EnglishEspañol
Recording LawsCriminal LawMontana Laws flagMontana Laws
Montana flag

Montana

Montana Voyeurism Laws: Hidden Cameras, Peeping, and Penalties (2026)

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202610 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 10 primary sources cited on this page. How we verify our legal content

Montana Voyeurism Laws: Hidden Cameras, Peeping, and Penalties (2026)

Montana law makes it a crime to surreptitiously observe or record a person in or near their residence, and to record another person's sexual or intimate parts in a public place without that person's knowledge when they reasonably expect privacy. Under Mont. Code Ann. 45-5-223, a first offense is a misdemeanor carrying up to six months in jail and a $500 fine.

Montana addresses voyeurism and hidden camera offenses through multiple statutes that work together to protect individual privacy. The primary voyeurism law is MCA 45-5-223 (surreptitious visual observation or recordation), while the broader privacy in communications statute (MCA 45-8-213) covers hidden recording devices that capture audio. A 2025 amendment to MCA 45-8-213 also strengthened Montana's existing law against non-consensual intimate image distribution.

These laws protect Montana residents from unauthorized surveillance, hidden camera recording, and the distribution of intimate images taken without consent. Understanding the scope of these protections is important for residents, property owners, landlords, and employers.

MCA 45-5-223: Surreptitious Visual Observation or Recordation

MCA 45-5-223 is Montana's dedicated voyeurism statute. It addresses two distinct categories of prohibited conduct.

Observing or Photographing Without Knowledge

Under the first part of the statute, a person commits an offense if they knowingly or purposely hide, wait, or otherwise loiter in person or by remote electronic device within or in the vicinity of a private dwelling house, apartment, or other place of residence, for the purpose of watching, gazing at, or electronically observing or recording an occupant of that residence without the occupant's knowledge. This prong is residence-specific: by its own text, it does not reach general observation or filming in a non-residential space such as a hotel room, business restroom, or locker room.

This provision covers:

  • Peeping through windows of a residence
  • Installing hidden cameras in bedrooms, bathrooms, or other private spaces inside a dwelling
  • Loitering near a residence to watch or electronically observe an occupant who reasonably believes they are not being watched
  • Photographing an occupant of a residence without their knowledge

Recording Intimate Body Parts

The second part of the statute addresses recording or photographing intimate body parts specifically, and it applies regardless of whether the location is a residence. It is illegal to knowingly or purposely observe or record the sexual or intimate parts of another person in a public place without their knowledge when they have a reasonable expectation of privacy. The element is lack of knowledge, not lack of consent. General (non-intimate-parts) filming in a non-residential private space, such as a hotel room or business restroom, may fall outside both prongs of this specific statute even though it may be independently actionable under other privacy law.

Montana's voyeurism statute, MCA 45-5-223, does not itself define "intimate parts," and no general Montana definitions statute (MCA 45-2-101, MCA 45-5-504) supplies one either. The closest statutory analog is Montana's separate non-consensual intimate image law, MCA 45-8-213(1)(d), which covers images showing "the visible genitals, anus, buttocks, or female breast if the nipple is exposed."

This provision applies regardless of the setting. Even in a semi-public location like a gym or pool, recording intimate body parts of another person without their knowledge violates the statute if the person has a reasonable expectation of privacy regarding those specific body parts.

What Constitutes a "Reasonable Expectation of Privacy"?

Montana infrared led glow visible through a smartphone camera screen held up in a dark r

The concept of a reasonable expectation of privacy is central to Montana's voyeurism laws, but it applies differently to the statute's two prongs: the residence-observation prong is limited to a private dwelling regardless of what is recorded, while the public-place prong turns on whether the person had a reasonable expectation of privacy specifically in their sexual or intimate parts, wherever that place happens to be.

