Montana Video Recording Laws: Consent Rules, Surveillance, and Penalties (2026)

Montana does not have a single comprehensive video recording statute. Instead, video recording is governed by a combination of the privacy in communications law (MCA 45-8-213), the surreptitious visual observation statute (MCA 45-5-223), and constitutional privacy protections under Article II, Section 10 of the Montana Constitution.

The legal analysis depends on two key factors: whether the video captures audio, and whether the recording takes place in a public or private setting. Understanding these distinctions is critical for anyone using cameras, smartphones, or surveillance equipment in Montana.

Video Recording With Audio vs. Without Audio

The most important distinction in Montana video recording law is whether the recording captures sound.

Silent Video Recording

Silent video recording (no audio) is generally not covered by MCA 45-8-213 because that statute specifically addresses the recording of "a conversation" using a hidden device. Where there is no audio capture of human conversation, the communications statute does not apply.

Silent video recording in public spaces is protected activity under the First Amendment. Courts, including the Ninth Circuit Court of Appeals (which covers Montana), have recognized a constitutional right to record matters of public interest in public places.

However, even silent video recording can violate MCA 45-5-223 if it involves secret filming in private locations or captures intimate images of individuals who have a reasonable expectation of privacy.

Video Recording With Audio

When video recording also captures audio of a private conversation, the full weight of MCA 45-8-213 applies. The recording is treated the same as an audio-only recording: all parties must have knowledge of the recording, or the warning exception must be invoked.

In practice, this means that turning on a video camera in a private setting where conversations are taking place requires either:

• A warning to all parties that the recording is happening (satisfying MCA 45-8-213(2)(a)(iii)), or
• The recording involves a public official performing official duties or a public meeting (other statutory exceptions).

Surreptitious Visual Observation: MCA 45-5-223

Montana's MCA 45-5-223 addresses secret visual recording and observation. This statute is separate from the communications law and applies even when no audio is captured.

What the Law Prohibits

Under MCA 45-5-223, a person commits the offense of surreptitious visual observation or recordation if the person knowingly or purposely:

• Observes or photographs another person without the person's knowledge or consent while the person is in a place where they have a reasonable expectation of privacy.
• Secretly films or photographs the intimate parts of another person without their knowledge or consent in any place where they have a reasonable expectation of privacy regarding those body parts.

Reasonable Expectation of Privacy

The statute specifically applies in locations where a person would reasonably expect privacy, such as:

• Bedrooms and bathrooms in private residences
• Changing rooms and fitting rooms in retail stores
• Restrooms in any facility
• Hotel and motel rooms
• Locker rooms and shower areas
• Any other location where a person is in a state of undress and reasonably expects they are not being observed

Penalties for Surreptitious Visual Observation

• First offense: Misdemeanor, punishable by up to 6 months in jail and a $500 fine
• The statute does not contain the same graduated penalty structure as MCA 45-8-213, but prosecutors may pursue additional charges under other statutes for repeat offenders

Video Recording in Public Spaces

Recording video in public spaces in Montana is generally lawful, with some important caveats.

First Amendment Protections

The First Amendment to the U.S. Constitution protects the right to record in public places. This includes recording:

• Streets, sidewalks, parks, and other public areas
• Government buildings (common areas accessible to the public)
• Public events, protests, and demonstrations
• Interactions with public officials performing official duties

The Ninth Circuit, which has jurisdiction over Montana, has recognized these recording rights in multiple decisions.

Limitations on Public Recording

Even in public spaces, certain recording activities may be restricted:

• Recording that interferes with law enforcement operations can result in obstruction charges, although the act of recording itself is not interference.
• Recording in areas with restricted access (military installations, certain government facilities) may be prohibited by federal or state regulations.
• Video recording that captures audio of private conversations in public still triggers MCA 45-8-213 if a hidden device is used. For example, placing a hidden camera with a microphone to capture a conversation at a restaurant table would violate the statute, even though the restaurant is a public place.

Video Surveillance on Private Property

Property owners in Montana have broad rights to install video surveillance on their own property, subject to certain restrictions.

