North Dakota Voyeurism and Hidden Camera Laws: Penalties and Protections (2026)

Under N.D.C.C. § 12.1-20-12.2, North Dakota prohibits surreptitious peeping or visual or audio surveillance, done for sexual gratification and with intent to intrude on another's privacy, into another's dwelling (after entering upon another's property), a hotel sleeping room, a tanning booth, or another place where a person would reasonably expect privacy and is likely to undress. A first violation is a Class A misdemeanor, elevated to a Class C felony for a repeat offense, certain prior sex-offense history, or when the victim is a minor. A conviction also makes the person a sexual offender who must register under N.D.C.C. § 12.1-32-15; for a misdemeanor, the court may waive registration only in narrow circumstances. A hidden camera does not need a sexual motive to be a crime: N.D.C.C. § 12.1-31-14 separately punishes secret recording into a private place with intent to intrude on privacy.

North Dakota has a dedicated voyeurism statute. N.D.C.C. § 12.1-20-12.2 (surreptitious intrusion) makes it a crime, when done with intent to arouse or gratify sexual desires and with intent to intrude upon or interfere with another's privacy, to surreptitiously peep into, or install or use a device to observe, photograph, or record sounds or events from, a house or place of dwelling of another (where the person must also enter upon another's property), or a tanning booth, a hotel sleeping room, or another place where a reasonable individual would expect privacy and has exposed or is likely to expose intimate parts. This is distinct from N.D.C.C. § 12.1-17-07.2, which addresses the distribution of intimate images. A common point of confusion: § 12.1-20-12.1 covers indecent exposure (the actor exposing their own genitals) and is not the voyeurism statute.

This guide covers what North Dakota law prohibits regarding voyeurism and hidden cameras, penalties for violations, how these laws interact with recording consent rules, and remedies available to victims.

North Dakota's Approach to Voyeurism

The Legal Framework

North Dakota's voyeurism legal framework is built on several statutes:

• N.D.C.C. § 12.1-20-12.2 is the voyeurism statute (surreptitious intrusion). It covers surreptitious peeping and visual or audio capture, done for sexual gratification and with intent to intrude on another's privacy, in another's dwelling (after entering upon another's property), hotel sleeping room, tanning booth, or other place where a person would reasonably expect privacy and is likely to undress. Class A misdemeanor base; Class C felony for second offense, prior sex-offense triggers, or victim is a minor. A conviction carries sex-offender registration under § 12.1-32-15.
• N.D.C.C. § 12.1-31-14 (surreptitious intrusion or interference with privacy) needs no sexual purpose: secretly installing or using a device to observe or record events in another's dwelling (after entering upon another's property), a hotel sleeping room, a tanning booth, or another place where a reasonable person would expect privacy, with intent to intrude on privacy, is a Class B misdemeanor.
• N.D.C.C. § 12.1-27.1-03.3 (amended in 2025) makes it a Class A misdemeanor to secretly create a real, altered, or computer-generated nude or sexual image without the written consent of each person with a reasonable expectation of privacy in it, or to share one to cause emotional harm or humiliation or after being told the person does not consent; passing along one created without consent is a Class B misdemeanor.
• N.D.C.C. § 12.1-17-07.2 criminalizes knowing distribution of intimate images without consent (Class A misdemeanor). The definition expressly includes "computer or computer-generated image or picture," covering AI-generated content.
• Chapter 32-49 UCRUDIIA (2023 SB 2041, replacing § 32-03-58): civil cause of action for nonconsensual intimate image distribution. Up to $10,000 in statutory damages per defendant (or actual damages, whichever is greater), six-year statute of limitations from discovery.
• N.D.C.C. § 12.1-31-01 disorderly conduct can apply to intrusive surveillance behavior.
• N.D.C.C. § 12.1-15-02 covers interception of oral communications (the wiretap statute).

What Constitutes Voyeurism in North Dakota

Under N.D.C.C. § 12.1-20-12.2 and related statutes, the following conduct is prohibited:

• Hidden cameras in private spaces such as bathrooms, locker rooms, bedrooms, and changing rooms
• Distribution of intimate images captured without consent or distributed without consent
• Peeping into private areas using devices or physical positioning
• Upskirting and similar concealed camera tactics, which can be charged depending on what the image shows and how it is used (see the upskirting FAQ below)

Places Where Privacy Is Expected

North Dakota's statutes name a home, a hotel sleeping room, and a tanning booth, and extend to any other place where a reasonable person would expect privacy. Whether a particular space qualifies is decided case by case, but these are the kinds of places that usually do:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Bedrooms in private residences
• Hotel and motel rooms
• Hospital rooms and medical examination areas
• Tanning booths and spa treatment rooms
• Dressing rooms in retail stores

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

What the Law Covers

Under N.D.C.C. § 12.1-17-07.2, it is a crime to knowingly distribute intimate images of another person without that person's 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 depicted person
• The distributor knows the depicted person did not consent to the distribution

Penalties

What Qualifies as "Intimate Images"

The statute covers photographs, digital images, videos, and visual recordings showing intimate parts of a person or depicting a person engaged in sexual activity.

Hidden Cameras: Common Scenarios

Hidden Cameras in Rental Properties

Landlords who surreptitiously install hidden cameras in a tenant's dwelling for sexual gratification and with intent to intrude on the tenant's privacy can face charges under N.D.C.C. § 12.1-20-12.2. Even without a sexual motive, secretly installing a recording device in a tenant's home with intent to intrude on the tenant's privacy can be charged under N.D.C.C. § 12.1-31-14. Tenants who discover hidden cameras should document the camera, contact law enforcement, and consult with the North Dakota Attorney General's office.