Locations With a Clear Expectation of Privacy

A person retains a reasonable expectation of privacy regarding their sexual or intimate parts specifically (triggering MCA 45-5-223's public-place prong if those parts are recorded) in the following locations, and residences additionally trigger the statute's separate observation prong regardless of what is recorded:

  • Private residences (bedrooms, bathrooms, living areas)
  • Hotel and motel rooms
  • Restrooms in any facility (public or private)
  • Changing rooms and fitting rooms in retail stores
  • Locker rooms and showers in gyms, pools, and schools
  • Hospital rooms and medical examination areas
  • Tanning booths and spa rooms

Locations With Limited or No Expectation of Privacy

In the following locations, a person generally has a reduced or no expectation of privacy:

  • Public streets, sidewalks, and parks
  • Retail sales floors and other areas open to the general public
  • Common areas of commercial buildings (lobbies, hallways)
  • Public events and gatherings

Gray Areas

Some locations fall into a middle ground where the expectation of privacy depends on the specific circumstances:

  • Offices and cubicles: Employees may have a limited expectation of privacy, depending on employer policies
  • Vehicles: Occupants generally have some expectation of privacy, but visibility from outside reduces it
  • Backyards with fencing: The level of privacy depends on the height of the fence and visibility from neighboring properties

Penalties for Voyeurism in Montana

Montana apartment intercom panel with a camera lens beside the call button

Criminal Penalties Under MCA 45-5-223

A first offense under Montana's surreptitious visual observation statute is a misdemeanor punishable by:

Montana voyeurism penalties rise from up to 6 months in jail and a $500 fine for a first offense to up to 5 years and $10,000 for a third, and repeat intimate-image sharing carries up to $25,000.
Penalties for secret observation or recording climb with each conviction; repeat sharing of intimate images is a felony.
  • Up to 6 months in the county jail
  • A fine of up to $500
  • Or both jail time and a fine

MCA 45-5-223(4) contains its own graduated penalty structure for repeat offenses: a second conviction carries up to 1 year in jail and a $1,000 fine, and a third or subsequent conviction carries up to 5 years in prison and a $10,000 fine.

Sex Offender Registration

A conviction under MCA 45-5-223 alone does not require sex offender registration, because it is not one of the "sexual offenses" listed in MCA 46-23-502 (part of the registration law in MCA Title 46, Chapter 23, Part 5). Conduct involving a minor may instead be charged under a listed offense, such as sexual abuse of children (MCA 45-5-625), which does carry registration.

Civil Remedies

Victims of voyeurism in Montana can pursue civil claims, including:

  • Invasion of privacy (common law tort)
  • Constitutional privacy claims under Article II, Section 10 of the Montana Constitution, but only against government actors: the provision restricts government intrusions and is not a separate basis for suing a private individual
  • Intentional infliction of emotional distress
  • Negligence claims against property owners who fail to prevent hidden camera installation

Non-Consensual Intimate Images and the 2025 Amendment

Montana window blinds partially closed with sunlight filtering through the slats

While the voyeurism statute (MCA 45-5-223) addresses the act of recording, MCA 45-8-213 addresses what happens after images are captured. Montana has made it a crime since before 2025 to distribute intimate images of an identifiable person without consent in order to harass or injure them. A 2025 amendment extended that offense to AI-generated ("digitally fabricated") images and to disclosures made to obtain money, added a new sextortion offense in subsection (1)(e), and made a second conviction under either subsection a felony.

Subsection (1)(d): Distribution Offense

As amended in 2025, 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, injure, or obtain money, if the images show:

  • Visible genitals, anus, buttocks, or exposed female breast
  • The person engaged in a real or simulated sexual act

New Subsection (1)(e): Possession With Threats

It is also illegal to possess and threaten to disclose such images (real or digitally fabricated) for the purpose of obtaining money or other valuable consideration.

Penalties for Intimate Image Offenses

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

AI-Generated Deepfakes

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 makes Montana one of the growing number of states to address deepfake pornography in its criminal code.

Exceptions

The distribution offense includes exceptions for:

  • Voluntary public exposure
  • Disclosures in the public interest, including reporting unlawful conduct
  • Law enforcement activities
  • Legal proceedings
  • Medical treatment
  • Historic, artistic, scientific, or educational materials

Hidden Cameras in Rental Properties

Hidden cameras in rental properties present particular legal concerns in Montana. A landlord who installs a hidden camera inside a tenant's dwelling violates both MCA 45-5-223 and potentially MCA 45-8-213 (if the camera captures audio).

