North Dakota Code 12.1-31-14 – Surreptitious intrusion or interference with privacy
1. An individual is guilty of a class B misdemeanor if, with intent to intrude upon or interfere with the privacy of another, the individual:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 30 days | up to $1,500 |
| Infraction | up to $1,000 |
Terms Used In North Dakota Code 12.1-31-14
- Individual: means a human being. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. Enters upon another’s property and surreptitiously gazes, stares, or peeps into a house or place of dwelling of another; or
b. Enters upon another’s property and surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a house or place of dwelling of another.
2. An individual is guilty of a class B misdemeanor if, with intent to intrude upon or interfere with the privacy of an occupant, the individual:
a. Surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a hotel, or other place where a reasonable individual would have an expectation of privacy; or
b. Surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a tanning booth, a sleeping room in a hotel, or other place where a reasonable individual would have an expectation of privacy.
3. An individual is guilty of an infraction if the individual enters upon another’s property and installs any device for observing, recording, or photographing wildlife while the owner of the device is absent unless:
a. The individual has written permission from the owner or an individual authorized by the owner of the property; and
b. The device has a permanently affixed metal or plastic tag with a registration number issued by the game and fish department, or the individual’s name, address, and telephone number.
4. In a prosecution under this section, it is an affirmative defense that an individual was acting pursuant to section 50-10.2-02.1.