What Property Owners May Do

• Install security cameras on the exterior of their property
• Record video of common areas within a business
• Use video doorbells and similar devices
• Monitor driveways, parking lots, and entryways

Restrictions on Private Property Surveillance

• Cameras must not be placed in areas where individuals have a reasonable expectation of privacy (bathrooms, changing rooms, bedrooms occupied by guests or tenants)
• If cameras capture audio, the all-party knowledge requirement of MCA 45-8-213 applies
• MCA 45-5-223 prohibits secret visual observation of persons in private spaces, even on the property owner's own premises
• Montana's constitutional right to privacy (Article II, Section 10) may provide additional protections for individuals recorded on someone else's property

Signage and Notice

While Montana does not have a specific statute requiring signage for video surveillance, posting visible signs serves several purposes:

• It may satisfy the "knowledge" requirement under MCA 45-8-213 if the cameras also capture audio
• It reduces the risk of civil liability for invasion of privacy claims
• It aligns with Montana's constitutional privacy values by providing transparency

Non-Consensual Intimate Images: 2025 Amendment

The 2025 amendment to MCA 45-8-213 added important provisions addressing video recordings of an intimate nature.

What the Amendment Covers

Under new subsections (1)(d) and (1)(e), it is a criminal offense to:

• Publish, distribute, or disclose real or digitally fabricated (including AI-generated) photographs, images, or videos of an identifiable person without consent, with the purpose to terrify, intimidate, threaten, harass, or injure, if the images show intimate body parts or sexual activity.
• Possess and threaten to disclose such images to obtain money or other valuable consideration.

AI-Generated Content

The statute specifically defines "digitally fabricated" to include media created using artificial intelligence that realistically misrepresents a person as engaging in conduct they did not actually engage in. This places Montana among the growing number of states addressing deepfake pornography.

Penalties

• First offense: Misdemeanor
• Second or subsequent offense: Felony, up to 5 years in prison and a $25,000 fine

Exceptions

The law includes exceptions for voluntary public exposure, disclosures in the public interest (including reporting unlawful conduct), law enforcement activities, legal proceedings, medical treatment, and educational or scientific materials.

Drone Video Recording

Montana has addressed drone (unmanned aircraft system) recording through MCA 45-8-215, which restricts the use of drones for surveillance purposes.

Drone Surveillance Restrictions

Under Montana law:

• Using a drone to conduct surveillance of any person in a location where that person has a reasonable expectation of privacy is restricted without the person's written consent or a valid search warrant.
• Information obtained through unlawful drone surveillance is generally inadmissible in court proceedings.
• Law enforcement use of drones is subject to additional restrictions and warrant requirements.

Federal Aviation Administration Rules

Drone operators in Montana must also comply with Federal Aviation Administration (FAA) regulations, including registration requirements, altitude restrictions, and airspace rules. These federal rules apply in addition to Montana's state-level privacy restrictions.

Recording in the Workplace

Video recording in Montana workplaces raises issues under both state recording law and employment law.

Employer Video Surveillance

Employers may generally install visible security cameras in common areas of the workplace (hallways, lobbies, production floors). However:

• Cameras in restrooms, locker rooms, or changing areas violate MCA 45-5-223
• Audio-enabled cameras trigger MCA 45-8-213, requiring employee knowledge or warning
• Montana is the only state with the Wrongful Discharge from Employment Act (WDEA), codified at MCA 39-2-901 through 39-2-915, which may be relevant if recording disputes lead to termination

Employee Video Recording

Employees who wish to record in the workplace should:

• Provide a verbal warning if capturing audio
• Be aware that employer policies may prohibit recording even when state law permits it
• Understand that violating a workplace recording policy may result in discipline, though Montana's WDEA provides more protections against wrongful termination than most states

Admissibility of Video Evidence

Video recordings are generally admissible in Montana courts if they were obtained lawfully. Key considerations include:

• Video obtained in violation of MCA 45-8-213 (hidden audio recording without knowledge) is inadmissible
• Video obtained in violation of MCA 45-5-223 (surreptitious visual observation) may face admissibility challenges
• Properly obtained video evidence must still satisfy rules of authentication and relevance under the Montana Rules of Evidence

More Montana Laws

• Montana Sexting Laws
• Montana Recording Laws
• Montana Recording Laws
• Montana Child Support Laws
• Montana Car Seat Laws
• Montana Recording Laws
• Montana Statute of Limitations
• Montana Recording Laws

More Montana 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 Montana Recording Laws