North Dakota Recording Laws: Consent Rules and Penalties

Quick Answer

North Dakota is a one-party consent state. You can legally record phone calls and in-person conversations as long as you are a party to the conversation or have consent from at least one participant. The recording must not be made for criminal or unlawful purposes. Violating North Dakota's wiretapping laws is a Class C felony under N.D. Cent. Code 12.1-15-02.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes (if not for criminal purposes)
Must you inform others?	No
Primary Statute	N.D. Cent. Code 12.1-15-02
Criminal Penalty	Class C Felony (up to 5 years, $10,000 fine)
Civil Cause of Action	Not provided under the wiretapping statute

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Understanding North Dakota's Recording Laws

The Legal Foundation

North Dakota's wiretapping and electronic surveillance laws are found in Chapter 12.1-15 of the North Dakota Century Code, titled "Defamation - Interception of Communications." The key statutes governing recording are:

• N.D. Cent. Code 12.1-15-02 - Interception of wire or oral communications and eavesdropping
• N.D. Cent. Code 12.1-15-03 - Traffic in intercepting devices
• N.D. Cent. Code 12.1-15-04 - Definitions of key terms used in the chapter

Under Section 12.1-15-02, it is illegal to intentionally intercept any wire or oral communication using any electronic, mechanical, or other device. However, there is an important exception: a person may record if they are a party to the communication, or if one of the parties has given prior consent, and the recording is not made for the purpose of committing a crime or other unlawful harm.

How the One-Party Consent Exception Works

The statute provides an affirmative defense when:

1. The person recording was a party to the communication, or one of the parties gave prior consent to the recording.
2. The communication was not intercepted for the purpose of committing a crime or other unlawful harm.

Both conditions must be met. This means that even when you are a participant in a conversation, making a recording to facilitate blackmail, extortion, fraud, or any other crime would still violate the law.

Practical Examples

• Recording a conversation with your landlord about a repair dispute: legal
• Recording a meeting at work to document harassment: legal
• Recording a phone call to gather evidence for civil litigation: legal
• Recording someone to use the conversation for blackmail: illegal
• Recording to facilitate fraud or another criminal scheme: illegal

One-Party vs. Two-Party Consent Explained

In a one-party consent state like North Dakota, only one person in the conversation needs to know about and consent to the recording. That person can be you. You do not need to announce "this call is being recorded" or get anyone else's permission.

In contrast, two-party (or all-party) consent states like California require every person in the conversation to agree to be recorded.

Key Definitions Under the Statute

Section 12.1-15-04 of the North Dakota Century Code defines important terms:

• "Oral communication" means any words spoken by a person who exhibits an expectation that the communication is not subject to interception.
• "Wire communication" refers to communications transmitted wholly or partially through wire, cable, or similar connection between origin and reception points.
• "Electronic, mechanical, or other device" covers any device or apparatus capable of intercepting wire or oral communications, excluding standard telephone equipment provided by a carrier.
• "Contents" includes any information about the identity of parties or the existence, substance, or meaning of a communication.

Recording Phone Calls in North Dakota

Can You Record Phone Calls in North Dakota?

Yes. Under N.D. Cent. Code 12.1-15-02, you can record any phone call you are participating in without informing the other party, as long as you are not recording for criminal purposes. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls with audio

The Wireless Communication Question

North Dakota's statute uses the term "wire communication" and defines it as communications transmitted "wholly or partially through wire, cable, or other like connection." Some legal scholars have noted that this language may not clearly cover purely wireless cellular communications.

However, courts broadly interpret wiretapping laws to protect electronic communications. As a practical matter, you should treat cell phone calls the same way you treat landline calls and follow the one-party consent rule for all phone conversations.

Recording Calls Across State Lines

If you are in North Dakota calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana (neighboring state)
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: When calling people in two-party consent states, especially neighboring Montana, either inform them you are recording or get explicit consent before you begin.

Business Call Recording

North Dakota businesses can record calls for quality assurance, training, or compliance. While the law does not require businesses to notify callers, many choose to do so as a best practice. Common methods of obtaining consent include:

• A recorded announcement at the start of the call ("This call may be recorded...")
• Verbal consent before the conversation begins
• A periodic beep tone during the call
• Written consent in service agreements

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in North Dakota when:

• You are participating in the conversation
• You are in a public place where there is no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)
• The recording is not for criminal or unlawful purposes

When Is It Illegal?

