North Dakota Surveillance Camera Laws (2026 Guide)

Overview of North Dakota Surveillance Camera Laws

North Dakota does not have a single comprehensive surveillance camera statute. Instead, several laws work together to regulate where and how cameras can be used throughout the state. The key statutes include N.D.C.C. 12.1-15-02 (interception of wire or oral communications), N.D.C.C. 12.1-20-12.2 (surreptitious intrusion under sex offenses), N.D.C.C. 12.1-31-14 (surreptitious intrusion or interference with privacy), and N.D.C.C. 29-29.4 (surveillance by unmanned aerial vehicle).

The common thread across all of these laws is the concept of a "reasonable expectation of privacy." Surveillance cameras are generally legal in North Dakota when used in areas where people do not have a reasonable expectation of privacy, such as public streets, front yards, and common areas of businesses. Recording becomes illegal when cameras are placed to capture images or audio in private spaces without consent.

An important distinction in North Dakota law is that video recording and audio recording are treated differently. Video-only recording on your own property is broadly permitted. Audio recording, however, falls under the state's wiretapping and eavesdropping statute, which carries serious criminal penalties.

Understanding these laws is essential for homeowners installing security systems, employers setting up workplace monitoring, and anyone who wants to protect their own privacy rights in North Dakota.

Home Security Camera Laws in North Dakota

North Dakota law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and keeping an eye on their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installation.

Where You Can Place Home Security Cameras

You can legally place cameras in the following areas of your property:

• Front door and porch areas for monitoring visitors and package deliveries
• Driveways and garages to record vehicle activity
• Backyards to monitor your own property
• Common living areas inside your home, such as living rooms and kitchens
• Exterior walls aimed at your own property boundaries

Where You Cannot Place Home Security Cameras

Cameras become illegal when they are positioned to record areas where people have a reasonable expectation of privacy:

• Bathrooms and restrooms in your home where guests or residents expect privacy
• Guest bedrooms where visitors are staying
• Pointed directly into a neighbor's windows or interior living spaces
• Any area where someone is undressing or engaged in private activities

Under N.D.C.C. 12.1-20-12.2, it is unlawful to surreptitiously install or use any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a house or place of dwelling of another, or from a place where a reasonable individual would have an expectation of privacy. This statute specifically applies when the offender acts with sexual intent, and a violation is a Class A misdemeanor.

Under N.D.C.C. 12.1-31-14, the same type of conduct is prohibited even without sexual intent. If someone enters your property and surreptitiously installs recording or observing devices aimed at your dwelling with intent to intrude on your privacy, that person commits a Class B misdemeanor.

Ring Doorbells and Smart Cameras

Video doorbells and smart security cameras like Ring, Nest, and Arlo are legal in North Dakota. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and recording is permitted.

However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under North Dakota law. Position your smart cameras to focus primarily on your own property and public areas.

Audio Recording on Home Security Cameras

Many modern security cameras include microphone capabilities. In North Dakota, audio recording is governed separately from [video recording under N.D.C.C. 12.1-15-02. North Dakota follows a one-party consent rule, meaning you can record a conversation if you are a participant or if one party to the conversation has given prior consent](/is-it-illegal-to-video-record-someone-without-their-consent).

For outdoor security cameras that pick up ambient sounds and conversations of passersby, the law is less clear. The safest approach is to either disable audio recording on exterior cameras or post visible signage indicating that audio and video recording is in progress. This way, anyone who continues a conversation within range of the camera has arguably given implied consent.

It is worth noting that North Dakota's wiretapping statute defines "wire communication" as transmissions through "wire, cable, or other like connection." Courts have not yet clarified whether this definition extends to cellphone conversations, which may not travel through traditional wired infrastructure. Regardless, recording audio without proper consent carries serious criminal penalties, so caution is warranted.

Workplace Surveillance Camera Laws in North Dakota

North Dakota does not have a specific statute governing workplace video surveillance. Employers in the state generally follow federal law and common-law privacy principles when installing cameras at work.

What Employers Can Do

Employers may install video surveillance cameras in the following areas:

• Lobbies, hallways, and reception areas for security purposes
• Parking lots to protect employees and company property
• Warehouses and production floors to monitor operations
• Cash register areas to prevent theft
• Loading docks and entry points for security

What Employers Cannot Do

Even without a specific state statute, employers face restrictions based on privacy tort law and federal guidelines:

• Restrooms and changing areas are always off-limits for surveillance
• Break rooms may raise privacy concerns depending on the circumstances
• Union meeting areas are protected under the National Labor Relations Act
• Private offices where employees have a reasonable expectation of privacy may require notice

Audio Surveillance at Work

[Employers who use cameras with audio recording capabilities must comply with N.D.C.C. 12.1-15-02. Since North Dakota is a one-party consent state, an employer cannot record](/can-an-employer-record-conversations-without-consent) private conversations between employees unless at least one party to the conversation has consented. The best practice for employers is to provide written notice to all employees that audio and video surveillance is in use and to obtain signed acknowledgments.

