Recording Law for Video-Only Recording in Montana

Montana has no law that restricts recording video without audio. The state’s main recording statute (§45-8-213) criminalizes recording 'a conversation' using a hidden electronic or mechanical device, which targets audio (speech) reproduction. Silent video with no audio captured is not 'a conversation' and falls outside this provision. If your camera or smartglasses do not record audio and are not hidden, Montana law does not require anyone’s consent to record video in public or in a place where others can see you. This means you can openly wear or use a camera to record video-only situations without breaking the law.

Two narrow exceptions exist. First, you cannot secretly watch or record an occupant of a private residence without their knowledge under §45-5-223. Second, you cannot record someone’s sexual or intimate body parts in a public place where they have a reasonable expectation of privacy, even with a visible device. Outside of these situations, video-only recording is not restricted by Montana’s criminal recording laws as long as the device is not hidden.

A device is “hidden” if it is concealed or used in a way that hides its recording function from the people being recorded. Wearing a camera openly on your chest, glasses, or a lanyard is not hidden if the device’s recording function is visible to those present. If the device is visible and not disguised, Montana’s recording law does not apply to video-only capture, regardless of location.

Montana’s constitution protects a right to privacy under Article II, § 10, which has mainly been applied against government searches or monitoring. This constitutional protection could support a civil invasion-of-privacy claim in places where a person has a genuine expectation of privacy, such as a restroom stall or a closed exam room, even if the device is not hidden. This risk is civil, not criminal, and depends on the facts of each case. For ordinary public spaces like sidewalks or stores, this is not a concern.

The main recording statute (§45-8-213) is a criminal offense punishable as a misdemeanor for a first offense, with higher penalties for repeat offenses. A separate statute (§45-5-223) creates a stricter offense for surreptitious visual observation or recording of an occupant within or near a private residence without the occupant’s knowledge, with penalties escalating to up to 5 years imprisonment and a $10,000 fine on a third-or-subsequent conviction. These crimes only apply when someone secretly records a conversation or records inside a residence without permission. Video-only recording with a visible device does not trigger these penalties.

Montana has no law barring citizens from recording police officers performing official duties in public. The state sits within the Ninth Circuit, which has recognized a First Amendment right to record law enforcement officers engaged in the exercise of their official duties in public places. As long as the device is openly visible and you do not interfere with the officers’ work, recording police in public is lawful.

Imagine you are wearing clear smartglasses in a grocery store and record a disagreement between a shopper and an employee. The glasses capture video only, and are clearly visible. Because the device is not hidden and the setting is a public space, Montana law allows this recording without anyone’s consent. If the dispute later escalates, you could use the video as evidence. This is legal under Montana’s current rules.