Privacy · Recording Consent
Is It Legal to Record a Call in Missouri?
Whether you can record a conversation in Missouri, 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 Missouri
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 |
|---|---|
| Party or one-party consent covers phone calls | Subsection 542.402.2(3) makes it lawful to intercept a wire communication where you are a party, or where one party has given prior consent, unless the purpose is criminal or tortious. So recording a call you are on is permitted. |
| In-person coverage is narrow | The offense reaches using a device to intercept an in-person oral communication only "when such device transmits communications by radio or interferes with the transmission." An ordinary hidden audio recorder that does neither appears to fall outside § 542.402.1(2). |
| The purpose cannot be criminal or tortious | The one-party exception is lost if the wire communication is intercepted for the purpose of committing any criminal or tortious act. |
| When it is different | What it means |
|---|---|
| Recorder that neither transmits by radio nor interferes | Because § 542.402.1(2) reaches only devices that transmit by radio or interfere with a transmission, a plain concealed recorder capturing an in-person conversation appears to sit outside that provision. |
| Law enforcement and carriers | The statute allows law enforcement use of body microphones in undercover investigations and exempts telecommunications operators acting in the normal course of employment. |
| Good-faith reliance on a court order | Section 542.418 makes good-faith reliance on a court order a prima facie defense to a civil action. |
What you can do right now
Concrete, neutral steps before you record a conversation in Missouri. This is legal information, not legal advice.
- Record phone calls you are part of
As a party to a wire communication you may record under § 542.402.2(3), provided your purpose is not criminal or tortious. Recording your own Missouri phone calls is permitted.
- Understand the narrow in-person rule
Missouri’s in-person provision bites only when the device transmits by radio or interferes with a transmission. Do not assume the statute broadly criminalizes in-person recording, because the official text does not support that.
- Be careful on interstate calls
Missouri touches eight states. If the other party is in an all-party state, that state’s law may reach the call, so get consent from everyone when in doubt.
- Talk to a Missouri attorney or the Attorney General
Illegal interception of a wire communication is a class E felony. A licensed Missouri attorney can assess your facts, and the Missouri Attorney General’s Office 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.
→ Missouri Attorney General’s OfficeThis 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 Missouri
Missouri is a one-party consent state, and its statute is built around the phrase "wire communication," a legacy of telephone-era drafting. Section 542.402.2(3) makes it lawful for a private person to intercept a wire communication where that person is a party, or where one party has given prior consent, unless the purpose is criminal or tortious. So recording a phone call you are on is permitted without telling the other side. What surprises people is how narrow the in-person side is. The offense for using a device to intercept an oral communication in § 542.402.1(2) applies only "when such device transmits communications by radio or interferes with the transmission of such communication." Many secondary summaries, working from mirror text that dropped that limiting clause, overstated Missouri’s restriction on in-person recording. On the official text, an ordinary hidden audio recorder that neither transmits by radio nor interferes with a transmission appears to fall outside the provision altogether, which is why Missouri summaries talk about phone calls specifically. The vocabulary is genuinely old: a 1998 appellate decision, Lee v. Lee, had to confirm that a call between a cell phone and a landline even counts as a "wire communication." The penalty is a class E felony carrying up to four years, and § 542.402 sets no fine of its own. The civil remedy is one of the two highest in this group, allowing actual damages but not less than $100 a day or $10,000, whichever is greater, plus punitive damages and attorney fees.
Common questions
Can I record a phone call in Missouri without telling the other person?
Yes. Missouri is a one-party consent state. Section 542.402.2(3) lets you intercept a wire communication you are a party to, or with one party’s consent, unless you record for a criminal or tortious purpose.
Does Missouri’s one-party rule also cover recording an in-person meeting?
The in-person provision is narrow. It reaches using a device to intercept an oral communication only when the device transmits by radio or interferes with a transmission, so an ordinary hidden recorder appears to fall outside it.
Is illegal recording a felony in Missouri, and how much prison time?
Knowingly intercepting a wire communication is a class E felony, carrying a term not to exceed four years, with discretion for up to one year in county jail instead. Section 542.402 sets no fine of its own.
How much can I sue for if I was recorded illegally in Missouri?
Section 542.418 allows actual damages but not less than $100 a day for each day of violation or $10,000, whichever is greater, plus punitive damages on a willful violation and a reasonable attorney’s fee and costs.
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.