What is the criminal defense for unauthorized home surveillance installations in Georgia?
There’s no offense by that name. Installing a camera or recorder in someone else’s home would be charged under O.C.G.A. § 16-11-62, and the defense depends on who lived there, who consented, and where the device was aimed.
| Scenario | Key provision | Main question |
|---|---|---|
| Camera in a bedroom of a shared home | § 16-11-62(2) | Was everyone observed consenting? Was the room private? |
| Doorbell camera at one's own home | § 16-11-62(2)(C) | Within the curtilage, for security or crime prevention? |
| Device placed on another's premises | § 16-11-62(3) | Entered for the purpose of secretly observing? |
| GPS on a partner's car | § 16-11-62(8) | Clandestine, and a protective order exists? |
| Audio device in a shared living room | § 16-11-62(1), (4) | Was a party to the talk present or consenting? |
Co-owners and spouses bring up a real dispute. A person’s right to be in the house doesn’t by itself authorize secretly watching others there. A person’s security purpose, if honest, may support the exception in (2)(C). The exception says the recording may be disclosed to police and is admissible. Images taken in the curtilage aren’t the same as images inside a bathroom.
Evidence may come from the device or its cloud account, and those searches need valid warrants under § 17-5-30. Intent matters: forgotten cameras, or cameras placed to watch a nanny, raise different facts than a hidden lens.
Punishment is 1 to 5 years, a fine up to $10,000, or both, § 16-11-69. A protective order or family case may run alongside this, and statements in it can affect the criminal one.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.