Employee Notification

While North Dakota does not require employers to notify employees of video-only surveillance, providing notice is strongly recommended. A clear workplace surveillance policy should outline where cameras are located, whether audio is recorded, how footage is stored, who has access to recordings, and how long recordings are retained. This transparency helps employers avoid invasion of privacy claims.

North Dakota also has one of the strongest lawful activity protections in the country. Under N.D.C.C. 14-02.4-03, employers are prohibited from taking adverse action against employees because of their participation in lawful activity off the employer's premises during nonworking hours. While this does not directly address surveillance cameras, it reflects the state's strong stance on employee privacy rights.

Microchip Implant Prohibition

Under N.D.C.C. 12.1-15-06, no person may require an individual to have a microchip containing a radio frequency identification device implanted in that individual's body. A violation is a Class A misdemeanor. This statute prevents employers and others from using implantable tracking technology as a form of employee monitoring.

Hidden Camera and Voyeurism Laws in North Dakota

North Dakota takes hidden camera crimes seriously. The state has two primary statutes addressing voyeurism and surreptitious recording, distinguished by whether sexual intent is involved.

N.D.C.C. 12.1-20-12.2: Surreptitious Intrusion (Sex Offenses)

N.D.C.C. 12.1-20-12.2 addresses surreptitious intrusion when the offender acts with the intent to arouse, appeal to, or gratify their lust, passions, or sexual desires. Under this statute, an individual is guilty of a Class A misdemeanor if they:

• Enter another's property and surreptitiously gaze, stare, or peep into a house or place of dwelling with intent to intrude upon the privacy of another
• Enter another's property and surreptitiously install or use any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a dwelling
• Surreptitiously gaze, stare, or peep into a tanning booth, hotel sleeping room, or other place where a reasonable individual would have an expectation of privacy and has exposed or is likely to expose intimate parts
• Surreptitiously install or use any device for observing, photographing, or recording in such private spaces

Enhanced Penalties Under 12.1-20-12.2

A person is guilty of a Class C felony if they violate this statute after a previous conviction for the same offense, after a previous conviction under N.D.C.C. 12.1-20-12.1, after being required to register as a sex offender under N.D.C.C. 12.1-32-15, or if the victim is a minor.

N.D.C.C. 12.1-31-14: Surreptitious Intrusion (Privacy Offenses)

N.D.C.C. 12.1-31-14 covers the same type of conduct but does not require proof of sexual motivation. This statute applies to anyone who, with intent to intrude upon or interfere with the privacy of another, engages in surreptitious recording or observation.

The prohibited conduct mirrors the acts described in 12.1-20-12.2, including peeping into dwellings, installing recording devices on another person's property, and recording in spaces where individuals have a reasonable expectation of privacy. The key difference is the penalty: violations under this statute are classified as a Class B misdemeanor.

Penalties for Hidden Camera Violations

Violation	Statute	Classification	Max Jail/Prison	Max Fine
Surreptitious intrusion with sexual intent (first offense)	N.D.C.C. 12.1-20-12.2	Class A Misdemeanor	360 days	$3,000
Surreptitious intrusion with sexual intent (repeat/minor victim)	N.D.C.C. 12.1-20-12.2	Class C Felony	5 years	$10,000
Surreptitious intrusion without sexual intent	N.D.C.C. 12.1-31-14	Class B Misdemeanor	30 days	$1,500

Federal Video Voyeurism Protection

The federal Video Voyeurism Prevention Act (18 U.S.C. 1801) provides additional protection on federal property within North Dakota, including military bases, federal buildings, national parks, and Indian reservations. This law makes it a federal crime to capture an image of a private area of an individual without consent, under circumstances in which the individual has a reasonable expectation of privacy. A violation carries a fine or imprisonment of up to one year, or both.

Audio Recording Laws (One-Party Consent)

North Dakota is a one-party consent state for audio recording. N.D.C.C. 12.1-15-02 governs the interception and recording of communications.

What the Law Says

It is a Class C felony to intentionally intercept any wire or oral communication by use of any electronic, mechanical, or other device. It is also a Class C felony to intentionally disclose or use the contents of any communication knowing that it was obtained through illegal interception.

A Class C felony in North Dakota carries a maximum penalty of 5 years in prison and a fine of up to $10,000.

The One-Party Consent Defense

It is a defense to prosecution if the person recording was a party to the communication or one of the parties to the communication had given prior consent. The recording must not have been made for the purpose of committing a crime or other unlawful harm.

