Penalties for criminal voyeurism and non-consensual recording laws run from misdemeanor jail time under state statutes to multi-year federal prison sentences, and the 2025 TAKE IT DOWN Act added the first broad federal criminal penalty for sharing intimate images—including AI-generated fakes—without consent. What a defendant actually faces depends on where the conduct happened, whether images were distributed or only captured, whether the victim was a minor, and whether threats or extortion accompanied the offense.
Federal Voyeurism Penalty Under 18 U.S.C. § 1801
The Video Voyeurism Prevention Act makes it a federal crime to intentionally capture an image of someone’s private area without consent when that person has a reasonable expectation of privacy. A conviction carries up to one year in prison, a fine, or both.1Office of the Law Revision Counsel. 18 USC 1801 – Video Voyeurism
This statute has a narrow reach. It applies only within the special maritime and territorial jurisdiction of the United States, meaning federal property: military bases, national parks, federal courthouses, and similar locations. Voyeurism in a private apartment, a shopping mall restroom, or a hotel does not fall under this federal law. Those situations are handled by state statutes, which every state has enacted. The federal statute also excludes lawful law enforcement, correctional, and intelligence activities.
TAKE IT DOWN Act Penalties for Sharing Intimate Images
Signed into law on May 19, 2025, the TAKE IT DOWN Act created the first federal criminal prohibition on non-consensual distribution of intimate images. Before this law, criminal prosecution for image distribution depended entirely on state statutes, and federal law offered only a civil remedy.2Congress.gov. S.146 – TAKE IT DOWN Act 119th Congress (2025-2026)
The Act covers both real images and “digital forgeries,” which are intimate images of an identifiable person created or altered using AI or other technology. It is the first federal statute to directly address deepfake intimate imagery. For real images of adults, prosecutors must prove the image was obtained or created in circumstances where the person had a reasonable expectation of privacy. For digital forgeries of adults, prosecutors only need to show the material was published without consent.3Congress.gov. The TAKE IT DOWN Act – A Federal Law Prohibiting Nonconsensual Intimate Visual Depictions
Prison exposure varies by image type and victim age:
- Authentic images of adults: up to 2 years in prison, a fine, or both
- Authentic images of minors: up to 3 years in prison
- Digital forgeries of adults: up to 2 years for publication, up to 18 months for threats to publish
- Digital forgeries of minors: up to 2 years for publication, up to 30 months for threats to publish
Threatening to publish carries its own penalty even when the person never follows through. Courts can order forfeiture of the distributed material and any property used to commit the offense, and mandatory restitution to the victim applies to every conviction.3Congress.gov. The TAKE IT DOWN Act – A Federal Law Prohibiting Nonconsensual Intimate Visual Depictions
State Penalties for Voyeurism and Unauthorized Recording
Because most voyeurism happens off federal property, state law handles the vast majority of prosecutions. Penalties vary by jurisdiction, but the pattern is consistent.
A first offense for voyeurism or unauthorized recording is typically charged as a misdemeanor. Jail exposure runs up to one year, and fines commonly range from $1,000 to $2,500. Judges may also order destruction of all devices and files connected to the crime.
Certain circumstances push a first offense straight into felony territory. These include cases where the victim is a minor, cases where the images were distributed publicly, and cases where hidden recording equipment was installed in someone else’s home. Repeat offenses and other aggravating factors, such as using sophisticated concealment technology, also trigger felony charges. Felony convictions can carry two to five years or more in state prison, with fines that frequently exceed $10,000. Offenses involving minors consistently draw the harshest penalties at both the state and federal levels.
Cyberstalking and Extortion Charges Carry Higher Prison Time
When non-consensual images are used to harass, threaten, or extort, federal cyberstalking law under 18 U.S.C. § 2261A can apply. The statute covers anyone who uses an online service or electronic communication to intentionally place another person in reasonable fear of death or serious bodily injury, or to cause substantial emotional distress. It does not require the perpetrator and victim to be in different states.4Federal Bureau of Investigation. Two Federal Cases Illustrate the Consequences of Sextortion
Cyberstalking carries up to five years in prison and fines up to $250,000. If the conduct results in a victim’s death, a life sentence is possible. Prosecutors have used this statute against people who distributed intimate images as part of extortion schemes, demanding sexual acts, money, or continued contact in exchange for not releasing private material. Cyberstalking charges remain available as a more serious charge when the conduct goes beyond distribution into threats and coercion.
Sex Offender Registration as a Long-Term Penalty
A voyeurism conviction can trigger mandatory sex offender registration, which often outlasts every other part of the sentence. Under the federal Sex Offender Registration and Notification Act, video voyeurism involving a minor qualifies as a Tier I sex offense. Tier I offenders must register and verify their information annually for 15 years.5Office of Justice Programs SMART. Guide to SORNA – Sex Offender Registration and Notification Act
State registration rules vary and can be more restrictive than the federal baseline. Many states require registration for voyeurism convictions involving adult victims, not only minors. Registration typically brings residency restrictions that prohibit living within a set distance of schools, daycare centers, and similar facilities. Certain professions become off-limits. Failure to register or keep information current is a separate felony that can add prison time on top of the underlying sentence.
Civil Damages Alongside Criminal Penalties
Criminal penalties are only one side of the exposure. Federal law under 15 U.S.C. § 6851 lets anyone whose intimate images were disclosed without consent sue in federal court, so long as the disclosure involved interstate commerce or an interstate communication tool. Posting online meets that threshold in almost every case.6Office of the Law Revision Counsel. 15 USC 6851 – Civil Action Relating to Disclosure of Intimate Images
The plaintiff must show that the person who disclosed the images knew of, or recklessly disregarded, the lack of consent. Available remedies include:
- Actual damages or liquidated damages of $150,000, whichever is greater. Choosing liquidated damages means the victim does not have to prove a specific dollar figure of harm.
- Attorney’s fees and litigation costs, which the court can shift to the defendant.
- Injunctive relief, including temporary restraining orders, preliminary injunctions, and permanent orders requiring the defendant to stop displaying or disclosing the images.
- Pseudonym protection, so the plaintiff can proceed without their identity appearing in the public record.
The statute recognizes limited exceptions for good-faith disclosures to law enforcement, disclosures in legal proceedings, medical uses, and matters of public concern.6Office of the Law Revision Counsel. 15 USC 6851 – Civil Action Relating to Disclosure of Intimate Images
Consent to Record Is Not Consent to Share
One principle shapes when penalties attach to distribution cases. Consent to be recorded does not equal consent for the recording to be shared. Someone who willingly shared intimate photos with a partner keeps full legal protection if that partner later distributes the images without permission. The federal civil statute states this directly: consent to the creation of an image does not establish consent to its distribution, and disclosing an image to one person does not authorize that person to share it further. Prosecutors and civil plaintiffs focus on whether the person depicted authorized the specific act of distribution, not whether they authorized the original recording.6Office of the Law Revision Counsel. 15 USC 6851 – Civil Action Relating to Disclosure of Intimate Images
That principle governs the full penalty framework: the federal recording statute, the TAKE IT DOWN Act’s distribution offenses, state voyeurism laws, cyberstalking charges when threats are involved, and the civil damages available to the person depicted.