North Dakota Video Recording Laws: Surveillance, Filming, and Privacy Rules (2026)

North Dakota places few restrictions on video recording in public spaces. The state has no general statute prohibiting filming people in public, and the wiretapping law under N.D.C.C. § 12.1-15-02 primarily addresses audio interception rather than visual recording. The main protections against invasive video recording come from the intimate images law under N.D.C.C. § 12.1-17-07.2 and common law privacy principles.

This guide explains North Dakota's video recording laws, covering public filming rights, private property rules, intimate image protections, workplace surveillance, and how video evidence is treated in court.

Public Video Recording in North Dakota

Your Right to Film in Public

North Dakota recognizes broad rights to video record in public spaces. You can legally film:

• On public streets, sidewalks, and parks
• At public protests and demonstrations
• During public government meetings under the Open Records and Meetings Law
• At public events and gatherings
• From any location where you have a legal right to be
• Anything visible from a public vantage point

The First Amendment protects your right to gather information in public spaces. Federal courts in the Eighth Circuit, which covers North Dakota, have favorably cited other circuits recognizing the right to record in public.

Limitations on Public Filming

• Military and federal installations may prohibit filming
• Courthouses may restrict recording during judicial proceedings
• You cannot block traffic or pedestrian access while filming
• You cannot trespass to obtain a better angle

Private Property Video Recording

Property Owner Rights

On private property, the owner sets video recording rules. Businesses and homeowners can prohibit filming and ask you to leave. Refusing to leave after being asked may result in trespass charges.

Video Surveillance on Your Own Property

North Dakota homeowners can install video surveillance cameras on their own property without permits or registration. Best practices include positioning cameras to capture your own property and avoiding aiming cameras at neighbors' private areas like bedrooms and bathrooms.

Intimate Images Law: N.D.C.C. § 12.1-17-07.2

What the Law Prohibits

North Dakota's intimate images law under N.D.C.C. § 12.1-17-07.2 makes it a Class A misdemeanor to knowingly distribute intimate images of another person without consent when:

• The images were created under circumstances where the person had a reasonable expectation of privacy
• The distribution causes actual emotional distress to the person depicted
• The distributor knows or should know the person depicted did not consent

Penalties

Offense	Classification	Maximum Penalty
Distribution of intimate images	Class A Misdemeanor	360 days jail, $3,000 fine

What Qualifies as "Intimate Images"

The statute covers photographs, digital images, videos, or visual recordings of a person whose intimate parts are exposed or who is engaged in sexual activity. The images must have been created under circumstances where the person had a reasonable expectation of privacy.

Video Recording and the Wiretap Statute

North Dakota's wiretapping statute under N.D.C.C. § 12.1-15-02 covers "wire or oral communications." Silent video recording does not fall under this statute. Video recording that includes audio follows one-party consent rules for the audio component.

Workplace Video Surveillance

Employer Rights

North Dakota employers can install video cameras in common work areas including lobbies, sales floors, warehouses, parking lots, and hallways. Cameras cannot be placed in bathrooms, locker rooms, or changing areas.

Employee Video Recording

Employees can use personal video recording devices in common work areas. Since the wiretapping statute only covers audio interception with one-party consent applying, employees who record video with audio of conversations they participate in are protected under one-party consent. Company policies may restrict recording.

Using Video Recordings as Evidence

Video recordings made lawfully are generally admissible in North Dakota courts. Authentication, relevance, chain of custody, and the balance between probative value and prejudicial effect are evaluated. Preserve original files without editing, document circumstances, and provide footage to your attorney promptly.

Drone and Aerial Video Recording

Drone operators must comply with FAA regulations. North Dakota has been a leader in drone technology adoption. The state does not have a specific drone privacy statute, so federal FAA rules and general state privacy principles apply. The North Dakota Aeronautics Commission provides guidance on drone operations.

More North Dakota 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

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