What One-Party Consent Means in Practice

If you are part of a conversation, whether in person or on a landline telephone, you can legally record it without telling the other participants. You do not need to inform anyone else that the recording is taking place.

However, you cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. Doing so constitutes illegal wiretapping.

The Cell Phone Gap

North Dakota's wiretapping statute specifically defines "wire communication" as transmissions through "wire, cable, or other like connection." This definition was written before the widespread use of cellular technology, and North Dakota courts have not definitively ruled on whether cellphone calls are covered under this law. In theory, a cellphone conversation that travels entirely over wireless signals may fall outside the statute's scope. However, this legal uncertainty does not mean you can freely record cellphone conversations without consent. Other laws, including federal wiretapping protections, may still apply.

Secret Loitering to Eavesdrop

Under a separate provision of N.D.C.C. 12.1-15-02, it is a Class A misdemeanor to secretly loiter about any building with intent to overhear discourse or conversation and to repeat or publish the same with intent to vex, annoy, or injure others. This provision addresses low-tech eavesdropping without electronic devices and carries a maximum penalty of 360 days in jail and a $3,000 fine.

Penalties for Illegal Audio Recording

Violation	Statute	Classification	Max Jail/Prison	Max Fine
Illegal interception of wire or oral communication	N.D.C.C. 12.1-15-02(1)	Class C Felony	5 years	$10,000
Disclosing illegally intercepted communication	N.D.C.C. 12.1-15-02(1)	Class C Felony	5 years	$10,000
Secret loitering to eavesdrop	N.D.C.C. 12.1-15-02(2)	Class A Misdemeanor	360 days	$3,000

Neighbor Disputes Over Security Cameras

Disagreements between neighbors about security cameras are common in North Dakota. The law provides some guidance on resolving these disputes.

When a Neighbor's Camera Is Legal

A neighbor's security camera is generally legal if it:

• Is pointed at the neighbor's own property
• Captures public areas like sidewalks and streets
• Records only video (without audio) of areas in public view
• Does not peer into your windows or private enclosed spaces

When a Neighbor's Camera May Be Illegal

A neighbor's camera may violate North Dakota law if it:

• Is deliberately aimed to look inside your home through windows
• Records your fully fenced backyard from an elevated position, capturing areas hidden from street view
• Records audio of your private conversations without your consent
• Is a hidden camera placed on your property without your knowledge

Under N.D.C.C. 12.1-22-03, entering another person's property without permission to install a camera may also constitute criminal trespass. Trespass on a dwelling is a Class C felony, while trespass on other structures is a Class A misdemeanor. Trespass on posted property is a Class B misdemeanor for a first offense and a Class A misdemeanor for subsequent offenses within two years.

Steps to Resolve a Camera Dispute

1. Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.

2. Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.

3. Send a written request. Ask your neighbor in writing to adjust the camera angle or position.

4. Contact local authorities. If you believe a neighbor is using a camera to engage in voyeurism or to record your private activities, file a police report. Violations of N.D.C.C. 12.1-31-14 are Class B misdemeanors, and violations of N.D.C.C. 12.1-20-12.2 with sexual intent are Class A misdemeanors.

5. Consult an attorney. You may have grounds for a civil invasion of privacy lawsuit if a neighbor's camera is deliberately aimed to capture your private activities.

Physical Solutions

You can also take steps to block a camera's view of your property:

• Install privacy fencing along your property line
• Plant tall hedges or trees to create natural barriers
• Use window film or curtains to block interior views
• Install your own cameras to document any intrusive behavior

Nanny Cam Laws in North Dakota

Nanny cameras, or hidden cameras used to monitor caregivers in your home, are subject to specific rules in North Dakota.

Legal Requirements for Nanny Cams

Video-only nanny cams are generally legal in North Dakota when placed in common areas of your own home. There is no specific state statute that prohibits using hidden cameras to monitor childcare activities in your own residence. However, since the cameras are hidden and the caregiver may have a reasonable expectation of privacy in certain areas, best practice is to inform the caregiver that cameras are present.

Where You Can Place a Nanny Cam

• Living rooms and family rooms where childcare takes place
• Kitchens and dining areas
• Playrooms and nurseries (in common areas)
• Hallways and entryways

Where You Cannot Place a Nanny Cam

• Bathrooms used by the caregiver
• Bedrooms designated for the caregiver's private use (for live-in nannies)
• Any room where the caregiver changes clothes or has a reasonable expectation of privacy

Audio on Nanny Cams

If your nanny cam records audio, North Dakota's one-party consent law under N.D.C.C. 12.1-15-02 applies. Since you are not present during the conversations being recorded, and neither party to those conversations has consented, recording audio without the caregiver's knowledge could violate the wiretapping statute. The safest approach is to either disable audio recording or inform the caregiver in writing that audio and video recording takes place in the home.

