: the State must prove that (1) the defendant was at least 16; (2) the defendant was five years older than the complainant; (3) the defendant willfully took or attempted to take an…”
State v. Harris, 724 S.E.2d 633 (N.C. Ct. App. 2012).
· cites it 2× “7, including certain forms of secret peeping, N.C. Gen. Stat. §§ 14-202 (d)-(h), and sexually violent offenses, N.”
State v. Ladd, 782 S.E.2d 397 (N.C. Ct. App. 2016).
· cites it 2× “("Defendant") appeals from judgment entered after he pled guilty to four counts of secretly using a photographic *399 device with the intent to capture images of another person pursuant to N.C. Gen.Stat. § 14-202(f). We reverse the trial court's denial of Defendant's motion to…”
State v. Terrell, 810 S.E.2d 719 (N.C. Ct. App. 2018).
· cites it 3× “The jury saw the image and they determined it violated North Carolina General Statute § 14-202(g) and convicted defendant of possessing a photographic image from peeping; this conviction means the jury found that defendant had taken the photograph “for the purpose of arousing or…”
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
· cites it 2× “14-202(d), (e), (f), (g), or (h), or a second or subsequent conviction for a violation of G.S. 14-202(a), (al), or (c), only if the court sentencing the individual issues an order pursuant to G.”
Nationwide Mut. Ins. v. Douglas, 557 S.E.2d 592 (N.C. Ct. App. 2001).
· cites it 2× “Following Fogleman’s conviction under the secret peeping statute, N.C. Gen. Stat. § 14-202 (1999), Douglas brought a civil action against him alleging intentional infliction of emotional distress and invasion of privacy (98 CVS 386).”
Commonwealth v. Swan, 897 N.E.2d 1015 (Mass. App. Ct. 2008).
“§ 97-29-61 (1994); N.C. Gen. Stat. § 14-202 (1995).”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
· cites it 3× “14-202(a), (al), or (c), only if the court sentencing the individual issues an order pursuant to-G.S. 14-202(Z) requiring the individual to register.”
— N.C. Gen. Stat. § 14-202(Z) — 1 case
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“14-202(a), (al), or (c), only if the court sentencing the individual issues an order pursuant to-G.S. 14-202(Z) requiring the individual to register.”
— N.C. Gen. Stat. § 14-202(a) — 2 cases
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“14-202(d), (e), (f), (g), or (h), or a second or subsequent conviction for a violation of G.S. 14-202(a), (al), or (c), only if the court sentencing the individual issues an order pursuant to G.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“14-202(a), (al), or (c), only if the court sentencing the individual issues an order pursuant to-G.S. 14-202(Z) requiring the individual to register.”
— N.C. Gen. Stat. § 14-202(a)(1) — 1 case
State v. Every, 578 S.E.2d 642 (N.C. Ct. App. 2003).
“It is well settled that a physical touching of a child by the defendant is not required in order to show an indecent liberty with the child in violation of section 14-202(a)(1) (citations omitted)(lewd or lascivious act must be "upon or with the body or any part or member of the…”
— N.C. Gen. Stat. § 14-202(a)(l) — 1 case
State v. Every, 578 S.E.2d 642 (N.C. Ct. App. 2003).
“It is well settled that a physical touching of a child by the defendant is not required in order to show an indecent liberty with the child in violation of section 14-202(a)(1) (citations omitted)(lewd or lascivious act must be "upon or with the body or any part or member of the…”
— N.C. Gen. Stat. § 14-202(a1) — 1 case
— N.C. Gen. Stat. § 14-202(b)(1) — 1 case
— N.C. Gen. Stat. § 14-202(b)(3) — 1 case
— N.C. Gen. Stat. § 14-202(d) — 6 cases
State v. Mastor, 777 S.E.2d 516 (N.C. Ct. App. 2015).
“" The district court entered an order finding Kistel engaged in conduct that resulted in indictment for felony secret peeping, pursuant to N.C. Gen.Stat. § 14-202 (2013). The district court ordered Kistel to "enroll in an intensive behavioral oriented psychotherapy program" and…”
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“14-202(d), (e), (f), (g), or (h), or a second or subsequent conviction for a violation of G.S. 14-202(a), (al), or (c), only if the court sentencing the individual issues an order pursuant to G.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“14-202(a), (al), or (c), only if the court sentencing the individual issues an order pursuant to-G.S. 14-202(Z) requiring the individual to register.”
— N.C. Gen. Stat. § 14-202(e) — 3 cases
State v. Mastor, 777 S.E.2d 516 (N.C. Ct. App. 2015).
“" The district court entered an order finding Kistel engaged in conduct that resulted in indictment for felony secret peeping, pursuant to N.C. Gen.Stat. § 14-202 (2013). The district court ordered Kistel to "enroll in an intensive behavioral oriented psychotherapy program" and…”
— N.C. Gen. Stat. § 14-202(f) — 4 cases
State v. Ladd, 782 S.E.2d 397 (N.C. Ct. App. 2016).
“("Defendant") appeals from judgment entered after he pled guilty to four counts of secretly using a photographic *399 device with the intent to capture images of another person pursuant to N.C. Gen.Stat. § 14-202(f). We reverse the trial court's denial of Defendant's motion to…”
— N.C. Gen. Stat. § 14-202(g) — 1 case
State v. Terrell, 810 S.E.2d 719 (N.C. Ct. App. 2018).
“The jury saw the image and they determined it violated North Carolina General Statute § 14-202(g) and convicted defendant of possessing a photographic image from peeping; this conviction means the jury found that defendant had taken the photograph “for the purpose of arousing or…”
— N.C. Gen. Stat. § 14-202(l) — 5 cases
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