The Security Camera Laws in North Dakota

Sharing is caring!

Known for its vast plains, oil production, and rich agricultural history, North Dakota has its own unique challenges when it comes to property safety and security. If you are planning to install security cameras in your home or business, understanding the security camera laws in North Dakota is essential. Here’s what you need to know.

1. What are the Security Camera Laws in North Dakota?

In North Dakota, as with many states, there are laws to balance privacy rights with security needs. The idea is simple: while you definitely want to keep your premises safe, you also need to respect the privacy of others.

Video Surveillance

North Dakota law doesn’t explicitly prohibit the use of video surveillance cameras in most public places or even on private property. This means, as a homeowner or business owner, you’re generally free to install cameras as you see fit. But here’s the catch: it’s illegal to install them in places where people have a reasonable expectation of privacy, like bathrooms or changing rooms.

Audio Recording

Now, this is where you need to be a tad more careful. Under North Dakota Century Code § 12.1-15-02, it’s illegal to intentionally intercept or record any wire, oral, or electronic communication unless you’re a party to the conversation or you’ve received consent from one of the parties. In simpler terms? If your security camera has audio recording features, you either need to turn that feature off or notify people that they’re being audio-recorded.

Making It Work For You:

• Post Signs: It’s a good practice, and sometimes legally required, to put up clear signs informing people that they’re under surveillance. This not only acts as a deterrent to potential wrongdoers but also keeps you on the right side of the law.
• Choose Wisely: Given the stipulations around audio recording, consider purchasing cameras without audio capabilities or ensure the audio function can be disabled.
• Be Respectful: Always remember the “reasonable expectation of privacy” principle. Even if it’s your property, avoid placing cameras in areas where someone would reasonably expect privacy.
• Storage and Sharing: If you’re storing footage, make sure it’s secure and only accessible to authorized individuals. Never share or use the footage for any purpose other than security unless required by law enforcement.

While setting up security cameras in North Dakota can be a great move to enhance the safety of your home or business, it’s essential to tread carefully. Knowledge is power, and being informed will help you utilize security measures effectively and legally.

2. Other North Dakota Laws Related to Security Cameras

Here are a few other laws that can apply to security cameras, depending on the circumstances.

• Harassment and Stalking (NDCC § 12.1-17-07.1): Prohibits any person from purposely engaging in conduct that causes another individual to be frightened or intimidated. Installing a camera pointed directly at someone else’s property or private area, specifically with the intent to intimidate or harass, could potentially violate this law.
• Voyeurism (NDCC § 12.1-20-12.2): It’s illegal to surreptitiously use any device to spy or record another person in a state of undress or in a private act without their knowledge. Security cameras should never be placed in areas where individuals have an expectation of privacy, such as restrooms, changing rooms, or bedrooms. Doing so could constitute voyeurism.
• Trespass (NDCC § 12.1-22-03): This law prohibits a person from knowingly entering or remaining on a property without the consent of the owner. Installing security equipment on another person’s property without their permission could be considered trespassing.

3. Penalties for Breaking the Security Camera Laws in North Dakota

We all want to keep our spaces safe with security cameras, right? But let’s not forget: breaking North Dakota’s surveillance rules is no joke! Get caught on the wrong side of the law, and you might find yourself in a bit of a bind—like facing criminal charges.

• Video Surveillance: Penalties: While North Dakota law doesn’t specify penalties for this exact scenario, violating someone’s reasonable expectation of privacy could result in civil suits for invasion of privacy. Infringement could lead to damages, both compensatory and punitive, depending on the severity of the violation.
• Audio Recording (NDCC § 12.1-15-02): Violating this provision is a class C felony, which can lead to imprisonment up to 5 years and/or a fine up to $10,000.
• Harassment and Stalking (NDCC § 12.1-17-07.1): If found guilty, the person would be committing a class A misdemeanor for a first offense, leading to imprisonment up to 1 year and/or a fine up to $3,000. Subsequent offenses within a 10-year period, given that the victim is the same, would be considered a class C felony.
• Voyeurism (NDCC § 12.1-20-12.2): A person found guilty is charged with a class A misdemeanor, resulting in imprisonment up to 1 year and/or a fine up to $3,000. If the victim is under 18, the offense escalates to a class C felony, which could lead to imprisonment up to 5 years and/or a fine up to $10,000.
• Trespass (NDCC § 12.1-22-03): Trespass in most instances is a class B misdemeanor, punishable by imprisonment up to 30 days and/or a fine up to $1,500. However, if committed on agricultural land with a dwelling or if the individual possesses a firearm or dangerous weapon, it escalates to a class A misdemeanor.