Landlord Obligations

  • Landlords may not install hidden cameras inside rental units
  • Exterior security cameras on the property are generally permissible if they do not capture the interior of tenant living spaces
  • Landlords should tell tenants about cameras in common areas, and a hidden device that records conversations there violates MCA 45-8-213 unless the people recorded are given warning
  • If a tenant discovers a hidden camera, they should report it to law enforcement immediately

Tenant Remedies

Tenants who discover hidden cameras may pursue:

  • Criminal charges under MCA 45-5-223
  • Civil invasion of privacy claims
  • Lease termination based on the landlord's violation of the implied warranty of habitability and quiet enjoyment

Hidden Cameras in the Workplace

Workplace hidden cameras in Montana raise issues under both criminal law and employment law.

Prohibited Locations

A camera that captures an employee's sexual or intimate parts in any of the following areas violates MCA 45-5-223's public-place prong, though the statute's text does not clearly reach a camera in these spaces that captures no intimate footage. Employers should still avoid placing cameras, hidden or visible, in:

  • Restrooms
  • Locker rooms and changing areas
  • Break rooms that double as changing areas
  • Any other location where employees have a reasonable expectation of privacy regarding their bodies

Permitted Surveillance

Employers may use video surveillance in:

  • Common work areas (with appropriate notice to employees)
  • Entrances and exits
  • Parking lots and loading docks
  • Point-of-sale areas

Employment Law Considerations

Montana is the only state with the Wrongful Discharge from Employment Act (MCA 39-2-901 through 39-2-915), which provides employees with protections against termination except for good cause. If a workplace recording dispute leads to an employee's termination, the WDEA may provide additional legal protections not available in other states.

Upskirting and Downblousing

Montana's voyeurism statute specifically addresses the recording of intimate body parts. "Upskirting" (photographing under a person's clothing) and "downblousing" (photographing down a person's neckline) are criminal offenses under MCA 45-5-223 because they involve recording intimate body parts of a person who has a reasonable expectation of privacy regarding those body parts.

This applies in all settings, including public places. Even though a person standing on a public sidewalk has a reduced general expectation of privacy, they still have a reasonable expectation that their intimate body parts concealed by clothing will not be photographed or recorded.

How Montana Compares to Other States

Montana's approach to voyeurism law has several distinctive features:

  • Constitutional privacy protection: Montana's explicit constitutional right to privacy (Article II, Section 10) gives strong protection against government surveillance; against private voyeurs, victims rely on the criminal statutes and the common-law privacy tort
  • Separate statutes: Montana uses two separate statutes (MCA 45-5-223 for visual observation and MCA 45-8-213 for communications) rather than a single comprehensive surveillance law
  • Deepfake coverage: The 2025 amendment places Montana among states that specifically criminalize AI-generated intimate images
  • WDEA protections: Montana's unique employment law provides additional context for workplace surveillance disputes

TAKE IT DOWN Act (Federal, May 19 2025)

The TAKE IT DOWN Act, signed May 19, 2025 (Pub. L. 119-12), is the most significant recent federal development in the non-consensual intimate image (NCII) space. Its one-year platform-compliance deadline of May 19, 2026 has now passed. The Act criminalizes publishing NCII -- including AI-generated deepfakes -- online without the depicted person's consent, and requires covered platforms to remove flagged content within 48 hours of receiving a valid takedown request. It creates federal criminal liability, and the Federal Trade Commission enforces the platform takedown duty. It does not create a right to sue; a separate federal law, 15 U.S.C. 6851, lets a person sue over the nonconsensual disclosure of intimate images.

For voyeurism and hidden-camera victims in Montana, the TAKE IT DOWN Act provides a federal enforcement layer that complements MCA 45-5-223 (surreptitious visual observation) and MCA 45-8-213(1)(d)/(1)(e) (the intimate-image provisions, as amended in 2025). A person who surreptitiously records someone in a private setting and then publishes that content online may face simultaneous prosecution under Montana's voyeurism statute, Montana's NCII statute, and the TAKE IT DOWN Act.

More Montana Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

Back to Montana Recording Laws

More Montana Recording Topics

More Montana Laws

Frequently Asked Questions

What is the penalty for voyeurism in Montana?

