Montana Voyeurism Laws: Hidden Cameras, Peeping, and Penalties (2026)

Montana law makes it a crime to surreptitiously observe or record a person in or near their residence, and to record another person's sexual or intimate parts without consent in a public place. Under Mont. Code Ann. 45-5-223, a first offense is a misdemeanor carrying up to six months in jail and a $500 fine.

Montana addresses voyeurism and hidden camera offenses through multiple statutes that work together to protect individual privacy. The primary voyeurism law is MCA 45-5-223 (surreptitious visual observation or recordation), while the broader privacy in communications statute (MCA 45-8-213) covers hidden recording devices that capture audio. The 2025 legislative session also added significant new protections against non-consensual intimate image distribution.

These laws protect Montana residents from unauthorized surveillance, hidden camera recording, and the distribution of intimate images taken without consent. Understanding the scope of these protections is important for residents, property owners, landlords, and employers.

MCA 45-5-223: Surreptitious Visual Observation or Recordation

MCA 45-5-223 is Montana's dedicated voyeurism statute. It addresses two distinct categories of prohibited conduct.

Observing or Photographing Without Knowledge or Consent

Under the first part of the statute, a person commits an offense if they knowingly or purposely hide, wait, or otherwise loiter in person or by remote electronic device within or in the vicinity of a private dwelling house, apartment, or other place of residence, for the purpose of watching, gazing at, or electronically observing or recording an occupant of that residence without the occupant's knowledge. This prong is residence-specific: by its own text, it does not reach general observation or filming in a non-residential space such as a hotel room, business restroom, or locker room.

This provision covers:

• Peeping through windows of a residence
• Installing hidden cameras in bedrooms, bathrooms, or other private spaces inside a dwelling
• Loitering near a residence to watch or electronically observe an occupant who reasonably believes they are not being watched
• Photographing an occupant of a residence without their knowledge

Recording Intimate Body Parts

The second part of the statute addresses recording or photographing intimate body parts specifically, and it applies regardless of whether the location is a residence. It is illegal to knowingly or purposely photograph, film, or record the sexual or intimate parts of another person without their knowledge or consent in a public place where they have a reasonable expectation of privacy regarding those body parts. General (non-intimate-parts) filming in a non-residential private space, such as a hotel room or business restroom, may fall outside both prongs of this specific statute even though it may be independently actionable under other privacy law.

Montana's voyeurism statute, MCA 45-5-223, does not itself define "intimate parts," and no general Montana definitions statute (MCA 45-2-101, MCA 45-5-504) supplies one either. The closest statutory analog is Montana's separate non-consensual intimate image law, MCA 45-8-213(1)(d), which covers images showing "the visible genitals, anus, buttocks, or female breast if the nipple is exposed."

This provision applies regardless of the setting. Even in a semi-public location like a gym or pool, recording intimate body parts of another person without consent violates the statute if the person has a reasonable expectation of privacy regarding those specific body parts.

What Constitutes a "Reasonable Expectation of Privacy"?

The concept of a reasonable expectation of privacy is central to Montana's voyeurism laws, but it applies differently to the statute's two prongs: the residence-observation prong is limited to a private dwelling regardless of what is recorded, while the public-place prong turns on whether the person had a reasonable expectation of privacy specifically in their sexual or intimate parts, wherever that place happens to be.

Locations With a Clear Expectation of Privacy

A person retains a reasonable expectation of privacy regarding their sexual or intimate parts specifically (triggering MCA 45-5-223's public-place prong if those parts are recorded) in the following locations, and residences additionally trigger the statute's separate observation prong regardless of what is recorded:

• Private residences (bedrooms, bathrooms, living areas)
• Hotel and motel rooms
• Restrooms in any facility (public or private)
• Changing rooms and fitting rooms in retail stores
• Locker rooms and showers in gyms, pools, and schools
• Hospital rooms and medical examination areas
• Tanning booths and spa rooms

Locations With Limited or No Expectation of Privacy

In the following locations, a person generally has a reduced or no expectation of privacy:

• Public streets, sidewalks, and parks
• Retail sales floors and other areas open to the general public
• Common areas of commercial buildings (lobbies, hallways)
• Public events and gatherings

Gray Areas

Some locations fall into a middle ground where the expectation of privacy depends on the specific circumstances:

• Offices and cubicles: Employees may have a limited expectation of privacy, depending on employer policies
• Vehicles: Occupants generally have some expectation of privacy, but visibility from outside reduces it
• Backyards with fencing: The level of privacy depends on the height of the fence and visibility from neighboring properties

Penalties for Voyeurism in Montana

Criminal Penalties Under MCA 45-5-223

A first offense under Montana's surreptitious visual observation statute is a misdemeanor punishable by:

• Up to 6 months in the county jail
• A fine of up to $500
• Or both jail time and a fine

MCA 45-5-223(4) contains its own graduated penalty structure for repeat offenses: a second conviction carries up to 1 year in jail and a $1,000 fine, and a third or subsequent conviction carries up to 5 years in prison and a $10,000 fine.

Sex Offender Registration

Depending on the circumstances and the nature of the offense, a conviction under MCA 45-5-223 may trigger sex offender registration requirements under MCA Title 46, Chapter 23, Part 5. This is determined on a case-by-case basis and is more likely when the victim is a minor or when the offense involves particularly invasive conduct.

