Montana

Montana Video Recording Laws: Consent Rules, Surveillance, and Penalties (2026)

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202610 min read

In Montana, silent video recording in public is generally lawful under the First Amendment and falls outside MCA 45-8-213. Video that captures audio requires all-party knowledge under MCA 45-8-213. Secret filming in private settings where people have a reasonable expectation of privacy is prohibited by MCA 45-5-223.

Montana does not have a single comprehensive video recording statute. Instead, video recording is governed by a combination of the privacy in communications law (MCA 45-8-213), the surreptitious visual observation statute (MCA 45-5-223), and constitutional privacy protections under Article II, Section 10 of the Montana Constitution.

The legal analysis depends on two key factors: whether the video captures audio, and whether the recording takes place in a public or private setting. Understanding these distinctions is critical for anyone using cameras, smartphones, or surveillance equipment in Montana.

Video Recording With Audio vs. Without Audio

The most important distinction in Montana video recording law is whether the recording captures sound.

Silent Video Recording

Silent video recording (no audio) is generally not covered by MCA 45-8-213 because that statute specifically addresses the recording of "a conversation" using a hidden device. Where there is no audio capture of human conversation, the communications statute does not apply.

Silent video recording in public spaces is protected activity under the First Amendment. Courts, including the Ninth Circuit Court of Appeals (which covers Montana), have recognized a constitutional right to record matters of public interest in public places.

However, even silent video recording can violate MCA 45-5-223 if it involves secret filming in private locations or captures intimate images of individuals who have a reasonable expectation of privacy.

Video Recording With Audio

When video recording also captures audio of a private conversation, the full weight of MCA 45-8-213 applies. The recording is treated the same as an audio-only recording: all parties must have knowledge of the recording, or the warning exception must be invoked.

In practice, this means that turning on a video camera in a private setting where conversations are taking place requires either:

A warning to all parties that the recording is happening (satisfying MCA 45-8-213(2)(c)), or
The recording involves a public official performing official duties or a public meeting (other statutory exceptions).

Surreptitious Visual Observation: MCA 45-5-223

Montana lapel microphone clipped to a charcoal blazer

Montana hand reaching toward a wall-mounted intercom speaker panel, a blurred apartment lobby behind

Montana's MCA 45-5-223 addresses secret visual recording and observation. This statute is separate from the communications law and applies even when no audio is captured.

What the Law Prohibits

Under MCA 45-5-223, a person commits the offense of surreptitious visual observation or recordation if the person knowingly or purposely:

Observes or photographs another person without the person's knowledge or consent while the person is in a place where they have a reasonable expectation of privacy.
Secretly films or photographs the intimate parts of another person without their knowledge or consent in any place where they have a reasonable expectation of privacy regarding those body parts.

Reasonable Expectation of Privacy

The statute specifically applies in locations where a person would reasonably expect privacy, such as:

Bedrooms and bathrooms in private residences
Changing rooms and fitting rooms in retail stores
Restrooms in any facility
Hotel and motel rooms
Locker rooms and shower areas
Any other location where a person is in a state of undress and reasonably expects they are not being observed

Penalties for Surreptitious Visual Observation

First offense: Misdemeanor, punishable by up to 6 months in jail and a $500 fine
The statute does not contain the same graduated penalty structure as MCA 45-8-213, but prosecutors may pursue additional charges under other statutes for repeat offenders

Video Recording in Public Spaces

Montana smartphone showing a clean audio waveform on a wooden surface

Recording video in public spaces in Montana is generally lawful, with some important caveats.

First Amendment Protections

The First Amendment to the U.S. Constitution protects the right to record in public places. This includes recording:

Streets, sidewalks, parks, and other public areas
Government buildings (common areas accessible to the public)
Public events, protests, and demonstrations
Interactions with public officials performing official duties

The Ninth Circuit, which has jurisdiction over Montana, has recognized these recording rights in multiple decisions.

Limitations on Public Recording

Even in public spaces, certain recording activities may be restricted:

Recording that interferes with law enforcement operations can result in obstruction charges, although the act of recording itself is not interference.
Recording in areas with restricted access (military installations, certain government facilities) may be prohibited by federal or state regulations.
Video recording that captures audio of private conversations in public still triggers MCA 45-8-213 if a hidden device is used. For example, placing a hidden camera with a microphone to capture a conversation at a restaurant table would violate the statute, even though the restaurant is a public place.

