Table of Contents TITLE 45. CRIMES CHAPTER 5. OFFENSES AGAINST THE PERSON Part 2. Assault and Related Offenses
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26 45-5-201 54 45-5-202 18 45-5-203 3 45-5-204 9 45-5-205 84 45-5-206 75 45-5-207 11 45-5-208 7 45-5-209 33 45-5-210 45-5-211 13 45-5-212 66 45-5-213 3 45-5-214 38 45-5-220 1 45-5-221 45-5-222 5 45-5-223 1 45-5-231 45-5-232 45-5-233 45-5-234

Mont. Code Ann. § 45-5-223

(2011)

Surreptitious visual observation or recordation -- place of residence -- public establishment -- exceptions

(1) A person commits the offense of surreptitious visual observation or recordation in a place of residence if a person purposely or knowingly hides, waits, or otherwise loiters in the vicinity of a private dwelling house, apartment, or other place of residence for the purpose of:

(a) watching, gazing at, or looking upon any occupant in the residence in a surreptitious manner; or

(b) by means of an electronic or mechanical recording device, surreptitiously recording the visual image of any occupant in the residence.

(2) An owner, manager, or employee of a business or a landlord who knowingly surreptitiously records a visual image of a person in a restroom, washroom, shower, bedroom, fitting room, or other room used by a customer, guest, tenant, or member of the public to, with a reasonable expectation of privacy, change or try on clothes, bathe, perform intimate bodily functions, or appear nude or partially nude or in underclothes commits the offense of surreptitious visual recordation in a public establishment.

(3) Subsections (1) and (2) do not apply to a law enforcement officer, an agent or employee of an insurer, or a private investigator licensed pursuant to 37-60-301 or to any person engaged in fraud detection, prevention, or prosecution pursuant to 2-15-2015 or 39-71-211 while the officer, agent, employee, or private investigator is acting in the course and scope of employment for legitimate investigative purposes.

(4) (a) A person convicted of the offense of surreptitious visual observation or recordation in a place of residence shall be fined an amount not to exceed $500 or be incarcerated in the county jail for a term not to exceed 6 months, or both. Upon a second conviction, a person shall be fined an amount not to exceed $1,000 or be incarcerated for a term not to exceed 1 year, or both. Upon a third or subsequent conviction, a person shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 5 years, or both.

(b) A person convicted of the offense of surreptitious visual recordation in a public establishment shall be fined an amount not to exceed $1,000 or incarcerated for a term not to exceed 6 months, or both, if the victim was an adult and shall be fined an amount not to exceed $5,000 or incarcerated for a term not to exceed 2 years, or both, if the victim was a minor.

Opinions construing this section

5 opinions
2025 MT 83 Apr 29, 2025 Reversed
State v. Partain
Majority by Cory J. Swanson · 5 to 0 with 2 concurring
1 Because Partain pleaded guilty, we state the facts as charged in the State’s Information and as admitted to at Partain’s change of plea hearing. 2 § 45-5-223(1)(b), MCA. Because the victim was under age 16, the State sought an enhanced minimum sentence of at least four years pursuant to § 45-5-625(2)(b), MCA. ¶5 Partain ple
2020 MT 232N Sep 15, 2020 Affirmed
Sperle v. State
Majority by Mike McGrath · 4 to 0 with 1 concurring
th four counts of felony Sexual Abuse of Children under § 45-5-625(1)(b), MCA, one count of misdemeanor Surreptitious Visual Observation or Recordation under § 45-5-223(1)(b), MCA, and one count of felony Tampering with or Fabricating Physical Evidence under § 45-7-207(1)(a), MCA. Each count of Sexual Abuse of Children carried a possibl
2019 MT 12N Jan 15, 2019 Affirmed
State v. Wallace
Majority by Beth Baker · 5 to 0
7(1), MCA, for Wallace’s alleged attempted improper sexual contact with his son J.W.; and (4) Count 4, misdemeanor surreptitious recordation, in violation of § 45-5-223(1), MCA, for Wallace’s alleged video recording of his adopted daughter C.G.W.’s genital area while she was sitting at a computer desk. The Cascade County jury con
2016 MT 207 Aug 23, 2016 Affirmed
State v. Griego
Majority by Michael E Wheat · 5 to 0
, in violation of §§ 45-5-503 and 45-4-103, MCA; and one count of misdemeanor surreptitious visual observation or recordation in a residence, in violation of § 45-5-223(1)(b), MCA. On December 16, 2013, Griego filed a motion to change venue based on the amount of pretrial publicity surrounding the investigation, Griego’s background and
2010 MT 171N Aug 10, 2010 Affirmed
Miller v. G.F. Athletic Club
Concurring by James C. Nelson · 4 to 0 with 1 concurring
acy under Article II, Section 10 and to be free from unreasonable (i.e., warrantless) searches and seizures under Article II, Section 11 are not implicated by § 45-5-223(3), MCA. This section excepts out apparently warrantless, surreptitious videotaping by agents of insurance companies and by private investigators licensed by the State
Official Annotations archive.org, 2011 edition
History:
En. Sec. 1, Ch. 62, L. 1997
Amd. Sec. 3, Ch. 303, L. 1997
Source text on leg.mt.gov