ARS 13-3019: Surreptitious photographing, videotaping,

What the State Must Prove Under § 13-3019

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.

The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.

Penalties for a § 13-3019 Conviction

Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.

Full Text of A.R.S. § 13-3019

Source: Arizona Revised Statutes § 13-3019, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.

Our Guides on This Charge

Written by our defense team on how these cases run in Arizona courts.

• Is It Illegal to Record Someone in Arizona? ARS 13-3019

Related Statutes in Chapter 30 — Eavesdropping And Communications

• A.R.S. § 13-3016 — Stored oral, wire and electronic communications
• A.R.S. § 13-3011 — Disclosing confidential information relating to ex parte order
• A.R.S. § 13-3009 — Duty to report to law enforcement officers
• A.R.S. § 13-3008 — Possession of interception devices
• A.R.S. § 13-3006 — Divulging communication service information
• A.R.S. § 13-3005 — Interception of wire, electronic and oral communications
• A.R.S. § 13-3004 — Sending threatening or anonymous letter
• A.R.S. § 13-3003 — Opening, reading or publishing sealed letter of another without authority

How Tamou Law Group Defends § 13-3019 Cases

A § 13-3019 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 4 through 6 felony and something far less serious, and it is where these cases are won.

We handle surreptitious photographing, videotaping, cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.