Missouri Recording Laws*

Missouri recording law stipulates that it is a one-party consent state. In Missouri, it is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party Mo. Ann. Stat. § 542.402(2)(3).

(2) For a person acting under law to intercept a wire or oral communication, where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception;

Mo. Ann. Stat. § 542.402(2)(3)

This state does stipulate that electronic communications can be lawfully recorded or shared with the consent of at least one party, barring any criminal intentions. This applies to conversations where all contributing parties are using a cell phone, including text messages sent between cell phones. However, a Missouri appellate court determined that a conversation taking place where one party is using a cell phone and the other is using a regular wire phone is indeed protected under the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).

Is it Legal to Record a Conversation in Missouri?

You may not record, obtain, share or use oral or wire conversations that you are not a part of without the consent of at least one party. Electronic communications cannot be recorded or shared without the consent of at least one party.

However, Missouri law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. Generally, if there is an expectation of privacy then you should gain permission of all parties before recording private in-person conversations. There isn’t much precedent for these cases, so best practices would be to gain the consent of all parties prior to making a recording if there is an expectation of privacy.

If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:

• Getting verbal or written consent prior to the recording being made.
• A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
• An audible beep tone being repeated at steady intervals during the duration of the conversation.

Missouri Video Recording Laws

It is considered an offense of invasion of privacy to photograph, film, videotape, or produce an image of another person without that person’s consent when that person is in a place where there is a reasonable expectation of privacy and in a state of full or partial nudity. Mo. Rev. Stat. § 565.252(1)(1). For example, you are not allowed to record a person who is using a restroom because that is place where there is a reasonable expectation of privacy and where people might be in a state of full or partial nudity.

It is also an offense of invasion of privacy to photograph, film, videotape, or produce an image of another person under or through that person’s clothing with the intention of viewing the body or undergarments worn by that person without that person’s consent. Mo. Rev. Stat. § 565.252(1)(2)

Penalties:

Mo. Ann. Stat. § 542.402: It is considered a felony offense to illegally record an oral or electronic conversation.

Mo. Rev. Stat. § 565.252(2): Invasion of privacy is a Class A misdemeanor which carries a sentence not exceeding 1 year.

Mo. Rev. Stat. § 565.252(2): Disseminating and distributing images obtained in violation of Missouri video recording laws, invading the privacy of more than one person and having a subsequent or second violation are considered as Class E felonies which carry a sentence not exceeding 4 years.

Yes! Missouri is a one-party consent state.

Yes! You can record police officers in the line of duty in all states as long as you are not trespassing or breaking any laws yourself.

If the recording is being made in a one-party consent state, then it is legal to record a conversation that you are taking part in. However, it is still best practice to inform all participants that they are being recorded.

You can record in public if you are taking part in the conversation taking place on the recording. You may also record in areas where there is no reasonable expectation of privacy. This means that it is legal to film in parks or public squares, however, you may run into issues if you are recording on private property such as malls.

You may only record a telephone call if you are a party to the conversation. If you are not taking part in the conversation, you need to gain the consent of at least one party. This can be done by playing a recording stating that the call will be recorded prior to the conversation beginning or by gaining verbal or written consent from the other parties.

No, Missouri is a one-party consent state.

One-Party Consent States Simplified Table

One-Party Consent States (Continued) – Indiana – Mississippi

One-Party Consent States (Continued) – Missouri – Oklahoma

One-Party Consent States Continued – Rhode Island – Wyoming

If you’re interested in privacy, check out our blog post on using VPNs, one of the best ways to protect your privacy online.

Other Missouri Laws

• Missouri Car Seat Laws
• Missouri Child Support Laws
• Missouri Hit and Run Laws
• Missouri Recording Laws*
• Missouri Sexting Laws
• Missouri Statute of Limitations
• Missouri Whistleblower Laws
• Murder Sentencing Guidelines – Minimum to Maximum for Every State