Mont. Code Ann. § 45-5-223

Surreptitious Visual Observation Or Recordation -- Place Of Residence -- Public Place -- Exceptions

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TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 2. Assault and Related Offenses

Surreptitious Visual Observation Or Recordation -- Place Of Residence -- Public Place -- Exceptions

45-5-223. Surreptitious visual observation or recordation -- place of residence -- public place -- exceptions. (1) A person commits the offense of surreptitious visual observation or recordation in a place of residence if the person purposely or knowingly hides, waits, or otherwise loiters in person or by means of a remote electronic device within or 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 without the occupant's knowledge; or

(b) by means of an electronic device, surreptitiously observing or recording the visual image of any occupant in the residence without the occupant's knowledge.

(2) A person commits the offense of surreptitious visual observation or recordation in public if the person purposely or knowingly observes or records a visual image of the sexual or intimate parts of another person in a public place without the other person's knowledge when the victim has a reasonable expectation of privacy.

(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 person convicted of an offense under subsection (1) or (2) 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.

History: En. Sec. 1, Ch. 62, L. 1997; amd. Sec. 3, Ch. 303, L. 1997; amd. Sec. 1, Ch. 75, L. 2015.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2010–2025 · leading case: State v. Partain

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State v. Partain (2025) mont · cites it 4× “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.”

State v. Griego (2016) mont · cites it 2× “; two counts of felony aggravated assault, in violation of § 45-5-202, MCA; one count of felony assault with a weapon, in violation of § 45-5-213(1)(b), MCA; one count of felony attempted sexual intercourse without consent, in violation of §§ 45-5-503 and 45-4-103, MCA; and one…”

Miller v. G.F. Athletic Club (2010) mont · cites it 2× “, 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 under §…”

Sperle v. State (2020) mont · cites it 2× “¶3 On October 26, 2016, the State of Montana charged Sperle with 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…”

State v. 4th Judicial Dist. (2023) mont · cites it 2× “The State charged Partain with the offenses of sexual abuse of children (victim under the age of 16), in violation of § 45-5-625(1)(b), (2)(b), MCA, a felony, and with surreptitious visual observation or recordation in a residence, a misdemeanor, in violation of §…”

Matter of Courts of Limited Jurisdi (2010) mont “§ 45-5-223 SURREPTITIOUS 1st • $500 fine or 6 months jail, or both.”

— Mont. Code Ann. § 45-5-223(1)(b) — 4 cases

State v. Partain (2025) mont “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.”

State v. Griego (2016) mont “; two counts of felony aggravated assault, in violation of § 45-5-202, MCA; one count of felony assault with a weapon, in violation of § 45-5-213(1)(b), MCA; one count of felony attempted sexual intercourse without consent, in violation of §§ 45-5-503 and 45-4-103, MCA; and one…”

Sperle v. State (2020) mont “¶3 On October 26, 2016, the State of Montana charged Sperle with 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…”

State v. 4th Judicial Dist. (2023) mont “The State charged Partain with the offenses of sexual abuse of children (victim under the age of 16), in violation of § 45-5-625(1)(b), (2)(b), MCA, a felony, and with surreptitious visual observation or recordation in a residence, a misdemeanor, in violation of §…”

— Mont. Code Ann. § 45-5-223(3) — 2 cases

Miller v. G.F. Athletic Club (2010) mont “, 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 under §…”

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