Peeping Tom laws—also known as voyeurism laws or invasion of privacy laws—generally make it illegal and a criminal offense to peek into windows or doors on private property to view a person who is fully or partially naked for the purpose of sexual desire or gratification.
Peeping Tom laws vary from state to state and some states require that the victim not realize he or she was being viewed and that the victim had a reasonable expectation of privacy (was in a place where it was reasonable to expect privacy). And some states specifically address the use of unmanned aircraft (drones), cameras, video cameras, and binoculars in connection with such peeping. Some state statutes specifically prohibit peeking into bathrooms, dressing rooms, showers, and baths. And some states characterize this criminal offense as trespassing with the intent to peer or peep.
Peeping Tom laws are located in a state’s statutes—often in the penal or criminal code.
In North Dakota, Peeping Tom laws are addressed under the state's disorderly conduct statutes. Specifically, North Dakota Century Code Section 12.1-31-01 outlines that it is a class A misdemeanor for an individual to engage in 'intrusive behavior', which includes peering through windows or doors on private property without consent for the purpose of spying or invading someone's privacy. This applies particularly when the individual observed is in a state of undress or involved in a private act, and where there is a reasonable expectation of privacy. The law does not require that the victim be unaware of being viewed, but it does require that the act be done with the intent to intrude upon the privacy of the person. Additionally, North Dakota law addresses the use of electronic or mechanical means, such as cameras or drones, to conduct such surveillance or peeping, which can lead to more severe charges. The state does not specifically categorize this offense as trespassing, but the underlying conduct may also constitute trespassing if the perpetrator unlawfully enters onto private property.