Surreptitious Recording Of a Minor In Arizona: Charges, Penalties & Sex Crime Implications

Surreptitious recording of a minor is one of the most aggressively prosecuted crimes in Arizona. A single recording can result in felony charges, prison, and lifetime sex offender registration.

At VS Criminal Defense Attorneys, we understand that such cases are most commonly filed in the Superior Court of Maricopa County and the Superior Court of Pinal County, where prosecutors zealously prosecute to the fullest. We consistently defend cases in Phoenix, Mesa, Tempe, Chandler, Gilbert, Scottsdale, Casa Grande, Florence, and Apache Junction, and throughout Arizona.

What Is Surreptitious Recording In Arizona?

Arizona law explains surreptitious recording in A.R.S. § 13-3019. It is unlawful to knowingly photograph, videotape, film, digitally record, or secretly observe an individual without their permission while the individual is naked, partially naked, or sexually engaged in a place where there is a reasonable expectation of privacy, such as a bedroom, bathroom, or dressing room.

Examples include:

• Installing a concealed camera in a bathroom, bedroom, or dressing room
• Taping an individual engaging in a sexual act without his or her knowledge
• Taking a photo or video with a phone or hidden device under a person’s clothing (“upskirting” or “downblousing”)

Adults and minors may be involved in both situations. If children are the subject of the taping, the charges become much more severe and are typically enhanced to child sexual exploitation charges.

Why Cases Involving Minors Are Treated More Harshly

Arizona law presumes that the surreptitious recording of minors is exploitative. Because children under 18 years old cannot legally consent to being recorded, all nudity or sexual conduct is prosecuted aggressively.

What begins as a surreptitious recording charge under A.R.S. § 13-3019 can quickly become:

• Sexual Exploitation of a Minor (A.R.S. § 13-3553): Also known as child pornography charges, each image or file can be a separate felony count.
• Voyeurism (A.R.S. § 13-1424): Additional charges may apply if the act was for sexual gratification.
• Upskirting and Downblousing of a Minor: Recording under a child’s clothing secretly, even when the child is clothed, can be charged as surreptitious recording and enhanced to sexual exploitation when nudity is revealed.
• Distribution of Recordings: Distributing or recording children can exponentially add charges, especially in digital cases.

Penalties For Recording a Minor

Not every recording of a child is illegal. Parents who make ordinary family recordings at home, on trips, or at school events are not violating the law. The Arizona law only comes into play if the recordings are made secretly, involve nudity or sexual conduct, and occur in a place where the child might reasonably be expected to have privacy.

When all those conditions exist, the penalty is severe. Videotaping a minor in a private setting while naked, half-naked, or engaging in a sexual act without their knowledge is typically a Class 4 felony. If the video shows sexual conduct or is distributed, it is a Class 2 felony. The crimes carry mandatory incarceration and no probation. Maricopa County Superior Court judges and Pinal County Superior Court judges issue especially harsh punishments, particularly when prosecutors ask for consecutive sentencing. In such instances, multiple recordings can add up to decades of prison time. Lifetime sex offender registration is also likely, placing permanent restrictions on housing, employment, and access to the internet.

Distribution Of Recordings & Child Pornography

The most severe aggravation is where images or videos of the child are videotaped, shared, or distributed. A single video of a naked child can be charged as sexual exploitation of a minor under A.R.S. § 13-3553. A single file is enough to make it a Class 2 felony and presumptive imprisonment. Uploading or distribution of a file is a new felony charge for each distribution. Prosecutors usually charge one count per file, so three recordings can result in three separate sentences, sometimes served consecutively.

In Phoenix, Mesa, and other parts of Maricopa County, even one texted photo or file constitutes the distribution of child pornography. The punishments are some of the most aggressively prosecuted in Arizona, with consequences that can last decades.

Defenses Against Surreptitious Recording Of a Minor

To defend against such charges, one needs an attorney who is familiar with both sex crime defense and computer evidence. The state has to establish that the subject of the recording was younger than 18 years old, that there was nudity or sexual conduct as defined by statute, and that the defendant was the one who created the recording. If the state cannot establish these elements beyond a reasonable doubt, then charges can be lessened or dropped.

Other defenses challenge how the evidence was gathered. When police searched cell phones, computers, or cloud accounts without an adequate warrant, for example, that evidence might be suppressed at trial. In other cases, prosecutors cannot establish a clear link between the defendant and the alleged recordings. Importantly, consent is never a defense when the victim is a minor. Even if a child agreed to being recorded, Arizona law still deems the activity criminal sexual exploitation.

Frequently Asked Questions About Surreptitious Recording Of a Minor In Arizona

What is surreptitious recording of a minor in Arizona?
It is illegal under A.R.S. § 13-3019 to secretly record a person who is naked, partially naked, or sexually active in a private space. When the victim is under the age of 18, the crime is far more severe and can be escalated to sexual exploitation of a minor.

Is it illegal to video record my own child in my Arizona home?
No. Normal family videos are lawful. The law only comes into play when the recordings are secret, involve nudity or sexual conduct, and occur in a private room such as a bathroom or bedroom.

Can a minor legally agree to being video recorded?

No. Arizona law does not recognize the agreement of a minor in this matter. It is still a crime to videotape a child naked or partially naked, even with the consent of the child, and can result in sexual exploitation charges.

How are charges enhanced if recordings of a minor are shared?
Video recording, sending, or posting a child that depicts nudity or sexual activity can cause sexual exploitation of a minor charges according to A.R.S. § 13-3553. Every photo or act of sending can be charged separately as a Class 2 felony.

Does secret videotaping of a minor include upskirting or downblousing?
Yes. A secret recording beneath a child’s clothing may amount to surreptitious recording. Where nudity is revealed, the charges may be elevated to sexual exploitation of a minor.

What are the defenses to these charges?
Defenses can include a lack of evidence that the subject was a minor, a lack of evidence that nudity or sexual activity occurred, unlawful searches and seizures of equipment, or a lack of evidence linking the accused to the recording. Consent is never a viable defense when the subject is under 18 years old.

Why You Need a Sex Crime Defense Attorney

Charges for the secret recording of a child are one of the most devastating criminal charges in Arizona. A conviction can lead to years or decades in prison, lifetime sex offender registration, and permanent damage to your future.

At VS Criminal Defense Attorneys, Attorney Michelle Villanueva-Skura has defended clients against these severe charges. Our office carefully examines the state’s evidence, challenges the legality of searches and seizures, and prepares defense strategies that are tailored to protect your rights and future.

We represent clients all over Maricopa County and Pinal County, including Phoenix, Mesa, Chandler, Gilbert, Tempe, Scottsdale, Glendale, and Florence. We also vigorously represent clients pre-charge and pre-indictment when clients find out they are under investigation before formal charges have been filed. Taking action early can make a big difference.

Contact an Arizona Surreptitious Recording Defense Attorney

If you or a loved one has been accused of illegally videotaping a child, do not delay in fighting for your rights. These charges escalate quickly and are punishable by repercussions that will haunt you for the rest of your life.

Call VS Criminal Defense Attorneys today for a confidential consultation.