Civil Remedies

Victims of voyeurism in Montana can pursue civil claims, including:

• Invasion of privacy (common law tort)
• Constitutional privacy claims under Article II, Section 10 of the Montana Constitution
• Intentional infliction of emotional distress
• Negligence claims against property owners who fail to prevent hidden camera installation

Non-Consensual Intimate Images: The 2025 Amendment

The 2025 amendment to MCA 45-8-213 significantly expanded protections against non-consensual intimate image distribution. While the original voyeurism statute (MCA 45-5-223) addressed the act of recording, the 2025 amendment addresses what happens after images are captured.

New Subsection (1)(d): Distribution Offense

It is now 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, injure, or obtain money, if the images show:

• Visible genitals, anus, buttocks, or exposed female breast
• The person engaged in a real or simulated sexual act

New Subsection (1)(e): Possession With Threats

It is also illegal to possess and threaten to disclose such images (real or digitally fabricated) for the purpose of obtaining money or other valuable consideration.

Penalties for Intimate Image Offenses

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

AI-Generated Deepfakes

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 makes Montana one of the growing number of states to address deepfake pornography in its criminal code.

Exceptions

The 2025 amendment includes exceptions for:

• Voluntary public exposure
• Disclosures in the public interest, including reporting unlawful conduct
• Law enforcement activities
• Legal proceedings
• Medical treatment
• Historic, artistic, scientific, or educational materials

Hidden Cameras in Rental Properties

Hidden cameras in rental properties present particular legal concerns in Montana. A landlord who installs a hidden camera inside a tenant's dwelling violates both MCA 45-5-223 and potentially MCA 45-8-213 (if the camera captures audio).

Landlord Obligations

• Landlords may not install hidden cameras inside rental units
• Exterior security cameras on the property are generally permissible if they do not capture the interior of tenant living spaces
• Tenants must be informed of any cameras that could capture their activities in common areas
• If a tenant discovers a hidden camera, they should report it to law enforcement immediately

Tenant Remedies

Tenants who discover hidden cameras may pursue:

• Criminal charges under MCA 45-5-223
• Civil invasion of privacy claims
• Constitutional privacy claims under Article II, Section 10
• Lease termination based on the landlord's violation of the implied warranty of habitability and quiet enjoyment

Hidden Cameras in the Workplace

Workplace hidden cameras in Montana raise issues under both criminal law and employment law.

Prohibited Locations

A camera that captures an employee's sexual or intimate parts in any of the following areas violates MCA 45-5-223's public-place prong, though the statute's text does not clearly reach a camera in these spaces that captures no intimate footage. Employers should still avoid placing cameras, hidden or visible, in:

• Restrooms
• Locker rooms and changing areas
• Break rooms that double as changing areas
• Any other location where employees have a reasonable expectation of privacy regarding their bodies

Permitted Surveillance

Employers may use video surveillance in:

• Common work areas (with appropriate notice to employees)
• Entrances and exits
• Parking lots and loading docks
• Point-of-sale areas

Employment Law Considerations

Montana is the only state with the Wrongful Discharge from Employment Act (MCA 39-2-901 through 39-2-915), which provides employees with protections against termination except for good cause. If a workplace recording dispute leads to an employee's termination, the WDEA may provide additional legal protections not available in other states.

Upskirting and Downblousing

Montana's voyeurism statute specifically addresses the recording of intimate body parts. "Upskirting" (photographing under a person's clothing) and "downblousing" (photographing down a person's neckline) are criminal offenses under MCA 45-5-223 because they involve recording intimate body parts of a person who has a reasonable expectation of privacy regarding those body parts.

This applies in all settings, including public places. Even though a person standing on a public sidewalk has a reduced general expectation of privacy, they still have a reasonable expectation that their intimate body parts concealed by clothing will not be photographed or recorded.

How Montana Compares to Other States

Montana's approach to voyeurism law has several distinctive features:

• Constitutional privacy protection: Montana's explicit constitutional right to privacy (Article II, Section 10) provides stronger protections than states that rely solely on statutory law
• Separate statutes: Montana uses two separate statutes (MCA 45-5-223 for visual observation and MCA 45-8-213 for communications) rather than a single comprehensive surveillance law
• Deepfake coverage: The 2025 amendment places Montana among states that specifically criminalize AI-generated intimate images
• WDEA protections: Montana's unique employment law provides additional context for workplace surveillance disputes

TAKE IT DOWN Act (Federal, May 19 2025)

The TAKE IT DOWN Act, signed May 19, 2025 (Pub. L. 119-12), is the most significant recent federal development in the non-consensual intimate image (NCII) space. Its one-year platform-compliance deadline of May 19, 2026 has now passed. The Act criminalizes publishing NCII -- including AI-generated deepfakes -- online without the depicted person's consent, and requires covered platforms to remove flagged content within 48 hours of receiving a valid takedown request. It creates both criminal liability and a federal civil right of action.

For voyeurism and hidden-camera victims in Montana, the TAKE IT DOWN Act provides a federal enforcement layer that complements MCA 45-5-223 (surreptitious visual observation) and MCA 45-8-213(1)(d)/(1)(e) (the 2025 NCII amendment). A person who surreptitiously records someone in a private setting and then publishes that content online may face simultaneous prosecution under Montana's voyeurism statute, Montana's NCII statute, and the TAKE IT DOWN Act.

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