Recording is illegal in North Dakota when:

• You are not a party to the conversation and do not have consent from any participant
• You are eavesdropping on a private conversation using a device
• The recording is made for criminal or unlawful purposes, even if you are a participant
• You engage in secret loitering about a building to overhear conversations with intent to repeat them to vex, annoy, or injure others (Class A misdemeanor under Section 12.1-15-02, subsection 2)

What About Recording in Your Own Home?

You can record conversations in your own home if you are participating in them. However, you cannot:

• Plant a hidden device and leave to record others without being present
• Record guests in areas where they have a reasonable expectation of privacy (bathrooms, guest bedrooms)
• Record intimate activities without consent (may violate N.D. Cent. Code 12.1-17-07.2)

North Dakota Video Recording Laws

Public Spaces

North Dakota has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations
• Record interactions with government employees in public settings

Private Property and Privacy

On private property, the property owner sets the rules. North Dakota also has specific laws that address visual recordings and privacy:

• N.D. Cent. Code 12.1-17-07.2 makes it a Class A misdemeanor to knowingly distribute intimate images of another person without their consent, if the images were created under circumstances where the person had a reasonable expectation of privacy and actual emotional distress results.
• Recording someone in a location where they have a reasonable expectation of privacy (such as a bathroom, dressing room, or bedroom) without consent may violate state privacy laws.

If you are recording someone's likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

North Dakota employers can generally record in common work areas where employees do not have a reasonable expectation of privacy. This includes open office areas, lobbies, and warehouse floors. Employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas
• Break rooms designated as private

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR representatives, coworkers, or anyone else at work, as long as you are part of the conversation and are not recording for illegal purposes. Common reasons employees record at work include:

• Documenting harassment or discrimination
• Recording performance reviews or disciplinary meetings
• Protecting yourself in workplace disputes
• Preserving important verbal instructions or agreements

Caution: While recording is legal under North Dakota law, your employer may have internal policies that prohibit recording in the workplace. Violating company policy will not result in criminal charges, but it could lead to disciplinary action or termination.

Recording Police and Government Officials

Can You Record Police Officers in North Dakota?

Yes. Federal courts have broadly recognized a First Amendment right to record law enforcement officers performing their duties in public spaces. While the U.S. Court of Appeals for the Eighth Circuit (which covers North Dakota) has not issued a direct ruling on this right, it has favorably cited other federal appellate courts that have recognized the right to record police activity in public.

In practice, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police officers
• Livestream encounters with law enforcement

Important limitations:

• Do not interfere with police operations
• Do not trespass to get a better angle
• Follow lawful orders to step back to a reasonable distance
• Do not physically obstruct officers in the performance of their duties

Recording Government Meetings

North Dakota's Open Records and Meetings Law (N.D. Cent. Code Chapter 44-04) requires most government meetings to be open to the public. A "meeting" includes any gathering of a quorum of members of a governing body regarding public business, including informal gatherings, work sessions, and electronic participation.

You can record:

• City council meetings
• County commission meetings
• School board meetings
• State legislative proceedings
• Public hearings
• Committee meetings

The North Dakota Attorney General's office provides guidance on open meeting requirements and can address questions about specific situations.

Specific Situations

Can I Record My Landlord in North Dakota?

Yes, if you are part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs or maintenance
• Harassment or threats of illegal entry
• Disputes about lease terms or rent increases
• Evidence for tenant rights cases or small claims court

Keep in mind that the recording must be of a conversation you participate in. You cannot plant a device to record your landlord when you are not present.

Can I Record My Doctor in North Dakota?

Yes, you can record medical appointments you attend. Many patients find this helpful for:

• Remembering complex medical instructions or treatment plans
• Documenting informed consent discussions
• Having an accurate record of diagnoses and prognosis
• Sharing information with family members or caregivers

Some healthcare facilities may have their own policies about recording. While you have a legal right to record under North Dakota law, it is courteous to inform your healthcare provider.

Can I Record DHS Workers?