Video Surveillance on Private Property

Montana folded pair of smart glasses resting on a wooden desk beside a closed notebook, soft daylight

Property owners in Montana have broad rights to install video surveillance on their own property, subject to certain restrictions.

What Property Owners May Do

Install security cameras on the exterior of their property
Record video of common areas within a business
Use video doorbells and similar devices
Monitor driveways, parking lots, and entryways

Restrictions on Private Property Surveillance

Cameras must not be placed in areas where individuals have a reasonable expectation of privacy (bathrooms, changing rooms, bedrooms occupied by guests or tenants)
If cameras capture audio, the all-party knowledge requirement of MCA 45-8-213 applies
MCA 45-5-223 prohibits secret visual observation of persons in private spaces, even on the property owner's own premises
Montana's constitutional right to privacy (Article II, Section 10) may provide additional protections for individuals recorded on someone else's property

Signage and Notice

While Montana does not have a specific statute requiring signage for video surveillance, posting visible signs serves several purposes:

It may satisfy the "knowledge" requirement under MCA 45-8-213 if the cameras also capture audio
It reduces the risk of civil liability for invasion of privacy claims
It aligns with Montana's constitutional privacy values by providing transparency

Non-Consensual Intimate Images: 2025 Amendment

The 2025 amendment to MCA 45-8-213 added important provisions addressing video recordings of an intimate nature.

What the Amendment Covers

Under new subsections (1)(d) and (1)(e), it is a criminal offense to:

Publish, distribute, or disclose real or digitally fabricated (including AI-generated) photographs, images, or videos of an identifiable person without consent, with the purpose to terrify, intimidate, threaten, harass, or injure, if the images show intimate body parts or sexual activity.
Possess and threaten to disclose such images to obtain money or other valuable consideration.

AI-Generated Content

The statute specifically defines "digitally fabricated" to include media created using artificial intelligence that realistically misrepresents a person as engaging in conduct they did not actually engage in. This places Montana among the growing number of states addressing deepfake pornography.

Penalties

First offense: Misdemeanor
Second or subsequent offense: Felony, up to 5 years in prison and a $25,000 fine

Exceptions

The law includes exceptions for voluntary public exposure, disclosures in the public interest (including reporting unlawful conduct), law enforcement activities, legal proceedings, medical treatment, and educational or scientific materials.

Drone Video Recording

Montana has addressed drone (unmanned aircraft system) recording through MCA 45-8-215, which restricts the use of drones for surveillance purposes.

Drone Surveillance Restrictions

Under Montana law:

Using a drone to conduct surveillance of any person in a location where that person has a reasonable expectation of privacy is restricted without the person's written consent or a valid search warrant.
Information obtained through unlawful drone surveillance is generally inadmissible in court proceedings.
Law enforcement use of drones is subject to additional restrictions and warrant requirements.

Federal Aviation Administration Rules

Drone operators in Montana must also comply with Federal Aviation Administration (FAA) regulations, including registration requirements, altitude restrictions, and airspace rules. These federal rules apply in addition to Montana's state-level privacy restrictions.

Recording in the Workplace

Video recording in Montana workplaces raises issues under both state recording law and employment law.

Employer Video Surveillance

Employers may generally install visible security cameras in common areas of the workplace (hallways, lobbies, production floors). However:

Cameras in restrooms, locker rooms, or changing areas violate MCA 45-5-223
Audio-enabled cameras trigger MCA 45-8-213, requiring employee knowledge or warning
Montana is the only state with the Wrongful Discharge from Employment Act (WDEA), codified at MCA 39-2-901 through 39-2-915, which may be relevant if recording disputes lead to termination

Employee Video Recording

Employees who wish to record in the workplace should:

Provide a verbal warning if capturing audio
Be aware that employer policies may prohibit recording even when state law permits it
Understand that violating a workplace recording policy may result in discipline, though Montana's WDEA provides more protections against wrongful termination than most states

