Under North Dakota law, anyone who is a party to a conversation or who has obtained consent from one party to the conversation may legally record or disclose the contents of any wire or oral communication so long as he does not have criminal or tortious intent. N.D. Cent. Code § 12.1-15-02.
If a third party intentionally intercepts or discloses any wire or oral communication by any electronic, mechanical, or other device, it is a felony, carrying a maximum penalty of a $5,000 fine and imprisonment for five years. N.D. Cent. Code §§ 12.1-15-02(1) (2008), 12.1-32-01.
“Oral communication” means any words uttered by a person exhibiting an expectation that such communication is not subject to interception. N.D. Cent. Code § 12.1-15-04(5).
Eavesdropping “secretly loitering about a building” with the intent to overhear informationis a misdemeanor. N.D. Cent. Code § 12.1-15-02(2). To publish overheard information with intent to annoy or injure others is a misdemeanor, punishable by up to one year’s imprisonment and a fine of up to $2,000. N.D. Cent. Code § 12.1-32-01.