Montana

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

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

Montana law makes it a crime to secretly observe or record another person in a place where they have a reasonable expectation of 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. The 2025 legislative session also added significant new protections 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.

Under the first part of the statute, a person commits an offense if they knowingly or purposely observe or photograph another person without that person's knowledge or consent while the person is in a place where they have a reasonable expectation of privacy.

This provision covers:

Peeping through windows of a residence
Installing hidden cameras in bedrooms, bathrooms, or other private spaces
Using any device to observe someone who reasonably believes they are not being watched
Photographing someone in a private setting without their knowledge

Recording Intimate Body Parts

The second part of the statute specifically addresses recording or photographing intimate body parts. It is illegal to knowingly or purposely photograph, film, or record 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.

"Intimate parts" under Montana law includes:

Genitals
Buttocks
The female breast below the top of the areola

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 consent 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. Courts evaluate this on a case-by-case basis, considering the totality of the circumstances.

Locations With a Clear Expectation of Privacy

The following locations carry a strong presumption that individuals have a reasonable expectation of privacy:

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:

Up to 6 months in the county jail
A fine of up to $500
Or both jail time and a fine

While the statute does not contain its own graduated penalty structure for repeat offenses, prosecutors may pursue enhanced charges under other statutes. Repeat offenders may also face harsher sentences under Montana's general sentencing guidelines.

Sex Offender Registration

Depending on the circumstances and the nature of the offense, a conviction under MCA 45-5-223 may trigger sex offender registration requirements under MCA Title 46, Chapter 23, Part 5. This is determined on a case-by-case basis and is more likely when the victim is a minor or when the offense involves particularly invasive conduct.

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
Intentional infliction of emotional distress
Negligence claims against property owners who fail to prevent hidden camera installation

Non-Consensual Intimate Images: The 2025 Amendment

Montana window blinds partially closed with sunlight filtering through the slats

The 2025 amendment to MCA 45-8-213 significantly expanded protections against non-consensual intimate image distribution. While the original voyeurism statute (MCA 45-5-223) addressed the act of recording, the 2025 amendment addresses what happens after images are captured.

New Subsection (1)(d): Distribution Offense

It is now 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 2025 amendment 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
Tenants must be informed of any cameras that could capture their activities in common areas
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
Constitutional privacy claims under Article II, Section 10
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

Employers may never place 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) provides stronger protections than states that rely solely on statutory law
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 2026)

The TAKE IT DOWN Act, signed May 19, 2026, is the most significant recent federal development in the non-consensual intimate image (NCII) space. 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 both criminal liability and a federal civil right of action.

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 2025 NCII amendment). 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.

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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 offense also involves distributing non-consensual intimate images under the 2025 amendment to MCA 45-8-213, a second or subsequent offense is a felony carrying up to 5 years in prison and a $25,000 fine. Depending on the circumstances, sex offender registration may also be required.

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

Yes. Installing a hidden camera in someone's home without their knowledge or consent 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. The 2025 amendment to MCA 45-8-213 specifically criminalizes the distribution of non-consensual intimate images, including 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 consent (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 civil claims for invasion of privacy and constitutional privacy violations under Article II, Section 10 of the Montana Constitution. You may have grounds to terminate your lease based on the landlord's violation of your right to quiet enjoyment.

Sources and References

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

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

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