Peeping Tom Laws in Washington State: Degrees, Penalties, Defenses

In Washington, what people call “peeping Tom” conduct is prosecuted under the state’s voyeurism statute, RCW 9A.44.115. The peeping Tom laws in Washington State split the crime into two degrees: first-degree voyeurism is a Class C felony carrying up to five years in prison and mandatory sex offender registration, and second-degree voyeurism is a gross misdemeanor carrying up to 364 days in jail. A separate statute criminalizes sharing intimate images, and victims can also sue for invasion of privacy.¹

What Counts as Voyeurism in Washington

The statute targets two different behaviors. One is secretly watching or recording someone in a private setting for sexual gratification. The other is secretly capturing images of a person’s intimate areas with the intent to spread those images.¹

A few defined terms do most of the work in a voyeurism case.

Intimate areas means any part of the body or undergarments covered by clothing and intended to stay out of public view. That reaches beyond nudity and can include undergarments visible through or beneath clothing.

Reasonable expectation of privacy covers two situations: a place where a reasonable person would feel safe undressing, and any place where a person would reasonably expect to be free from intrusion or surveillance. Bathrooms, bedrooms, locker rooms, and dressing rooms are the clearest examples, but the definition can stretch to other locations depending on the facts.

Views means intentionally looking at another person for more than a brief period, in more than a casual or passing way, whether with the naked eye or a device that enhances vision. A fleeting glance doesn’t count. The statute’s photography language covers any photograph, video, digital image, or other recording or transmission of the person’s image.¹

First-Degree Voyeurism (Felony)

Voyeurism in the first degree is a Class C felony. A person commits the crime by knowingly viewing, photographing, or filming another person for the purpose of sexual arousal or gratification, in one of two situations:¹

The victim is in a place where they have a reasonable expectation of privacy, and the viewing or recording happens without their knowledge or consent.
The offender captures or views the victim’s intimate areas without consent, in circumstances where the victim reasonably expected privacy. This applies whether the victim is in a public or private place, so using a hidden camera to look up a person’s skirt in a store can fall under this charge.

The sexual-purpose element is what separates first-degree voyeurism from an accidental or incidental recording. A home security camera that happens to catch a neighbor changing clothes wouldn’t meet the standard, because there is no intent to arouse or gratify. Prosecutors usually prove that intent through circumstantial evidence: where the camera was placed, how it was angled, and how the defendant behaved before and after.

A conviction carries up to five years in a state correctional facility and a fine of up to $10,000.² Actual sentences depend on criminal history and the facts of the case under Washington’s sentencing guidelines. A court can also order the destruction of any images or recordings created during the offense.¹

Second-Degree Voyeurism (Gross Misdemeanor)

Voyeurism in the second degree has narrower elements. A person must intentionally photograph or film another person’s intimate areas, without consent, in circumstances where the person had a reasonable expectation of privacy, and the offender must intend to distribute or disseminate the images.¹

The difference from first degree is the focus of the crime. First degree turns on sexual gratification from the act of watching or recording. Second degree turns on capturing intimate images to share them. The statute does not require that the offender actually distribute anything. The intent to do so at the time of recording is enough.

As a gross misdemeanor, second-degree voyeurism carries up to 364 days in county jail and a fine of up to $5,000.² A court can order destruction of the images here as well.¹

Sex Offender Registration

First-degree voyeurism is a felony under chapter 9A.44 RCW, which makes it a “sex offense” under Washington’s sentencing definitions.³ A person convicted must register with the sheriff of the county where they live, providing name, address, photograph, and other personal information.⁴

Second-degree voyeurism is different. The statute explicitly says it is not a sex offense for sentencing or registration purposes.¹ A conviction still produces a permanent criminal record and significant jail exposure, but registration is off the table for that specific offense.

