North Dakota
North Dakota Video Recording Laws: Surveillance, Filming, and Privacy Rules (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. · 6 primary sources cited on this page. How we verify our legal content
North Dakota allows silent video recording in public spaces without restriction. When you add audio to a video of a conversation you are part of, one-party consent under N.D.C.C. § 12.1-15-02 applies. Recording intimate images in private places without consent violates state law.
North Dakota places few restrictions on video recording in public spaces. The state has no general statute prohibiting filming people in public, and the wiretapping law under N.D.C.C. § 12.1-15-02 primarily addresses audio interception rather than visual recording. The main protections against invasive video recording come from the intimate images law under N.D.C.C. § 12.1-17-07.2 and common law privacy principles.
This guide explains North Dakota's video recording laws, covering public filming rights, private property rules, intimate image protections, workplace surveillance, and how video evidence is treated in court.
Public Video Recording in North Dakota
Your Right to Film in Public
North Dakota recognizes broad rights to video record in public spaces. You can legally film:
- On public streets, sidewalks, and parks
- At public protests and demonstrations
- During public government meetings under the Open Records and Meetings Law
- At public events and gatherings
- From any location where you have a legal right to be
- Anything visible from a public vantage point
The First Amendment protects your right to gather information in public spaces, but how strongly that protection covers filming specifically is unsettled in this circuit. The Eighth Circuit, which covers North Dakota, has not recognized a clearly established First Amendment right to record police for qualified-immunity purposes; Molina v. Book (8th Cir. 2023) and Robbins v. City of Des Moines (8th Cir. 2021) both declined to find one. Chestnut v. Wallace (8th Cir. 2020) recognized only a clearly established right to passively observe police in public, not to record them. Several other circuits have recognized a broader recording right, but that authority is only persuasive, not binding, in North Dakota.
Limitations on Public Filming
- Military and federal installations may prohibit filming
- Courthouses may restrict recording during judicial proceedings
- You cannot block traffic or pedestrian access while filming
- You cannot trespass to obtain a better angle
Private Property Video Recording
Property Owner Rights
On private property, the owner sets video recording rules. Businesses and homeowners can prohibit filming and ask you to leave. Refusing to leave after being asked may result in trespass charges.
Video Surveillance on Your Own Property
North Dakota homeowners can install video surveillance cameras on their own property without permits or registration. Best practices include positioning cameras to capture your own property and avoiding aiming cameras at neighbors' private areas like bedrooms and bathrooms.
Intimate Images Law: N.D.C.C. § 12.1-17-07.2
What the Law Prohibits
North Dakota's intimate images law under N.D.C.C. § 12.1-17-07.2 makes it a Class A misdemeanor to knowingly distribute intimate images of another person without 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 person depicted
- The distributor knows the person depicted did not consent to the distribution
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, or visual recordings of a person whose intimate parts are exposed or who is engaged in sexual activity. The images must have been created under circumstances where the person had a reasonable expectation of privacy.
Federal Law: TAKE IT DOWN Act
The TAKE IT DOWN Act, signed May 19, 2025, creates a federal criminal and civil framework for nonconsensual intimate visual depictions:
- Applies to real and AI-generated intimate images distributed online without consent.
- Requires covered platforms to remove flagged content within 48 hours of notice.
- Creates a federal civil cause of action for victims.
This supplements North Dakota's § 12.1-17-07.2 and the civil Chapter 32-49 UCRUDIIA remedy. For AI-generated intimate images specifically, the TAKE IT DOWN Act's "computer or computer-generated image" coverage aligns with the explicit AI hook already in § 12.1-17-07.2's definition of intimate images.
Video Recording and the Wiretap Statute
North Dakota's wiretapping statute under N.D.C.C. § 12.1-15-02 covers "wire or oral communications." Silent video recording does not fall under this statute. Video recording that includes audio follows one-party consent rules for the audio component.
Workplace Video Surveillance
Employer Rights
North Dakota employers can install video cameras in common work areas including lobbies, sales floors, warehouses, parking lots, and hallways. Cameras cannot be placed in bathrooms, locker rooms, or changing areas.