Hidden Cameras in the Workplace

Employers who secretly install or use cameras in bathrooms, locker rooms, or changing areas, with intent to intrude on employees' privacy, can be charged under N.D.C.C. § 12.1-31-14, and under § 12.1-20-12.2 if it is done for sexual gratification. Employees who discover improper surveillance should report it to HR, law enforcement, and the North Dakota Department of Labor.

Hidden Cameras in Hotels

Hotel guests have a reasonable expectation of privacy. Secretly installing or using a device to record events in a hotel sleeping room, with intent to intrude on a guest's privacy, is a class B misdemeanor under N.D.C.C. § 12.1-31-14, and a more serious offense under § 12.1-20-12.2 when done for sexual gratification. Report discoveries to local police and hotel management.

Federal Law: TAKE IT DOWN Act

The TAKE IT DOWN Act, signed May 19, 2025, adds a federal layer:

• Criminalizes knowingly publishing, or threatening to publish, "intimate visual depictions" through an online service, and, as a separate offense, AI-generated "digital forgeries". For a real image of an adult, the publisher must have known or reasonably should have known the person expected privacy, and the publication must be intended to cause harm or actually cause it.
• Requires online 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.

Victims of AI-generated intimate image distribution in North Dakota can look to federal criminal law and the federal civil remedy in 15 U.S.C. 6851, North Dakota Chapter 32-49 UCRUDIIA, the criminal § 12.1-17-07.2, and § 12.1-27.1-03.3, which covers computer-generated sexual images and includes its own civil action with up to $10,000 in statutory damages.

Defenses and Civil Remedies

Common Defenses

• Consent of the person depicted
• No reasonable expectation of privacy in the recording location
• Lack of knowledge that the camera was recording

Civil Remedies for Victims

Victims can pursue:

• Chapter 32-49 UCRUDIIA (civil NCII): up to $10,000 in statutory damages per defendant (or actual damages, whichever is greater), six-year statute of limitations from discovery. Enacted by 2023 SB 2041, replacing § 32-03-58.
• N.D.C.C. § 12.1-27.1-03.3 civil action: an identifiable person harmed by a violation can sue someone who produced, possessed, or shared the image for sexual arousal or gratification, humiliation, degradation, or monetary or commercial gain, and recover actual damages or up to $10,000 in statutory damages per defendant, plus any profits, exemplary damages, and attorney fees.
• Federal civil action under 15 U.S.C. 6851 for nonconsensual disclosure of intimate images (the TAKE IT DOWN Act itself does not create a right to sue).
• Invasion of privacy tort claims are uncertain: the North Dakota Supreme Court has not decided whether this lawsuit exists in the state (Hougum v. Valley Memorial Homes, 1998)
• Intentional infliction of emotional distress claims
• Injunctive relief ordering removal of distributed images
• Restraining orders preventing further contact

The North Dakota Legal Self Help Center provides resources for individuals seeking legal remedies.

Interaction with Recording Consent Laws

North Dakota's wiretapping statute under N.D.C.C. § 12.1-15-02 covers audio interception with one-party consent. Voyeurism laws address the visual component that the wiretap statute does not cover. When recording includes both video and audio, both sets of laws may apply simultaneously.

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 voyeurism a crime in North Dakota?

Yes. North Dakota has a dedicated voyeurism statute: N.D.C.C. § 12.1-20-12.2 (surreptitious intrusion), which covers surreptitious peeping and visual or audio surveillance, done for sexual gratification and with intent to intrude on another's privacy, into another's dwelling (after entering upon another's property), hotel sleeping room, tanning booth, or other place where a person would reasonably expect privacy and is likely to undress. It is a Class A misdemeanor base offense with a Class C felony enhancement for repeat offenses or minor victims, and a conviction carries sex-offender registration. A hidden camera without a sexual motive can still be charged as a Class B misdemeanor under § 12.1-31-14. Separately, § 12.1-17-07.2 criminalizes distribution of intimate images. Note: § 12.1-20-12.1 is indecent exposure, not voyeurism.

What is the penalty for distributing intimate images in North Dakota?

Distribution of intimate images without consent is a Class A misdemeanor punishable by up to 360 days in jail and a $3,000 fine. The images must have been taken where the person had a privacy expectation and distribution must cause actual emotional distress.

Can my landlord put hidden cameras in my apartment in North Dakota?

No, not secretly. A landlord who secretly installs a camera or recording device inside your unit to intrude on your privacy can be charged under N.D.C.C. 12.1-31-14, and under 12.1-20-12.2 if it is done for sexual gratification. North Dakota has no statute written specifically about landlord cameras, so a visible camera you agreed to is a lease and privacy question rather than a clear crime. Landlords commonly use cameras in shared areas such as hallways and parking lots.

Is upskirting illegal in North Dakota?

It can be. Secretly photographing up someone's clothing can be charged under N.D.C.C. 12.1-27.1-03.3 if the image shows a nude or partially nude body, and disorderly conduct or harassment may also apply. Sharing the image can be a crime under 12.1-27.1-03.3, or under 12.1-17-07.2 when the image meets that law's definition of an intimate image and the sharing causes emotional distress or harm.

What should I do if I find a hidden camera in North Dakota?

Document the camera with photographs, do not remove it, and contact local law enforcement immediately. Consult an attorney about civil remedies. You can also contact the North Dakota Attorney General's office for guidance.