When Sharing the Images Is a Separate Crime

Washington has a distinct statute, RCW 9A.86.010, covering what is commonly called revenge porn. It is a crime to knowingly share an intimate image of another person when you obtained it in circumstances where a reasonable person would understand it was meant to stay private, you know or should know the person has not consented to the disclosure, and you know or should know the disclosure would cause harm.⁵

The two offenses often overlap. Someone who secretly records another person may later distribute what they captured, which can bring charges under both statutes. A first offense of disclosing intimate images is a gross misdemeanor; a repeat offense is a Class C felony.⁵

The “intimate image” definition is broad. It reaches any identifiable photograph, video, or digital image depicting sexual activity or intimate body parts, whether nude or visible through see-through clothing, taken in a private setting and not a matter of public concern.⁵

Voyeurism on Federal Property

If the conduct happened on a military installation, in a national park, or inside a federal building, a federal statute may apply instead of or alongside state law. Under 18 U.S.C. § 1801, it is illegal to intentionally capture an image of someone’s private areas without consent, in circumstances where the person has a reasonable expectation of privacy, within the special maritime and territorial jurisdiction of the United States.⁶

The federal law is narrower than Washington’s. It covers capturing images but does not separately criminalize viewing alone without recording. The maximum federal penalty is one year in prison, a fine, or both, with exemptions for lawful law enforcement, correctional, and intelligence activities.⁶

Common Defenses to a Voyeurism Charge

Prosecutors must prove every element beyond a reasonable doubt. Most defenses attack one of them.

No sexual purpose. First-degree voyeurism requires proof that the viewing or recording was done for sexual arousal or gratification. A camera that incidentally captured someone in a private moment, or a recording made for a non-sexual reason, does not fit. This is often where the real fight happens, because intent is proven circumstantially from placement, angle, and conduct.

Consent or knowledge. Both degrees require that the victim had no knowledge of the recording and did not consent. Shared living arrangements with disclosed cameras, or situations where the person on camera knew about the device, can create real factual disputes.

No reasonable expectation of privacy. The statute only reaches situations where the victim reasonably expected privacy. Photographing someone fully clothed in a public park, with no effort to capture intimate areas, generally will not qualify. Courts look at whether a reasonable person in the same situation would have expected to be free from surveillance.

If You Are the Victim

Get to a safe location first. Then call law enforcement; a prompt report gives officers the best chance of preserving evidence and identifying who was responsible. When you speak with police, give specifics: date, time, location, a description of the person if you saw them, and what you observed.

If you found a hidden camera or received suspicious files, do not delete anything or tamper with the device. Leave the scene undisturbed if you can. Digital evidence is often decisive in these cases, and altering it can undermine both the prosecution and any civil claim.

You can also sue. A voyeurism victim in Washington can file a civil lawsuit for invasion of privacy under the theory of intrusion upon seclusion, which requires showing an intentional intrusion into a private matter that would be highly offensive to a reasonable person. Conduct that meets the criminal voyeurism standard will almost always meet the civil standard. Compensatory damages can cover emotional distress, mental anguish, and humiliation; punitive damages may be available for especially egregious conduct; and a court can issue an injunction ordering the offender to stop distributing or possessing the material.

Washington applies a three-year statute of limitations to most personal injury and privacy claims.⁷ The clock generally starts when the victim discovers or reasonably should have discovered the intrusion, not necessarily when it happened. If you are weighing a civil case, start documenting dates, communications with police, and the emotional and financial impact as early as you can.

1
Washington State Legislature. RCW 9A44115 – Voyeurism
2
Washington State Legislature. RCW 9A20021 – Maximum Sentences for Crimes Committed
3
Washington State Legislature. RCW 994A030 – Definitions
4
Washington State Legislature. RCW 9A44130 – Registration of Sex Offenders and Kidnapping Offenders
5
Washington State Legislature. RCW 9A86010 – Disclosing Intimate Images
6
Office of the Law Revision Counsel. 18 USC 1801 – Video Voyeurism
7
Washington State Legislature. RCW 416080 – Actions Limited to Three Years