{"data":{"id":"us-mt/45-5-223","jurisdiction":"us-mt","citation":"45-5-223","heading":"Surreptitious visual observation or recordation -- place of residence -- public place -- exceptions.","body":"(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:\n(a) watching, gazing at, or looking upon any occupant in the residence in a surreptitious manner without the occupant's knowledge; or\n(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.\n(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.\n(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.\n(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.","path":["TITLE 45. CRIMES","CHAPTER 5. OFFENSES AGAINST THE PERSON","Part 2. Assault and Related Offenses"],"source_url":"https://mca.legmt.gov/bills/mca/title_0450/chapter_0050/part_0020/section_0230/0450-0050-0020-0230.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:30Z","sha256":"fb358d876dabab05326f04ad1a15786e4565c205d54711a29c844932ad67fbde","source_id":"us-mt","stale":false,"prev":"us-mt/45-5-222","next":"us-mt/45-5-224"},"notice":"GroundRules: Original legal text. Not legal advice."}