Privacy · Recording Consent
Is It Legal to Record a Call in Illinois?
Whether you can record a conversation in Illinois, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Illinois
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| All parties must consent to a private conversation | Under the rewritten eavesdropping statute (720 ILCS 5/14-2), it is a crime to record a "private conversation" in a surreptitious manner without the consent of all parties. |
| Private means a reasonable expectation of privacy | The current law keys on whether a party reasonably expected the conversation to be private, a direct response to the courts striking down the old blanket rule. |
| Phone and in-person both covered | It applies to private electronic communications and in-person private conversations. |
| When it is different | What it means |
|---|---|
| Public conversations | Recording a conversation with no reasonable expectation of privacy, such as a loud public exchange, is legal without consent. This is the key change from the pre-2014 law. |
| Recording police in public | The rewrite was driven partly by the right to record officers performing public duties, which is generally allowed. |
| Open, non-surreptitious recording | The offense requires a surreptitious, hidden manner. Open and known recording of a private conversation may fall outside the crime. Confirm the current standard for your situation. |
What you can do right now
Concrete, neutral steps before you record a conversation in Illinois. This is legal information, not legal advice.
- Get consent for a private conversation
To record a private Illinois conversation secretly, you need everyone’s consent. That is the core of the rewritten eavesdropping law.
- Public recording is generally allowed
If no one could reasonably expect privacy, such as a loud public exchange or recording police in public, you can generally record without consent.
- Do not rely on outdated summaries
The old blanket two-party rule was struck down in 2014. Any source describing Illinois as flatly all-party for every conversation is out of date.
- Talk to an Illinois attorney if you are accused
The felony grade turns on who was recorded, and the "private conversation" question is fact-specific. A licensed Illinois attorney can assess it. The State Bar can refer you to one.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Illinois State Bar — Illinois Lawyer FinderThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Illinois
Illinois is the trickiest recording state of the six because its law was rebuilt in 2014. The old statute made nearly any recording without two-party consent a crime, and the Illinois Supreme Court struck it down as overbroad in People v. Clark and People v. Melongo. The legislature rewrote it that December, narrowing the offense to the surreptitious recording of a private conversation without everyone’s consent. So the honest answer is layered: Illinois is all-party for private conversations, where a party reasonably expects privacy, but recording in public, where no such expectation exists, is generally legal. That change was driven partly by the right to record police performing public duties. Any pre-2014 source calling Illinois a flat two-party state is wrong. The offense also requires a hidden, surreptitious manner, so open recording may fall outside it. Because the felony grade depends on who was recorded, and the private-versus-public line is fact-specific, confirm the current rule before relying on it.
Common questions
Is it legal to record a phone call in Illinois?
Not a private one without everyone’s consent. Under the rewritten eavesdropping law, secretly recording a private conversation without all parties’ consent is a crime. Recording where no one expects privacy is generally allowed.
Can I record in public in Illinois?
Generally yes. If no party could reasonably expect privacy, such as a loud public exchange or police performing public duties, recording without consent is legal. That is the key change from the pre-2014 law.
Did Illinois change its recording law?
Yes. The old blanket two-party statute was struck down as unconstitutional in 2014, and the legislature rewrote it to criminalize only the surreptitious recording of a private conversation. Older summaries are out of date.
What is the penalty for illegal recording in Illinois?
Eavesdropping is a Class 4 felony, and a Class 3 felony when the person recorded is law enforcement or certain officials. The exact grade depends on who was recorded.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.