§ 12.1-31-14 — Surreptitious intrusion or interference with privacy

1. An individual is guilty of a class B misdemeanor if, with intent to intrude upon or
interfere with the privacy of another, the individual:
a. Enters upon another's property and surreptitiously gazes, stares, or peeps into a
house or place of dwelling of another; or
b. Enters upon another's property and surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting sounds or
events from a house or place of dwelling of another.
2. An individual is guilty of a class B misdemeanor if, with intent to intrude upon or
interfere with the privacy of an occupant, the individual:
a. Surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a
hotel, or other place where a reasonable individual would have an expectation of
privacy; or
b. Surreptitiously installs or uses any device for observing, photographing,
recording, amplifying, or broadcasting sounds or events from a tanning booth, a
sleeping room in a hotel, or other place where a reasonable individual would have
an expectation of privacy.
3. An individual is guilty of an infraction if the individual enters upon another's property
and installs any device for observing, recording, or photographing wildlife while the
owner of the device is absent unless:
a. The individual has written permission from the owner or an individual authorized
by the owner of the property; and
b. The device has a permanently affixed metal or plastic tag with a registration
number issued by the game and fish department, or the individual's name,
address, and telephone number.
4. In a prosecution under this section, it is an affirmative defense that an individual was
acting pursuant to section 50-10.2-02.1.