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Peeping, Hidden Cameras and Private Images

MCA 45-5-223 — secretly watching or recording someone at home, up to $500 and 6 months the first time

It is an offense to hide, wait or loiter, in person or by a remote device, near a residence to secretly watch an occupant or to record their image without their knowledge, or to record the intimate parts of a person in a public place where they reasonably expect privacy.

  • MCA 45-5-223
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Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.

ConvictionUp to
ConvictionFirstUp to$500 and 6 months
ConvictionSecondUp to$1,000 and 1 year
ConvictionThird or laterUp to$10,000 and 5 years
  • MCA 45-5-223

Sharing or threatening to share images. Publishing nude or sexual images of an identifiable person without consent, real or digitally fabricated, to harass or to get money, or threatening to disclose them for money, is violating privacy in communications.

Sources for this section (2)
  1. MCA 45-5-223 — Surreptitious visual observation or recordation -- place of residence -- public place -- exceptions
  2. MCA 45-8-213 — Privacy in communications

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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