North Dakota

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

By Recording Law Editorial TeamPublished March 24, 2026Reviewed May 15, 20267 min read

Under N.D.C.C. § 12.1-20-12.2, North Dakota prohibits surreptitious visual or audio surveillance of a person without consent in a dwelling, hotel room, or tanning booth. A first violation is a Class A misdemeanor, elevated to a Class C felony for a repeat offense or when the victim is a minor.

North Dakota has a dedicated voyeurism statute. N.D.C.C. § 12.1-20-12.2 (surreptitious intrusion) criminalizes both visual and audio surveillance of a person without consent in a dwelling, hotel sleeping room, or tanning booth. 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 visual or audio capture without consent in a dwelling, hotel room, or tanning booth. Class A misdemeanor base; Class C felony for second offense, prior sex-offense triggers, or victim is a minor.
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. $10,000 statutory damages, 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 that invade bodily privacy

Places Where Privacy Is Expected

North Dakota courts recognize a reasonable expectation of privacy in:

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

North Dakota closed file folder with a single paper clip on a clean light wood desk

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 or should know the depicted person 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, and visual recordings showing intimate parts of a person or depicting a person engaged in sexual activity.

Hidden Cameras: Common Scenarios

North Dakota stack of sealed white envelopes with a wax seal visible on the top one

Hidden Cameras in Rental Properties

Landlords who install hidden cameras in rental units face potential criminal charges for disorderly conduct, harassment, or other applicable offenses. 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 install cameras in bathrooms, locker rooms, or changing areas face criminal liability. 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. Hidden cameras in hotel rooms are illegal. Report discoveries to local police and hotel management.

Federal Law: TAKE IT DOWN Act

North Dakota three smartphones around a blank document on a wooden desk

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

Criminalizes publishing or threatening to publish "intimate visual depictions" (including AI-generated images) without consent with knowledge or reckless disregard of non-consent.
Requires online platforms to remove flagged content within 48 hours of notice.
Creates a federal civil cause of action for victims.

Victims of AI-generated intimate image distribution in North Dakota now have remedies under federal law, North Dakota Chapter 32-49 UCRUDIIA, and the criminal § 12.1-17-07.2.

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): $10,000 statutory damages per violation, six-year statute of limitations from discovery. Enacted by 2023 SB 2041, replacing § 32-03-58.
Federal TAKE IT DOWN Act civil action: for intimate images (including AI-generated) distributed online without consent.
Invasion of privacy tort claims for compensatory damages
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.

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.

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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 visual or audio surveillance of a person without consent in a dwelling, hotel room, or tanning booth. It is a Class A misdemeanor base offense with a Class C felony enhancement for repeat offenses or minor victims. 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. Tenants have a reasonable expectation of privacy inside their rental units. Hidden cameras in apartments can result in criminal charges. Landlords can place cameras in common areas like hallways and parking lots.

Is upskirting illegal in North Dakota?

Yes. Upskirting invades bodily privacy and can be prosecuted under disorderly conduct, harassment, or other applicable statutes. Distribution of images obtained through upskirting violates N.D.C.C. § 12.1-17-07.2.

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.

Sources and References

N.D.C.C. § 12.1-17-07.2(ndlegis.gov).gov
N.D.C.C. § 12.1-15-02(ndlegis.gov).gov
ND Attorney General(attorneygeneral.nd.gov).gov
ND Courts Self Help(ndcourts.gov).gov
N.D.C.C. § 12.1-20-12.2 - Surreptitious Intrusion (Voyeurism)(ndlegis.gov).gov
N.D.C.C. Chapter 32-49 - UCRUDIIA Civil NCII Remedy (2023 SB 2041)(ndlegis.gov).gov

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

By Recording Law Editorial TeamPublished March 24, 2026Reviewed May 15, 20267 min read