A first offense under MCA 45-5-223 is a misdemeanor punishable by up to 6 months in jail and a $500 fine. If the conduct also involves distributing non-consensual intimate images under MCA 45-8-213(1)(d), a second or subsequent conviction is, since a 2025 amendment, a felony carrying up to 5 years in prison and a $25,000 fine. A conviction under MCA 45-5-223 alone does not require sex offender registration, because it is not on the list of registrable offenses in MCA 46-23-502.

Is it illegal to install a hidden camera in someone's home in Montana?

Yes. Installing a hidden camera in someone's home to record them without their knowledge violates MCA 45-5-223. Persons in their homes have a clear reasonable expectation of privacy. If the hidden camera captures audio, MCA 45-8-213 is also violated. Both criminal penalties and civil remedies are available to victims.

Does Montana law address revenge porn and deepfakes?

Yes. MCA 45-8-213 criminalizes distributing non-consensual intimate images, and a 2025 amendment extended it to AI-generated deepfakes. A first offense is a misdemeanor, and a second or subsequent offense is a felony with up to 5 years in prison and a $25,000 fine. The law covers both real images and digitally fabricated content created using artificial intelligence.

Can I take photos of people in public in Montana?

Generally, yes. Photography in public spaces is protected by the First Amendment. However, photographing intimate body parts of another person without their knowledge (such as upskirting) violates MCA 45-5-223 even in public settings. The key factor is whether the person has a reasonable expectation of privacy regarding the specific body parts being photographed.

What should I do if I find a hidden camera in my rental unit in Montana?

Report it to law enforcement immediately. A hidden camera in a rental unit violates MCA 45-5-223 and potentially MCA 45-8-213 if it captures audio. You may also pursue a civil claim for invasion of privacy. Montana's constitutional right of privacy (Article II, Section 10) restricts government intrusions and is not a separate basis for suing a private landlord. You may have grounds to terminate your lease based on the landlord's violation of your right to quiet enjoyment.

Updates

We clarified that Montana's constitutional privacy right protects against government surveillance rather than private voyeurs, and corrected a statement that presented telling tenants about common-area cameras as a legal duty.

We corrected this page to explain that a conviction under Montana's voyeurism statute alone does not require sex offender registration, that the offense turns on the victim's lack of knowledge rather than consent, that Montana criminalized intimate-image distribution before the 2025 amendment, that the federal TAKE IT DOWN Act creates no right to sue, and that civil claims against private people rest on the common-law privacy tort rather than the state constitution.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the TAKE IT DOWN Act's signing date and rewrote the description of Montana's voyeurism statute to reflect its actual two-prong scope: general secret observation is limited to residences, while non-residential locations like hotel rooms and business restrooms are covered only when sexual or intimate parts are recorded.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected a claim that Montana's voyeurism statute lacks its own repeat-offense penalty structure; MCA 45-5-223(4) escalates penalties on a second and third-or-subsequent conviction.

Removed an unsourced list defining 'intimate parts' under the voyeurism statute; MCA 45-5-223 does not define the term, so the section now points to the closest actual Montana statutory language (the separate NCII law, MCA 45-8-213(1)(d)).

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Montana Code Annotated 45-5-223 - Surreptitious Visual Observation or Recordation(leg.mt.gov).gov
  2. Montana Code Annotated 45-8-213 - Privacy in Communications(leg.mt.gov).gov
  3. Montana Constitution Article II, Section 10 - Right of Privacy(leg.mt.gov).gov
  4. Montana Sexual and Violent Offender Registration - Title 46, Chapter 23, Part 5(leg.mt.gov).gov
  5. Montana Wrongful Discharge from Employment Act - MCA 39-2-901 to 39-2-915(leg.mt.gov).gov
  6. Montana Code Annotated 45-5-223 - Surreptitious Visual Observation or Recordation(mca.legmt.gov).gov
  7. Montana Code Annotated 45-8-213 - Privacy in Communications(mca.legmt.gov).gov
  8. Montana Constitution Article II, Section 10 - Right of Privacy(mca.legmt.gov).gov
  9. Montana Sexual and Violent Offender Registration - Title 46, Chapter 23, Part 5(mca.legmt.gov).gov
  10. Montana Wrongful Discharge from Employment Act - MCA 39-2-901 to 39-2-915(mca.legmt.gov).gov
Share: