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

North Dakota has no general ban on silent video recording in public spaces. When you add audio to a video of a conversation you are part of, one-party consent under N.D.C.C. § 12.1-15-02 applies. Secretly filming into a place where people expect privacy, or secretly capturing a nude or sexual image of someone without consent, is a crime under N.D.C.C. §§ 12.1-31-14, 12.1-20-12.2, and 12.1-27.1-03.3.

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 are criminal statutes: N.D.C.C. § 12.1-31-14 (secretly recording into a place where people reasonably expect privacy, with intent to intrude, a class B misdemeanor), § 12.1-20-12.2 (the same conduct for sexual gratification, a class A misdemeanor or class C felony), and § 12.1-27.1-03.3 (secretly creating a nude or sexual image without written consent, a class A misdemeanor). The intimate images law under N.D.C.C. § 12.1-17-07.2 covers sharing such images. A civil invasion-of-privacy lawsuit is uncertain, because the North Dakota Supreme Court has not decided whether that claim exists in the state.

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
• Most of what is plainly visible from a public place, but not secret recording into a hotel room, tanning booth, or other place where people reasonably expect privacy (N.D.C.C. § 12.1-31-14 applies even if you stand on public property)

The Eighth Circuit, which covers North Dakota, held in Ness v. City of Bloomington (2021) that photographing and video recording in a public park to inform the public is protected by the First Amendment, though recording unrelated to an expressive purpose may not be. What remains undecided in the Eighth Circuit is whether that protection extends to recording police. The Eighth Circuit has not recognized a clearly established First Amendment right to record police for qualified-immunity purposes; Molina v. Book (8th Cir. 2023) declined to find one. Robbins v. City of Des Moines (8th Cir. 2021) assumed without deciding that the plaintiff had a right to record, said that right is not absolute, and granted the officers qualified immunity because his non-responsive, evasive, and confrontational behavior, combined with what the officers knew about recent crimes in the area, could lead a reasonable officer to suspect he was up to more than simply recording the police. Chestnut v. Wallace (8th Cir. 2020) held that officers could not detain a bystander for watching police from a distance without interfering, a Fourth Amendment ruling; it did not decide whether there is a First Amendment right to record police. Several other circuits have recognized a broader recording right, but that authority is only persuasive, not binding, in North Dakota.

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 the person depicted did not consent to the distribution

Penalties

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.

Federal Law: TAKE IT DOWN Act

The TAKE IT DOWN Act, signed May 19, 2025, creates a federal criminal and platform-removal framework for nonconsensual intimate visual depictions:

• Applies to real and AI-generated intimate images distributed online without consent.
• Requires covered platforms to remove flagged content within 48 hours of notice.
• 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.

This supplements North Dakota's § 12.1-17-07.2 and the civil Chapter 32-49 UCRUDIIA remedy. North Dakota also has a law aimed at sexual deepfakes: since 2025, N.D.C.C. § 12.1-27.1-03.3 covers real, altered, or computer-generated sexual images, making it a class A misdemeanor to secretly create one without written consent or to share one to cause emotional harm or humiliation or after being told the person does not consent, and a class B misdemeanor to pass along one created without consent. An identifiable person depicted who is harmed can sue when the image was produced, possessed, or shared for sexual arousal or gratification, humiliation, degradation, or monetary or commercial gain, for up to $10,000 in statutory damages per defendant. Section 12.1-17-07.2's own definition of an intimate image also includes computer-generated images.

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. No statute lists where an employer may place cameras, but secretly recording into a bathroom, locker room, or changing area where employees expect privacy, with intent to intrude, is a crime under N.D.C.C. § 12.1-31-14, and a more serious one under § 12.1-20-12.2 when done for sexual gratification.

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, unless they record to commit a crime or other unlawful harm. 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. North Dakota has no statute aimed at private drone photography, but chapter 29-29.4 of the Century Code restricts police use of drones (drone information is inadmissible unless obtained with a warrant or under a warrant exception), and the stalking law (N.D.C.C. § 12.1-17-07.1) covers tracking a person with a remotely piloted aircraft. The recording crimes described above apply to drone footage too. 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

Back to North Dakota Recording Laws

More North Dakota Recording Topics

• North Dakota Biometric Privacy Laws
• Surveillance Camera Laws

More North Dakota Laws

• North Dakota AI Meeting Recording Laws
• North Dakota Dashcam Laws
• North Dakota Data Privacy Laws
• North Dakota Deepfake Laws
• North Dakota Employee Monitoring Laws
• North Dakota GPS Tracking Laws
• North Dakota Police Bodycam Laws
• North Dakota Smart Glasses Recording Laws

Frequently Asked Questions

Is it legal to video record someone in North Dakota without their knowledge?

In public spaces, generally yes. North Dakota has no general prohibition on video recording in public, but secretly filming into a place where people expect privacy is a crime even from public property. On private property, the property owner sets the rules. Secretly recording someone nude or in a private place can be charged under N.D.C.C. 12.1-31-14, 12.1-20-12.2, or 12.1-27.1-03.3; sharing an intimate image without consent is a separate crime under 12.1-17-07.2.

Does North Dakota have a revenge porn law?

Yes. N.D.C.C. § 12.1-17-07.2 makes unauthorized distribution of intimate images a Class A misdemeanor punishable by up to 360 days in jail and a $3,000 fine, when the images were taken where the person had a privacy expectation and distribution causes emotional distress.

Can I film on private property in North Dakota?

Only with the property owner's permission. Property owners can prohibit filming and ask you to leave. On your own property, you can install security cameras as long as they do not record private areas of neighboring properties.

Can my employer put cameras in the workplace in North Dakota?

Yes, in common work areas like lobbies, sales floors, and parking lots. No statute lists forbidden locations, but secretly recording into bathrooms, locker rooms, or changing areas with intent to intrude on privacy is a crime under N.D.C.C. 12.1-31-14. There is no state law requiring employers to notify employees about workplace cameras.

Can video recordings be used as evidence in North Dakota courts?

Yes. Lawfully obtained video recordings are generally admissible. The recording must be authenticated and relevant, other evidence rules can still apply, and under N.D.R.Ev. 403 a court may exclude it if its probative value is substantially outweighed by the danger of unfair prejudice or similar concerns.