Someone Filmed Me Without Consent. What Are My Legal Options?
Filming someone without consent in a private setting is a criminal offense in all 50 states, and victims have both criminal prosecution and civil lawsuit options available to them. The federal TAKE IT DOWN Act now also requires platforms to remove non-consensual recordings within 48 hours, giving victims an additional enforcement mechanism regardless of where the content is hosted.
Discovering that someone recorded you without your knowledge or consent is a deeply violating experience. Whether it was a hidden camera in a bathroom, a phone secretly recording in a bedroom, a landlord surveilling a rental unit, or an ex-partner who captured intimate moments without permission, the law is unambiguously on your side.
This guide covers the criminal statutes that protect you, your options for civil litigation, how to file a police report that actually leads to action, how to preserve evidence, and the specific steps for getting content removed from the internet if it has been distributed.
Voyeurism Criminal Statutes in All 50 States
Every state in the United States has enacted criminal statutes that specifically address voyeurism, unlawful surveillance, or non-consensual recording. While the specific language varies, the core prohibition is consistent: recording someone in a place where they have a reasonable expectation of privacy without their consent is a crime.
Felony-level voyeurism states include New York (Penal Law 250.45, Class E felony for unlawful surveillance), Michigan (MCL 750.539d, felony with up to 2 years for first offense and 5 years for repeat offense), and Florida (Fla. Stat. 810.145, third-degree felony if the victim is an adult).
States with enhanced distribution penalties include California (Penal Code 647(j), misdemeanor for recording but enhanced penalties when distributed), Illinois (720 ILCS 5/26-4, Class 4 felony for non-consensual dissemination with additional protections under BIPA for biometric data), and Texas (Penal Code 21.15, state jail felony for invasive visual recording).
States with mandatory sex offender registration for voyeurism convictions include Alabama, Arizona, Delaware, Idaho, Louisiana, Mississippi, and South Carolina, depending on the circumstances and severity.
The penalties range from misdemeanors with up to one year in jail to felonies with prison sentences of five years or more, particularly when the recordings involve minors or are distributed online.
The Federal TAKE IT DOWN Act
The TAKE IT DOWN Act, signed into law in 2025, is a landmark federal statute that directly addresses non-consensual intimate imagery, including voyeur recordings. The law requires any platform that operates in or is accessible from the United States to remove NCII content within 48 hours of receiving a valid removal request.
The Act covers both "real" content (actual recordings) and AI-generated deepfake content. For voyeur victims, the key provisions are:
- Platforms must have a reporting mechanism for NCII removal requests
- Removal must occur within 48 hours
- The platform must make reasonable efforts to remove copies and re-uploads
- Violations carry civil penalties enforced by the Federal Trade Commission
This law is particularly important for voyeur content because it applies regardless of whether the victim has a copyright claim. Prior to the TAKE IT DOWN Act, victims had to rely on either DMCA (which requires a copyright claim) or platform-specific NCII policies (which not all platforms have).
Civil Remedies: Suing for Damages
Beyond criminal prosecution, you can pursue civil litigation against the person who recorded you, the person who distributed the recording (if different), and in some cases, the property where the recording occurred.
Invasion of privacy claims are available in virtually every jurisdiction. These typically fall under "intrusion upon seclusion" (the act of recording) and "public disclosure of private facts" (the act of distributing).
Intentional infliction of emotional distress is another common claim. Courts have consistently found that covert recording and distribution of intimate imagery meets the "outrageous conduct" threshold required for this claim.
Statutory damages are available in many states specifically for non-consensual intimate imagery. These statutes allow victims to recover set amounts per violation without having to prove specific financial harm. For example, Illinois provides for damages under both its voyeurism statute and the Biometric Information Privacy Act (BIPA) if any biometric data (facial geometry) was captured without consent.
Negligence claims against property owners are available when the recording occurred in a rental property, hotel, or Airbnb. If the property owner knew or should have known about the camera, they may be liable. Several successful lawsuits have been filed against Airbnb hosts and hotel operators.
Damages in civil voyeurism cases can include compensatory damages for emotional distress, therapy costs, lost wages, and damage to reputation. Punitive damages are available in cases of particularly egregious conduct. Settlements and verdicts in voyeur cases have ranged from tens of thousands to several million dollars.
How to File a Police Report That Leads to Action
Filing a police report is the foundation for both criminal prosecution and civil litigation. A well-prepared report dramatically increases the chances of law enforcement taking action.
Before going to the police station:
- Organize all evidence chronologically. Print screenshots with timestamps.
- Write a clear narrative of what happened, when you discovered it, and any information about the suspected perpetrator.
- If the content is online, document all URLs, uploader usernames, and site information.
- If you know where the camera was placed, photograph the location. Do not touch or remove the camera if it is still there. Law enforcement needs to collect it as evidence.
At the police station:
- Request to speak with a detective in the sex crimes or special victims unit, not just a patrol officer. Patrol officers may not understand the technical aspects.
- Bring a copy of your state's voyeurism statute (printed from your state legislature's website). This prevents the "we don't know if that's a crime" response.
- Explicitly state that you are a victim of criminal voyeurism and that you want to file a report for prosecution.
