North Dakota

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

By Recording Law Editorial TeamPublished March 24, 2026Reviewed May 15, 20266 min read

North Dakota allows silent video recording in public spaces without restriction. 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. Recording intimate images in private places without consent violates state law.

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

North Dakota closed laptop with a small adhesive webcam cover slider visible on the bezel

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

North Dakota vintage brass desk bell on a dark green leather desk mat

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.

Federal Law: TAKE IT DOWN Act

North Dakota two chairs across a round table in an office meeting room

The TAKE IT DOWN Act, signed May 19, 2025, creates a federal criminal and civil 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.
Creates a federal civil cause of action for victims.

This supplements North Dakota's § 12.1-17-07.2 and the civil Chapter 32-49 UCRUDIIA remedy. For AI-generated intimate images specifically, the TAKE IT DOWN Act's "computer or computer-generated image" coverage aligns with the explicit AI hook already in § 12.1-17-07.2's definition of intimate 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. 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.

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Frequently Asked Questions

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

In public spaces, yes. North Dakota has no general prohibition on video [recording in public. On private property, the property owner sets the rules. Recording intimate images in private settings without consent](/us-laws/is-it-illegal-to-record-someone) violates N.D.C.C. § 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. Cameras cannot be placed in bathrooms, locker rooms, or changing areas. 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, relevant, and its probative value must outweigh any prejudicial effect.

Sources and References

N.D.C.C. § 12.1-15-02(ndlegis.gov).gov
N.D.C.C. § 12.1-17-07.2(ndlegis.gov).gov
ND AG Open Records(attorneygeneral.nd.gov).gov
FAA UAS(faa.gov).gov
N.D.C.C. Chapter 32-49 - UCRUDIIA Civil NCII Remedy (2023 SB 2041)(ndlegis.gov).gov
North Dakota Aeronautics Commission(aero.nd.gov).gov

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

By Recording Law Editorial TeamPublished March 24, 2026Reviewed May 15, 20266 min read