Admissibility of Video Evidence

Video recordings are generally admissible in Montana courts if they were obtained lawfully. Key considerations include:

Video obtained in violation of MCA 45-8-213 (hidden audio recording without knowledge) is inadmissible
Video obtained in violation of MCA 45-5-223 (surreptitious visual observation) may face admissibility challenges
Properly obtained video evidence must still satisfy rules of authentication and relevance under the Montana Rules of Evidence

TAKE IT DOWN Act (Federal, May 19 2026)

The TAKE IT DOWN Act, signed May 19, 2026, criminalizes publishing non-consensual intimate images (NCII) online, including AI-generated deepfakes, without the subject's consent. Online platforms must remove flagged content within 48 hours of a valid takedown request. The Act creates federal criminal liability and a civil enforcement mechanism.

For video recordings, the TAKE IT DOWN Act provides a federal takedown and enforcement layer that works alongside Montana's MCA 45-8-213(1)(d)/(1)(e) intimate-image provisions and MCA 45-5-223. Where a video recording is used to create or distribute NCII, all three frameworks may apply simultaneously in Montana.

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Frequently Asked Questions

Is it legal to record video in public in Montana?

Yes. Recording video in public spaces is generally protected under the First Amendment. Montana law does not prohibit video recording in public areas like streets, parks, and government buildings. However, if the video also captures audio of a private conversation using a hidden device, MCA 45-8-213 applies. Additionally, MCA 45-5-223 prohibits recording people in situations where they have a reasonable expectation of privacy, even in semi-public locations like restrooms.

Can I install security cameras on my property in Montana?

Yes. Property owners may install video surveillance cameras on their own property. Cameras should not be placed in locations where people have a reasonable expectation of privacy, such as bathrooms or guest bedrooms. If cameras capture audio, you must satisfy the all-party knowledge requirement of MCA 45-8-213, which can be met by posting visible signs warning that recording is taking place.

Does Montana's recording law apply to silent video?

MCA 45-8-213 specifically covers recordings of conversations using hidden devices, so silent video does not trigger that statute. However, MCA 45-5-223 separately prohibits surreptitious visual observation and recording of people in private settings. Silent video recording can violate this separate statute if it captures people where they have a reasonable expectation of privacy.

What are the penalties for illegal video recording in Montana?

Penalties depend on which statute is violated. Under MCA 45-8-213 (hidden audio/video recording of conversations), a first offense is a misdemeanor with up to 6 months in jail and a $500 fine, with felony penalties for repeat offenses. Under MCA 45-5-223 (surreptitious visual observation), a first offense is a misdemeanor with similar penalties. The 2025 amendment adds felony penalties of up to 5 years and $25,000 for repeat distribution of non-consensual intimate images.

Can I use a drone to record video in Montana?

Drone [video recording in Montana is subject to MCA 45-8-215, which restricts using drones to conduct surveillance of any person in a location where they have a reasonable expectation of privacy. Written consent](/is-it-illegal-to-video-record-someone-without-their-consent) or a valid search warrant is generally required for such surveillance. Drone operators must also comply with Federal Aviation Administration regulations regarding registration, altitude limits, and airspace restrictions.

Sources and References

Montana Code Annotated 45-8-213 - Privacy in Communications(leg.mt.gov).gov
Montana Code Annotated 45-5-223 - Surreptitious Visual Observation or Recordation(leg.mt.gov).gov
Montana Constitution Article II, Section 10 - Right of Privacy(leg.mt.gov).gov
Montana Code Annotated 45-8-215 - Use of Unmanned Aerial Vehicle(leg.mt.gov).gov
Federal Aviation Administration - Unmanned Aircraft Systems(faa.gov).gov
18 U.S.C. 2511 - Federal Wiretap Act(law.cornell.edu)
Montana Code Annotated 45-8-213 - Privacy in Communications(mca.legmt.gov).gov
Montana Code Annotated 45-5-223 - Surreptitious Visual Observation or Recordation(mca.legmt.gov).gov
Montana Constitution Article II, Section 10 - Right of Privacy(mca.legmt.gov).gov
Montana Code Annotated 45-8-215 - Use of Unmanned Aerial Vehicle(mca.legmt.gov).gov