Nursing Home and Care Facility Monitoring

North Dakota has a specific statute governing electronic monitoring in care facilities. Under N.D.C.C. Chapter 50-10.2, residents or their authorized family members may place electronic monitoring devices in the resident's room. The statute defines "authorized electronic monitoring device" as video surveillance cameras, monitoring devices, web-based cameras, video phones, or audio recording or transmitting devices.

Key requirements under this law include:

• Written notice must be provided to the facility before installing any monitoring device
• The device may only be placed in the resident's own room
• Facility managers and staff may not access the data on the device
• A person who places a device or uses recordings from it may be civilly liable or criminally responsible for any unlawful violation of another resident's or person's privacy rights

This law provides an important tool for families who want to monitor the care their loved ones receive, while balancing the privacy rights of staff and other residents.

Drone Surveillance Laws in North Dakota

North Dakota has addressed drone surveillance primarily through N.D.C.C. Chapter 29-29.4, which focuses on law enforcement use of unmanned aerial vehicles but also includes provisions that affect private citizens.

Law Enforcement Drone Use

Law enforcement agencies in North Dakota must generally obtain a warrant before using a drone for surveillance. The warrant must meet the requirements of the North Dakota Constitution. Exceptions to the warrant requirement include exigent circumstances, border patrol operations, and environmental protection purposes.

Restrictions on Private Drone Surveillance

A law enforcement agency may not authorize any private person to conduct surveillance on another private person using a drone without the express, informed consent of the other person or the owner of real property on which that person is present. While this provision specifically governs law enforcement authorization, it reflects the state's policy against enabling private drone surveillance without consent.

Additionally, North Dakota's surreptitious intrusion statutes (N.D.C.C. 12.1-20-12.2 and N.D.C.C. 12.1-31-14) apply to drone-mounted cameras just as they apply to fixed cameras. Using a drone to secretly record someone in their home or in a place where they have a reasonable expectation of privacy is illegal under the same statutes that govern other forms of hidden camera surveillance.

Documentation Requirements

Anyone authorized to conduct drone surveillance must document all use, including the duration of surveillance, the flight path, and the mission objectives.

Penalties Summary for Surveillance Violations in North Dakota

Violation	Statute	Classification	Max Jail/Prison	Max Fine
Illegal interception of communications	N.D.C.C. 12.1-15-02(1)	Class C Felony	5 years	$10,000
Secret loitering to eavesdrop	N.D.C.C. 12.1-15-02(2)	Class A Misdemeanor	360 days	$3,000
Surreptitious intrusion with sexual intent (first offense)	N.D.C.C. 12.1-20-12.2	Class A Misdemeanor	360 days	$3,000
Surreptitious intrusion with sexual intent (repeat/minor victim)	N.D.C.C. 12.1-20-12.2	Class C Felony	5 years	$10,000
Surreptitious intrusion/interference with privacy	N.D.C.C. 12.1-31-14	Class B Misdemeanor	30 days	$1,500
Criminal trespass on dwelling	N.D.C.C. 12.1-22-03	Class C Felony	5 years	$10,000
Criminal trespass on building/structure	N.D.C.C. 12.1-22-03	Class A Misdemeanor	360 days	$3,000
Criminal trespass on posted property (first offense)	N.D.C.C. 12.1-22-03	Class B Misdemeanor	30 days	$1,500
Required microchip implantation	N.D.C.C. 12.1-15-06	Class A Misdemeanor	360 days	$3,000

HOA and Local Regulations

In addition to state law, homeowners in North Dakota may be subject to additional surveillance camera rules imposed by their homeowners association (HOA) or local municipality.

HOA Camera Rules

North Dakota does not have a statewide law governing HOA security camera policies. However, condominium ownership in North Dakota is guided by the North Dakota Condominium Ownership of Real Property Act, which requires that a declaration of restrictions be recorded before any condominiums are conveyed. Your HOA's covenants, conditions, and restrictions (CC&Rs) may include rules about camera placement, visibility, and positioning. Common HOA restrictions include requirements that cameras be aesthetically discreet, prohibitions on cameras aimed at common areas managed by the HOA, and rules about notification to the association before installation.

Before installing cameras in an HOA community, review your governing documents or contact your HOA board for guidance.

Local Ordinances

Some North Dakota cities and counties may have additional regulations regarding security cameras, particularly for commercial properties. Check with your local city hall or county clerk's office for any applicable ordinances.

More North Dakota Laws

• North Dakota Recording Laws
• North Dakota Car Seat Laws
• North Dakota Dog Bite Laws
• North Dakota Hit and Run Laws
• North Dakota Sexting Laws
• North Dakota Child Support Laws
• North Dakota Lemon Law
• North Dakota Whistleblower Laws
• North Dakota Statute of Limitations
• North Dakota Windshield Mounting Laws