4. Can I Install a Security Camera in My North Dakota Home?

So, you’re thinking about leveling up the security of your North Dakota residence with a shiny new camera? Great choice! But, as with everything, there are some things to keep in mind.

Do	Don’t
Install cameras at entry and exit points, driveways, or other areas for monitoring activities.	Point your camera directly into your neighbor’s bedroom or backyard pool. Respect the privacy boundaries!
Consider adding signage to notify visitors of surveillance – courteous and a deterrent.	Forget the one-party consent rule if your camera records audio. At least one person being recorded should be aware of and consent to the recording.

Living in a Multi-Family Unit?

• Before you rush to install that camera on your balcony or front door, take a minute to glance through your lease agreement or community regulations. Some places might have specific clauses about where and how you can set up cameras.
• It’s always a good idea to discuss with your property manager or HOA if you’re unsure.

5. Can I Install a Security Camera in My North Dakota Business?

Yes, North Dakota businesses can employ security cameras for protection and monitoring. To remain compliant with state laws, businesses should inform employees and customers of surveillance. Posting visible signs is a common and effective method to notify individuals.

Why Use Security Cameras in Business?

1. Protection: Guard against theft, vandalism, or any malicious activity.
2. Monitoring: Keep a watchful eye on inventory, cash registers, and other vital business areas.
3. Evidence: Have a reliable witness in case of any disputes or incidents.

Camera Placement: The Golden Rules

👍 Good Spots	👎 Avoid These Areas
Entrances and exits	Restrooms
Parking lots	Employee changing rooms or lounges
Inventory storage areas	Any spot where someone expects privacy

Communication is Key

If you’re installing cameras, especially ones that capture audio, make sure your employees are in the loop. And those lovely folks who patronize your business? A visible sign, say at the entrance, works wonders to inform them that they’re on camera.

6. How to File a Complaint if Someone is Violating the Security Camera Laws in North Dakota

Feeling like your privacy has been invaded by someone’s sneaky surveillance in North Dakota? It’s a discomforting feeling, for sure. Don’t fret! We’ve got you covered with a step-by-step guide on addressing it the right way.

Take a Deep Breath and Document

Before you charge ahead, remember to document everything:

• Capture photographs or videos that showcase the violation.
• Jot down dates, times, and any suspicious activities you notice.
• Were there any witnesses? Get their names and statements if possible.

File That Complaint

Your next step? Heading to your local police department. Equip yourself with:

• The evidence you’ve gathered.
• A detailed written description of the violation.
• Witness details, if any.

What to Include in Your Complaint
Descriptions of the violation
Dates and times of observed violations
Any evidence (photos/videos)
Witness names and contact information, if any
Other relevant details

Setting Expectations

While we’d all love instant results, understand that a complaint might not always snowball into legal action. But hey, the silver lining? Your proactive step could very well deter that nosy neighbor or peeping Tom from future violations.

Considering Legal Action? Get Expert Advice

If you’re thinking of taking things up a notch and diving into legal proceedings, a chat with an attorney is worth its weight in gold. Seek out someone who’s got their finger on the pulse of North Dakota’s privacy laws. They’ll offer you insights, potential pathways, and that ever-important peace of mind.

Conclusion

Security cameras offer an added layer of protection for homes and businesses, but it’s paramount to be aware of North Dakota’s specific regulations. Ensuring your surveillance system is compliant can save you from potential legal hassles down the road.

Security Camera Laws in Other States

• The Security Camera Laws in North Carolina
• The Security Camera Laws in New Mexico
• The Security Camera Laws in New Jersey

FAQs

Do I need a permit for security cameras in my North Dakota business?

No, you do not need a specific permit to install security cameras in your North Dakota business. However, it’s essential to ensure that the cameras adhere to state privacy laws and do not invade areas where individuals have a reasonable expectation of privacy.

Can you video-record someone without their consent in North Dakota?

Yes, you can video-record someone without their consent in North Dakota, provided it’s in a location where there is no reasonable expectation of privacy. However, audio recording requires at least one party’s consent.

Are hidden cameras illegal in North Dakota?

Hidden cameras are not inherently illegal in North Dakota. Still, their use becomes illegal if they record areas where individuals have a reasonable expectation of privacy, such as bathrooms, changing rooms, or personal living spaces.