Is it illegal to videotape a person in my own home without their knowledge?

UPDATED: Feb 15, 2012

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Is it illegal to videotape a person in my own home without their knowledge?

I have heard that this is legal as long as their is no audio. Is that true? If it is legal, are their any instances or loop holes where it would become illegal for a video to be recorded (in the home of the person recording the video) without consent from the persons being recorded?

Asked on February 15, 2012 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is nothing illegal about videotaping a person in your own home without their knowledge. The videotape can have audio or not. What is illegal in all states in this country is to record a telephone call that one may be having without his or her knowledge.

However, when one calls and leaves a message on the telephone answering machine, the recording of the message is done voluntarily by the person leaving the message and that is perfectly fine.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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