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Hidden camera laws by state

Hidden camera laws in Massachusetts

The actual statute, in plain English — not a paraphrase of a paraphrase.

The statute

M.G.L. c. 272, § 105 (Photographing, Videotaping or Electronically Surveilling Partially Nude or Nude Person)

What it prohibits

Willfully and secretly photographing, videotaping, or surveilling a person’s intimate parts under or around their clothing where a reasonable person wouldn’t expect them to be visible, or a person who is nude or partially nude with a reasonable expectation of privacy — without their knowledge or consent. The law was rewritten within days after a 2014 state supreme court ruling found the prior version didn’t clearly cover “upskirting” in public, so it now reaches some public-place conduct too, not only private rooms.

Penalty

Not formally labeled misdemeanor/felony in the statute; punishable by up to 2.5 years in a house of correction and/or a fine up to $5,000.

This is general public information, not legal advice, verified against the statute text linked below as of this writing — legislatures amend these laws periodically (Florida renamed its own statute in 2024). If this matters for a real situation, read the current text yourself or talk to a lawyer: https://law.justia.com/codes/massachusetts/part-iv/title-i/chapter-272/section-105/. Separately, recording audio of a conversation is governed by a different law (wiretap/eavesdropping statutes, which vary by state on whether one party or all parties must consent) — this page covers image/video capture only.

If you've actually found something, the statute matters less than what you do next: read the six steps here.

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Other states

TennesseeTenn. Code § 39-13-605 (Unlawful Photographing in Violation of Privacy) ColoradoC.R.S. § 18-3-405.6 (Invasion of Privacy for Sexual Gratification) NevadaNRS § 200.604 (Capturing Image of Private Area of Another Person) HawaiiHRS § 711-1110.9 (Violation of Privacy in the First Degree) South CarolinaS.C. Code § 16-17-470 (Eavesdropping, Peeping, Voyeurism) CaliforniaPenal Code § 647(j) TexasPenal Code § 21.15 (Invasive Visual Recording) New YorkPenal Law § 250.45 (Unlawful Surveillance, Second Degree)