- If the content has been distributed online, mention the federal TAKE IT DOWN Act and the Video Voyeurism Prevention Act (18 U.S.C. 1801).
After filing:
- Get the report number in writing.
- Ask for the assigned detective's name and contact information.
- Follow up within one week if you have not heard back.
Evidence Preservation
Digital evidence degrades and disappears. Content gets deleted, accounts get closed, and metadata gets stripped. Preserving evidence immediately is critical.
For online content:
- Screenshot every page showing the content (URL bar visible in screenshot)
- Use web archive tools to create timestamped copies
- Note the source code of the page if possible (right-click, "View Page Source")
- Record the upload date, view count, and any comments
For physical cameras:
- Do not touch or move the camera
- Photograph it in place from multiple angles
- Note the make and model if visible
- If it is a connected/WiFi camera, note any network names associated with it
For communications:
- Screenshot any messages from the perpetrator
- Do not delete any text messages, emails, or DMs related to the incident
- If the perpetrator sent you the recording as a threat, preserve the exact message
What to Do If It Was a Landlord, Airbnb Host, Roommate, or Ex-Partner
Landlord or property manager: This is both a criminal matter and a civil matter with potentially large liability. File a police report, then contact a tenant's rights attorney. Many states have specific statutes about landlord surveillance of tenants that carry both criminal penalties and civil damages. You may also have a claim against the property management company.
Airbnb host: File a report through Airbnb's Safety Center immediately. Airbnb banned all indoor cameras in listings in April 2024. File a police report in the jurisdiction where the property is located. Airbnb has paid substantial settlements to guests who were recorded by hidden cameras.
Roommate: File a police report. Even though you share a living space, you have a reasonable expectation of privacy in your bedroom, bathroom, and any area where you would reasonably expect not to be observed. A roommate does not waive your right to privacy.
Ex-partner: This often overlaps with revenge porn and domestic violence statutes. If the recording was made during a relationship, the legality depends on whether both parties consented at the time. If the recording was made covertly (hidden camera without your knowledge), it is voyeurism regardless of the relationship. If it was recorded with consent but distributed without consent, it falls under your state's revenge porn or NCII distribution statute. Contact a domestic violence hotline (1-800-799-7233) in addition to filing a police report.
Getting Content Removed from the Internet
If the voyeur content has been posted online, removal is a separate but parallel process to criminal prosecution.
Step 1: Search engine de-indexing. File non-consensual intimate imagery removal requests with Google and Bing. This is the fastest way to reduce the content's visibility. Google typically processes these within 24-48 hours.
Step 2: Platform reporting. If the content is on a platform with NCII reporting (Reddit, Twitter/X, Meta platforms, Pornhub, xVideos), file through their NCII process, not a standard DMCA.
Step 3: StopNCII. Register the content's hash with StopNCII.org to prevent re-uploads across partner platforms.
Step 4: Infrastructure escalation. If the content is on a site that ignores removal requests (common with offshore voyeur tube sites), the removal path goes through the site's infrastructure providers: CDN, hosting company, upstream bandwidth providers, domain registrar, and payment processors.
Critical warning about DIY DMCA filings: If you file a DMCA takedown notice yourself, your full legal name, address, and contact information are included in the notice and may be published in the Lumen Database, a public archive. This could permanently associate your name with the content you are trying to remove. Filing through an authorized agent keeps your identity completely shielded.
Do I Need Both a Criminal Case and a Civil Case?
You are not required to choose one or the other. Criminal prosecution and civil litigation serve different purposes and can proceed simultaneously. Criminal prosecution holds the perpetrator accountable through the justice system. Civil litigation compensates you for the harm you suffered. Many victims pursue both.
A criminal conviction also strengthens any subsequent civil case significantly.
What If the Police Refuse to Take My Report?
This unfortunately happens, particularly in jurisdictions where officers are not trained on voyeurism statutes. If the first officer you speak with dismisses your report, escalate to a supervisor or the detective bureau. You can also contact your local district attorney's office directly, contact your state attorney general's office, or file a complaint with your city's civilian oversight board.
If the content has been distributed online, the FBI's IC3 (Internet Crime Complaint Center) at ic3.gov accepts complaints related to non-consensual intimate imagery distribution.
What Compensation Can I Receive in a Civil Lawsuit?
Civil damages in voyeurism cases can include compensatory damages for emotional distress, anxiety, depression, and PTSD. Therapy and medical costs, both past and future. Lost wages if the violation affected your ability to work. Statutory damages under state NCII laws (these vary by state but can range from $1,000 to $150,000 per violation). Punitive damages in cases of particularly egregious or intentional conduct. Attorney's fees in states that allow fee-shifting for privacy violations.
The total can be substantial. Consult a privacy attorney for an assessment specific to your situation. Many take these cases on contingency, meaning you pay nothing upfront.
How Do I Keep the Recording from Spreading Further?
Containment is critical, especially in the first 48 hours. File de-indexing requests with Google and Bing immediately. Register content hashes with StopNCII.org. If you know who uploaded the content, your attorney can send a preservation and cease-and-desist letter that carries legal weight. For content on offshore sites that ignore emails, authorized agents handle the full infrastructure escalation, filing through channels that keep your name off public records while pressuring every layer of the site's infrastructure until the content comes down.