North Dakota
North Dakota Public Recording Laws: Filming Rights in Public Spaces (2026)
Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 3 primary sources cited on this page. How we verify our legal content
In North Dakota, silent video and photography in public spaces are legal under First Amendment protections. Audio recording of conversations you participate in is also permitted under N.D. Cent. Code § 12.1-15-02, the state's one-party consent statute. No state law prohibits recording in public.
North Dakota broadly protects your right to record in public. The state has no law prohibiting photography, video recording, or audio recording in public spaces. The wiretapping statute under N.D.C.C. § 12.1-15-02 applies one-party consent to audio recording, and the First Amendment provides constitutional protection for recording activity in public.
This guide covers public filming rights, government meeting recording under the Open Records and Meetings Law, government building rules, and recording on private property open to the public.
First Amendment Recording Rights
Federal courts recognize broad First Amendment rights to record in public spaces. In North Dakota, you can record people on streets and sidewalks, buildings, public events, protests, government buildings (public areas), and anything visible from public property.
Recording Government Meetings
North Dakota's Open Records and Meetings Law (N.D.C.C. Chapter 44-04) requires most government meetings to be open. A "meeting" includes any gathering of a quorum regarding public business. You can record city council meetings, county commission meetings, school board meetings, legislative proceedings, and public hearings.
Closed executive sessions are permitted for limited purposes and recording is not allowed during those portions.
The North Dakota Attorney General's office provides guidance and enforcement support for open meetings violations.
Recording in Government Buildings
Public areas of government buildings (lobbies, hallways, service counters) are generally available for recording. Restricted areas include courtrooms during proceedings (subject to court rules), secure areas of law enforcement facilities, and restricted federal building areas.
Recording on Private Property Open to the Public
Stores, restaurants, and entertainment venues allow recording until the owner asks you to stop. If asked to stop and you refuse to leave, you may face trespass charges.
Audio Recording in Public
North Dakota's one-party consent rule applies to audio recording in public. You can record conversations you participate in. For recording conversations between others in public, consider whether the speakers exhibit an expectation that their communication is not subject to interception (the definition of "oral communication" under § 12.1-15-04).
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
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Frequently Asked Questions
Can I record video in public in North Dakota?
Yes. North Dakota has no law prohibiting video recording in public spaces. The First Amendment protects your right to film on public streets, sidewalks, and parks.
Can I record a city council meeting in North Dakota?
Yes. The Open Records and Meetings Law requires government meetings to be open. Recording of open sessions is permitted.
Can I record audio in public without consent in North Dakota?
One-party consent applies. You can record conversations you participate in. For conversations between others, consider whether the speakers have a reasonable expectation of privacy.
Can a store tell me to stop recording in North Dakota?
Yes. Private property owners can ask you to stop recording and leave. Refusing to leave after being asked may result in trespass charges.
Can I film inside a North Dakota courthouse?
You can generally record in public areas like lobbies. Recording inside courtrooms is subject to the judge's discretion and court rules.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Dakota Century Code
§ 12.1-15-02Interception of wire or oral communications - EavesdroppingIn forcecited in 17 of our articles
A person is guilty of a class C felony if he: Intentionally intercepts any wire or oral communication by use of any electronic, mechanical, or other device; or Intentionally discloses to any other person or intentionally uses the contents of any wire or oral communication, knowing that the information was obtained through the interception of a wire or oral communication. A person is guilty of a class A misdemeanor if he secretly loiters about any building with intent to overhear discourse or conversation therein and to repeat or publish the same with intent to vex, annoy, or injure others. It is a defense to a prosecution under subsection 1 that: The actor was authorized by law to intercept, disclose, or use, as the case may be, the wire or oral communication. The actor was: A person acting under color of law to intercept a wire or oral communication, and He was a party to the communication or one of the parties to the communication had given prior consent to such interception.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2023
In the courts (editorial summary, independently checked):Fargo Women's Health Organization, Inc. v. Larson (1986) applied the subsection 3(c) defense to this section and held that recordings of calls were properly admitted because the callers knew of and consented to the recording of their own conversations.
Opinions citing this section in our collection:
- Fargo Women's Health Organization, Inc. v. Larson (North Dakota Supreme Court 1986, 391 N.W.2d 627)✓A private investigator hired by an abortion clinic recruited callers to phone a rival anti-abortion clinic and recorded the calls with the callers' consent; the court held that consent triggered the defense in section 12.1-15-02(3)(c), so the tapes were admitted.
- Bartnicki v. Vopper (Supreme Court of the United States 2001, 532 U.S. 514)“…Ann. § 30-12-1 (1994); N. C. Gen. Stat. § 15A-287 (1999); N. D. Cent. Code § 12.1-15-02 (1997); Ohio Rev. Code Ann. § 2933.52…”
- American Civil Liberties Union of Ill. v. Alvarez (Court of Appeals for the Seventh Circuit 2012, 679 F.3d 583)“…55 § 750.539c; N.D. Cent. Code. Ann. § 12.1-15-02. The Cali- fornia statute is illustrat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota Recording Laws (2026): One-Party Consent Rules, North Dakota Smart Glasses Recording Laws (2026), North Dakota AI Meeting Recording Laws (2026)
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Sources and References
- N.D.C.C. § 12.1-15-02(ndlegis.gov).gov
- ND AG Open Records(attorneygeneral.nd.gov).gov
- ND Open Meetings(ndlegis.gov).gov