Privacy · Recording Consent
Is It Legal to Record a Call in Kentucky?
Whether you can record a conversation in Kentucky, 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 Kentucky
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 |
|---|---|
| The consent rule lives in the definition | KRS 526.010 defines "eavesdrop" as recording a wire or oral communication "of others" without the consent of at least one party. Because a participant is not listening in on others, a party to the conversation cannot commit the offense. |
| Phone and in-person are both covered | The definition reaches a "wire or oral communication," so telephone calls and in-person conversations both fall inside KRS 526.010 and 526.020. Silent video is not covered. |
| Planting or possessing a device is separate | KRS 526.030 makes it a separate offense to install an eavesdropping device and KRS 526.040 to possess one with intent, so equipping yourself to record a conversation you will not be part of is charged differently. |
| When it is different | What it means |
|---|---|
| Being a party, or having a party’s consent | The one-party rule is built into the definition itself. A participant, or anyone with at least one party’s consent, is outside the offense. |
| Inadvertent overhearing on an extension | KRS 526.070 exempts a person who inadvertently overhears a communication on a regularly installed party line or telephone extension but does not divulge it. The carve-out is conditioned on non-disclosure. |
| Communications carriers | KRS 526.070 exempts common-carrier employees acting to render service or protect the carrier’s rights, though carriers may not use service observing or random monitoring except for quality-control checks. |
What you can do right now
Concrete, neutral steps before you record a conversation in Kentucky. This is legal information, not legal advice.
- Record conversations you take part in
Because the offense is defined as recording the discourse "of others," a participant cannot commit it. You may record a Kentucky call or meeting you are part of without telling anyone.
- Do not record a meeting you are only watching
If you are present but not part of the conversation, you may not be a "party," so recording it can fall inside the definition. The safe course is to take part or get a party’s consent.
- Do not plant or carry an eavesdropping device
KRS 526.030 and 526.040 make installing or possessing an eavesdropping device with intent a separate crime, independent of whether any recording happens.
- Talk to a Kentucky attorney or the Attorney General
Eavesdropping is a Class D felony. A licensed Kentucky attorney can assess whether you were a "party," and the Kentucky Office of the Attorney General handles referrals.
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.
→ Kentucky Office of the Attorney GeneralThis 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 Kentucky
Kentucky puts its consent rule in the definitions section rather than the offense section, which changes how the whole statute reads. KRS 526.010 defines "eavesdrop" as recording a wire or oral communication "of others" without the consent of at least one party, so the crime is written such that a participant literally cannot commit it. That makes Kentucky a one-party consent state: if you are on the call, your own consent is enough, and you do not have to tell the other person you are recording. What surprises people is the severity. Unlike Kansas and most one-party states, where illegal recording is a misdemeanor, Kentucky treats eavesdropping as a Class D felony carrying one to five years, with a fine of $1,000 to $10,000 supplied by the general felony fine statute. The one-party protection covers participants only. KRS 526.030 and 526.040 make it separate crimes to install or even possess an eavesdropping device with intent, so planting a recorder in a hallway to capture a meeting you are not in is charged differently and gets no benefit from the participant rule. The most-cited real-world flashpoint remains the 2013 recording of a private campaign meeting, analyzed under KRS 526.020 because the recorder was arguably not a party to the discourse, a reminder that Kentucky protects participants, not eavesdroppers in the hallway.
Common questions
If I am on the call, do I need to tell the other person in Kentucky that I am recording?
No. Kentucky is a one-party consent state. KRS 526.010 defines eavesdropping as recording a communication of others without the consent of at least one party, and as a participant you supply that consent yourself.
Is it a felony to record a conversation in Kentucky?
Illegal eavesdropping is a Class D felony carrying one to five years and a fine of $1,000 to $10,000. But a participant recording a conversation they are part of does not commit the offense, so recording your own call is not a crime.
Can I record a meeting I am sitting in but not speaking at?
It depends on whether you are a "party." The statute reaches the discourse "of others," so if you are present but not part of the conversation, recording it may fall inside the definition. Getting a party’s consent is the safe path.
Can I sue in Kentucky if someone bugged my phone?
Not under the eavesdropping statute. KRS Chapter 526 has no private right of action or damages formula, which makes Kentucky unusual: felony exposure but no statutory civil remedy.
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.