Recording Without consent
Montana’s privacy law is found under Montana Code Annotated 45-8-213, titled Privacy in Communications. This statute makes it a crime for anyone who “records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation.” Simply put, if you record a private conversation without the consent or knowledge of everyone involved, you can be charged with a criminal offense...
There are a few important exceptions to this rule. Recordings made by public officials or employees performing their duties are generally allowed, as are recordings of public meetings where there is no reasonable expectation of privacy. Additionally, if a person is clearly warned that a conversation is being recorded, either party is permitted to continue recording. Outside of these narrow exceptions, secretly recording others without their knowledge can result in serious criminal consequences.
The penalties for violating Montana’s Privacy in Communications law can vary, but even a first offense can lead to up to six months in jail and a fine of up to $500. Repeat offenses carry harsher consequences, including possible state prison sentences of up to five years and fines reaching $10,000. In addition to the criminal penalties, any recording obtained illegally is likely to be inadmissible in court. That means even if you believed you were protecting yourself by capturing evidence, the recording could not be used, and you could still be prosecuted for making it.
Consider a common example: a person suspects a coworker is speaking negatively about them to a supervisor. They hide their phone under a desk to capture the conversation, believing it will prove they are being treated unfairly. When the recording is discovered, however, the individual isn’t seen as a whistleblower, they are charged with violating Montana’s Privacy in Communications law. What began as an attempt to “get proof” turns into a criminal case.
These situations happen more often than people think. From domestic disputes and workplace conflicts to recordings of friends, neighbors, or even police officers, the question of whether a recording is legal depends on consent, context, and intent. The law is designed to protect privacy, but its limits are not always intuitive.
If you are facing charges related to recording without consent, or if you believe someone has illegally recorded you, it’s important to seek legal counsel immediately. These cases often depend on small details, where the recording happened, who was involved, and whether there was any warning or expectation of privacy.
At Ryan, Miller & Coburn, we defend individuals accused of violating Montana’s privacy and communication laws. Our attorneys understand the nuances of consent, technology, and privacy rights, and we work to ensure that every client’s rights are protected.
Before you hit “record,” remember: in Montana, privacy isn’t just a courtesy, it’s protected by law.
