North Dakota Recording Laws

North Dakota Recording Law Summary:

Last Updated: January 2025 | Verified against current N.D. Cent. Code Chapter 12.1-15

Quick Answer

North Dakota is a one-party consent state. You can legally record phone calls and in-person conversations as long as you’re a party to the conversation or have consent from at least one participant, provided the recording is not made for criminal or unlawful purposes. Violating North Dakota’s wiretapping laws is a Class C felony.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes (if not for criminal purposes)
Must you inform others?	No
Primary Statute	N.D. Cent. Code § 12.1-15-02
Criminal Penalty	Class C Felony (up to 5 years)
Civil Damages	Yes – statutory and actual damages

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Understanding North Dakota’s Recording Laws

The Legal Foundation

North Dakota’s wiretapping and electronic surveillance laws are found in Chapter 12.1-15 of the North Dakota Century Code. The key statutes are:

• N.D. Cent. Code § 12.1-15-02 – Interception and disclosure of wire or oral communications
• N.D. Cent. Code § 12.1-15-03 – Eavesdropping
• N.D. Cent. Code § 12.1-15-04 – Disclosure of communications prohibited

Under § 12.1-15-02, it’s illegal to willfully intercept, attempt to intercept, or procure another to intercept any wire or oral communication without the consent of at least one party.

The “No Criminal Purpose” Requirement

North Dakota law includes an important caveat: even with one-party consent, the recording must not be made for criminal or unlawful purposes. This means:

• Recording to document harassment – legal
• Recording to gather evidence for civil litigation – legal
• Recording to commit blackmail or extortion – illegal
• Recording to facilitate fraud – illegal

One-Party vs. Two-Party Consent Explained

In a one-party consent state like North Dakota, only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like California require everyone in the conversation to agree to be recorded.

Recording Phone Calls in North Dakota

Can You Record Phone Calls in North Dakota?

Yes. Under N.D. Cent. Code § 12.1-15-02, you can record any phone call you’re participating in without informing the other party, as long as you’re not recording for criminal purposes. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

The Cell Phone Question

North Dakota’s statute defines covered communications as those transmitted “wholly or partially through wire, cable, or other like connection between the point of origin and the point of reception.” Some legal scholars argue this language may not cover purely wireless cell phone conversations. However:

• North Dakota courts have not definitively ruled on this issue
• It’s prudent to treat cell phone calls as covered by the one-party consent rule
• Text messages may also fall outside the statute’s scope, but caution is advised

Recording Calls Across State Lines

If you’re in North Dakota calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana (neighboring state)
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: When calling people in two-party consent states like neighboring Montana, either inform them or get explicit consent to be safe.

Business Call Recording

North Dakota businesses can record calls for quality assurance, training, or compliance. While not legally required, many businesses choose to provide notice. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in North Dakota when:

• You’re participating in the conversation
• You’re in a public place where there’s no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)
• The recording is not for criminal or unlawful purposes

When Is It Illegal?

Recording is illegal in North Dakota when:

• You’re not a party to the conversation and don’t have consent
• You’re eavesdropping on someone else’s private conversation
• The recording is made for criminal or unlawful purposes
• You’re engaged in secret loitering to eavesdrop with intent to annoy or injure (Class A misdemeanor)

What About Recording in Your Own Home?

You can record conversations in your own home if you’re participating. However, you cannot:

• Plant a hidden device and leave to record others without being present
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

North Dakota Video Recording Laws

Public Spaces

North Dakota has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property and Privacy

On private property, the property owner sets the rules. North Dakota also has laws that prohibit:

• Recording intimate images without consent
• Recording someone in a location where they have a reasonable expectation of privacy
• Distributing intimate images without consent

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

North Dakota employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation and not recording for illegal purposes. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal under North Dakota law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in North Dakota?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In North Dakota, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording Government Meetings

North Dakota’s Open Records and Meetings Law (N.D. Cent. Code § 44-04 et seq.) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City council meetings
• County commission meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in North Dakota?

Yes, if you’re part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in North Dakota?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record DHS Workers?

Yes. Department of Human Services (DHS) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation and not recording for illegal purposes.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you’re part of. This is common in custody disputes. However:

• Don’t record your children’s private conversations without being present
• Don’t use children to secretly record the other parent
• Consider how recordings may be viewed by North Dakota family courts
• Ensure recordings are not used for harassment or intimidation (could be considered “criminal purpose”)

Can I Use a Dashcam in North Dakota?

Yes. Dashcams are legal in North Dakota. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in North Dakota

Are Recordings Admissible in Court?

Recordings made legally under North Dakota’s one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in criminal charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in North Dakota

Criminal Penalties (N.D. Cent. Code § 12.1-15-02)

Violating North Dakota’s wiretapping laws carries serious penalties:

Offense	Classification	Potential Penalty
Illegal interception	Class C Felony	Up to 5 years prison, up to $10,000 fine
Illegal disclosure/use	Class C Felony	Up to 5 years prison, up to $10,000 fine
Secret loitering to eavesdrop	Class A Misdemeanor	Up to 1 year jail, up to $3,000 fine

Civil Liability

Victims of illegal recording in North Dakota may sue for:

• Actual damages
• Statutory damages
• Punitive damages for willful violations
• Attorney’s fees and court costs

Frequently Asked Questions

Is North Dakota a one-party consent state?

Yes. North Dakota is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants, as long as you’re not recording for criminal purposes.

Is North Dakota a two-party consent state?

No. North Dakota does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in North Dakota?

Yes. As a participant in the conversation, you can record without telling the other person, provided the recording isn’t for criminal purposes.

Can I sue someone for recording me in North Dakota?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s generally legal in North Dakota.

Do I need to tell someone I’m recording in North Dakota?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in North Dakota?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in North Dakota?

Illegal interception is a Class C felony, punishable by up to 5 years in prison and fines up to $10,000.

Can recordings be used in divorce court in North Dakota?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Does North Dakota law cover cell phone calls?

This is ambiguous. The statute references “wire, cable, or other like connection” which may not cover purely wireless communications. However, it’s safest to assume one-party consent applies to all phone calls.

Related North Dakota Laws

• North Dakota Car Seat Laws
• North Dakota Child Support Laws
• North Dakota Hit and Run Laws
• North Dakota Lemon Law
• North Dakota Sexting Laws
• North Dakota Statute of Limitations
• North Dakota Whistleblower Laws

Sources and Legal References

Source	Link
N.D. Cent. Code Chapter 12.1-15	ND Legislature
Reporters Committee Recording Guide	RCFP
ND Open Records Law	ND AG

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed North Dakota attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	K.S.A. 21-6101
Kentucky	One-party consent.	KRS 526.020
Louisiana	One-party consent.	La. R.S. 15:1303
Maine	One-party consent.	15 M.R.S.A. § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Rev. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.05
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent. No criminal purpose requirement.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.