§ 13-3732 — Unlawful video recording of law enforcement activity; classification; definition

A. It is unlawful for a person to knowingly make a video recording of law enforcement activity if the person making the video recording is within eight feet of where the person knows or reasonably should know that law enforcement activity is occurring, either receives or has previously received a verbal warning from a law enforcement officer that the person is prohibited from making a video recording of a law enforcement activity within eight feet of the activity and continues to make a video recording of the law enforcement activity within eight feet of the activity. If the law enforcement activity is occurring in an enclosed structure that is on private property, a person who is authorized to be on the private property may make a video recording of the activity from an adjacent room or area that is less than eight feet away from where the activity is occurring, unless a law enforcement officer determines that the person is interfering in the law enforcement activity or that it is not safe to be in the area and orders the person to leave the area.

B. Notwithstanding subsection A of this section, a person who is the subject of police contact may record the encounter if the person is not interfering with lawful police actions, including searching, handcuffing or administering a field sobriety test. The occupants of a vehicle that is the subject of a police stop may record the encounter if the occupants are not interfering with lawful police actions.

C. This section does not establish a right or authorize any person to make a video recording of law enforcement activity.

D. A violation of this section is a class 3 misdemeanor.

E. For the purposes of this section, "law enforcement activity" means any of the following:

1. Questioning a suspicious person.

2. Conducting an arrest, issuing a summons or enforcing the law.

3. Handling an emotionally disturbed or disorderly person who is exhibiting abnormal behavior.