Employee Video Recording
Employees can use personal video recording devices in common work areas. Since the wiretapping statute only covers audio interception with one-party consent applying, employees who record video with audio of conversations they participate in are protected under one-party consent. Company policies may restrict recording.
Using Video Recordings as Evidence
Video recordings made lawfully are generally admissible in North Dakota courts. Authentication, relevance, chain of custody, and the balance between probative value and prejudicial effect are evaluated. Preserve original files without editing, document circumstances, and provide footage to your attorney promptly.
Drone and Aerial Video Recording
Drone operators must comply with FAA regulations. North Dakota has been a leader in drone technology adoption. The state does not have a specific drone privacy statute, so federal FAA rules and general state privacy principles apply. The North Dakota Aeronautics Commission provides guidance on drone operations.
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
Is it legal to video record someone in North Dakota without their knowledge?
In public spaces, yes. North Dakota has no general prohibition on video recording in public. On private property, the property owner sets the rules. Recording intimate images in private settings without consent violates N.D.C.C. § 12.1-17-07.2.
Does North Dakota have a revenge porn law?
Yes. N.D.C.C. § 12.1-17-07.2 makes unauthorized distribution of intimate images a Class A misdemeanor punishable by up to 360 days in jail and a $3,000 fine, when the images were taken where the person had a privacy expectation and distribution causes emotional distress.
Can I film on private property in North Dakota?
Only with the property owner's permission. Property owners can prohibit filming and ask you to leave. On your own property, you can install security cameras as long as they do not record private areas of neighboring properties.
Can my employer put cameras in the workplace in North Dakota?
Yes, in common work areas like lobbies, sales floors, and parking lots. Cameras cannot be placed in bathrooms, locker rooms, or changing areas. There is no state law requiring employers to notify employees about workplace cameras.
Can video recordings be used as evidence in North Dakota courts?
Yes. Lawfully obtained video recordings are generally admissible. The recording must be authenticated, relevant, and its probative value must outweigh any prejudicial effect.
Updates
Corrected the First Amendment section, which incorrectly said the Eighth Circuit has favorably recognized a right to film police; current Eighth Circuit case law (Molina v. Book, Robbins v. City of Des Moines) holds that right is not clearly established, with only passive observation (Chestnut v. Wallace) protected. Also corrected the intimate-images distribution statute's mental-state element from a 'knows or should know' standard to the actual-knowledge standard the statute requires.
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)
§ 12.1-17-07.2Distribution of intimate images without or against consent - PenaltyIn forcecited in 5 of our articles
As used in this section: "Distribute" means selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, providing access to, or otherwise transferring or presenting an image to another individual, with or without consideration. "Hosting company" means a person that provides services or facilities for storing or distributing content over the internet without editorial or creative alteration of the content. "Intimate image" means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, that depicts: Exposed human male or female genitals or pubic area, with less than an opaque covering; A female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or The individual engaged in any sexually explicit conduct. "Service provider" means an internet service provider, including a person who leases or rents a wire or cable for the transmission of data.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Also relied on in: North Dakota Security Camera Laws: Home, Business, and HOA Rules (2026), North Dakota Voyeurism and Hidden Camera Laws: Penalties and Protections (2026), North Dakota Sexting Laws: Legal Consequences and Penalties
Explore the law
This article also draws on these acts and chapters (opening at their first section): North Dakota Century Code § 32-49-01 (Definitions)
Related law for further reading — not part of this article’s citations.
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Sources and References
- N.D.C.C. § 12.1-15-02(ndlegis.gov).gov
- N.D.C.C. § 12.1-17-07.2(ndlegis.gov).gov
- ND AG Open Records(attorneygeneral.nd.gov).gov
- FAA UAS(faa.gov).gov
- N.D.C.C. Chapter 32-49 - UCRUDIIA Civil NCII Remedy (2023 SB 2041)(ndlegis.gov).gov
- North Dakota Aeronautics Commission(aero.nd.gov).gov