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is this legal to record a conversation?

Is this legal to record a conversation without permission from another party in state of Missouri?

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  • 1 decade ago
    Favorite Answer

    Unfortunately, it is not always easy to tell which law applies to a communication, especially a phone call. For example, if you and the person you are recording are in different states, then it is difficult to say in advance whether federal or state law applies, and if state law applies which of the two (or more) relevant state laws will control the situation. Therefore, if you record a phone call with participants in more than one state, it is best to play it safe and get the consent of all parties. However, when you and the person you are recording are both located in the same state, then you can rely with greater certainty on the law of that state. In some states, this will mean that you can record with the consent of one party to the communication. In others, you will still need to get everyone's consent.

    Known as the "Two-party Consent" law...the following states require both parties consent:

    California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people.

    One person answering your question included the State of Alabama. As an officer in Alabama I am aware that the State of Alabama is NOT a two-party consent state. Additionally, your state, Missouri, is also NOT a two-party consent state.

    Source(s): Police Officer +30 years
  • 1 decade ago

    In Missouri, a conversation can be recorded as long as 1 party gives permission.

    If you want to record your own telephone conversations, you can do so without notifying the other party.

    You can not record your wife's, or children's phone calls without permission of 1 party in the conversation.

    Reporters Committee for the freedom of the press;

    An individual who is a party to a wire communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is intercepting the communication for the purpose of committing a criminal or tortious act. Mo. Rev. Stat. § 542.402. Recording or disclosing the contents of a wire communication by all other persons is a felony.

    Anyone whose communications have been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of violation or $1,000, and can recover punitive damages, attorney fees and litigation costs as well. Mo. Rev. Stat. § 542.418.

    A Missouri appellate court has held that radio broadcasts from cordless telephones are not wire communications, and thus, recording such radio broadcasts is not illegal under the eavesdropping statute. Missouri v. King, 873 S.W.2d 905 (Mo. App. 1994).

    It is also a felony to view or photograph a person in “a state of full or partial nudity” if the person “is in a place where he would have a reasonable expectation of privacy.” Mo. Rev. Stat. § 565.253.

    Source(s): Reporters Committee for the Freedom of the Press (RCFP)
  • 1 decade ago

    No. Your state is on the list of states that require you to notify the other party that they're being recorded:

    Alabama

    Alaska

    Arizona

    Arkansas

    Colorado

    District Of Columbia

    Georgia

    Hawaii

    Idaho

    Illinois

    Indiana

    Iowa

    Kansas

    Kentucky Louisiana

    Maine

    Minnesota

    Mississippi

    Missouri

    Nebraska

    Nevada

    New Jersey

    New Mexico

    New York

    North Carolina

    North Dakota

    Oklahoma Oregon

    Ohio

    Rhode Island

    South Carolina

    South Dakota

    Tennessee

    Texas

    Utah

    Vermont

    Virginia

    West Virginia

    Wisconsin

  • Anonymous
    1 decade ago

    In some cases, no.

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