Yes. Department of Human Services workers are government employees. You can record your interactions with them as long as you are participating in the conversation and not recording for illegal purposes. This right applies to in-person meetings, phone calls, and video conferences.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you are part of. This is common in custody disputes and family law matters. However, there are important considerations:

• Do not record your children's private conversations without being present as a participant
• Do not use children to secretly record the other parent
• Consider how recordings may be viewed by North Dakota family courts
• Recordings used for harassment or intimidation could be considered made for a "criminal purpose," which removes the one-party consent protection
• North Dakota courts have discretion in deciding the weight and admissibility of recordings in family law proceedings

Can I Use a Dashcam in North Dakota?

Yes. Dashcams are legal in North Dakota. There are no specific state laws restricting their use. Keep in mind:

• Mount the camera so it does not obstruct your view of the road
• Audio recording by your dashcam follows the one-party consent rule (you are the consenting party inside your vehicle)
• Dashcam footage can serve as valuable evidence in accident claims and insurance disputes

Using Recordings as Evidence in North Dakota

Are Recordings Admissible in Court?

Recordings made legally under North Dakota's one-party consent law are generally admissible as evidence in both criminal and civil proceedings. Courts will evaluate recordings based on several factors:

• Authentication - Can you prove the recording is genuine and unaltered? Metadata, timestamps, and testimony about when and how the recording was made all help establish authenticity.
• Relevance - Does the recording relate to a matter at issue in the case?
• Hearsay rules - Statements in recordings may be subject to hearsay objections, though many exceptions apply (such as admissions by a party-opponent).
• Prejudicial vs. probative value - A court may exclude a recording if its potential to unfairly influence a jury substantially outweighs its evidentiary value.

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically excluded under the exclusionary rule. The person who made the illegal recording may also face criminal charges.
• Civil cases: Rules can be more flexible, but North Dakota courts may still exclude illegally obtained recordings. Judges weigh the circumstances on a case-by-case basis.

Tips for Making Recordings Admissible

To increase the chances that your recording will be accepted as evidence:

• Use a reliable recording device with clear audio quality
• Do not edit, splice, or alter the recording in any way
• Preserve the original file with its metadata intact
• Note the date, time, location, and parties present when the recording was made
• Store the recording securely and make backup copies

Penalties for Illegal Recording in North Dakota

Criminal Penalties

Violating North Dakota's wiretapping and eavesdropping laws carries serious criminal consequences. Under N.D. Cent. Code 12.1-15-02 and the sentencing provisions of N.D. Cent. Code 12.1-32-01:

Offense	Classification	Maximum Penalty
Intentional interception of wire or oral communication	Class C Felony	Up to 5 years prison, up to $10,000 fine, or both
Intentional disclosure or use of illegally intercepted communication	Class C Felony	Up to 5 years prison, up to $10,000 fine, or both
Secret loitering to eavesdrop with intent to vex, annoy, or injure	Class A Misdemeanor	Up to 360 days jail, up to $3,000 fine, or both
Trafficking in intercepting devices (12.1-15-03)	Class C Felony	Up to 5 years prison, up to $10,000 fine, or both

North Dakota law provides a presumption of probation for Class C felonies, meaning a judge may impose a suspended sentence for first-time offenders. However, the court retains discretion to impose incarceration based on the facts of the case.

Civil Liability

Unlike the federal Wiretap Act (18 U.S.C. 2520) and some other states' laws, North Dakota's wiretapping statute does not include a specific civil cause of action for victims of illegal recording. This means you cannot file a lawsuit directly under the wiretapping statute to recover damages.

However, victims of illegal recording may still pursue other legal remedies, including:

• Invasion of privacy tort claims under North Dakota common law
• Intentional infliction of emotional distress claims
• Negligence claims in certain circumstances
• Protective orders in cases involving harassment or domestic situations

Consult with a North Dakota attorney to evaluate your specific situation and available legal options.

Recent Legal Developments

The North Dakota 69th Legislative Assembly convened its regular session in January 2025 and adjourned sine die later that year. No bills were passed that amended Chapter 12.1-15 or changed the state's recording consent requirements.

The core wiretapping and eavesdropping statutes have remained largely stable for several years. However, the legislature did address related privacy topics during the 2025 session, including a bill (HB 1110) that allows the Public Service Commission to limit public access to records and meeting portions related to investigative and surveillance activities. This law was signed by the Governor on April 18, 2025.

North Dakota residents should monitor future legislative sessions for any proposed changes to recording, privacy, or surveillance laws.

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