Privacy · Recording Consent
Is It Legal to Record a Call in Montana?
Whether you can record a conversation in Montana, 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 Montana
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 test is knowledge, not signed consent | Exception (2)(a)(iii) treats "persons given warning of the transcription or recording" as outside the ban, and states that if one person provides the warning, either party may record. An announcement, not a signed agreement, is what the statute demands. |
| The crime is a hidden device | Section 45-8-213(1)(c) reaches only recording "by use of a hidden electronic or mechanical device." A visible, obvious recorder is arguably outside the text of the prohibition. |
| Phone and in-person are covered, video is not | The provision reaches recording "a conversation," so calls and in-person conversations are both covered. Silent video is not, because (1)(c) reaches a device that reproduces a human conversation. |
| When it is different | What it means |
|---|---|
| Public officials on duty | Section 45-8-213(2)(a)(i) carves out recording of elected or appointed public officials and public employees when done in the performance of official duty. |
| Public meetings | Section 45-8-213(2)(a)(ii) carves out persons speaking at public meetings, so recording a city council or school board meeting is permitted. |
| Warning given | Section 45-8-213(2)(a)(iii) exempts persons given warning of the recording, and provides that once one person gives the warning, either party may record. A health-care emergency call carve-out also applies under (2)(a)(iv). |
What you can do right now
Concrete, neutral steps before you record a conversation in Montana. This is legal information, not legal advice.
- Announce the recording, and you are covered
Montana’s rule is satisfied by a warning, not signed consent. Say you are recording at the start. Under (2)(a)(iii), once one person gives the warning, either party may record.
- An objection does not stop you once you have warned
Because the test is knowledge, the other side’s objection does not make the recording illegal. If you have given warning, you may record even over an objection.
- Record public officials and public meetings freely
Recording public officials performing official duties and people speaking at public meetings is carved out entirely, so a city council or school board meeting is fair game.
- Talk to a Montana attorney or the Attorney General
The penalty is a $500 fine or six months, and Montana has a strong constitutional right of privacy that colors interpretation. A licensed Montana attorney can assess your facts, and the Montana Department of Justice 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.
→ Montana Department of Justice · 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 Montana
Montana is often lumped in with the all-party consent states, but its statute is framed as notification, not consent, and it reaches only hidden devices. Mont. Code Ann. § 45-8-213(1)(c) makes it a crime to record a conversation "by use of a hidden electronic or mechanical device ... without the knowledge of all parties." Two words carry the whole rule. The first is "hidden": the crime is concealment, so a recorder sitting visibly on the table is a different legal question than one in your pocket. The second is "knowledge": exception (2)(a)(iii) says that persons given warning of the recording are outside the ban, and it spells out the announcement rule in the statute itself, providing that if one person gives the warning, either party may record. So an objection does not make the recording illegal once a warning has been given. That is why Montana is best described as an all-party notification state rather than an all-party consent state. The exceptions carve out public officials performing their duties, people speaking at public meetings, and health-care emergency calls. The penalties are strikingly mild for an all-party jurisdiction: a $500 fine or six months in jail, with no repeat-offense escalator touching the recording provision, so a tenth illegal recording still carries the same ceiling as the first. Montana also provides no statutory civil remedy at all, the opposite of Maryland and Massachusetts, which pair all-party rules with $100-a-day damages. A civil claim would have to rest on Montana’s strong constitutional right of privacy or common-law invasion of privacy.
Common questions
Do I need permission to record in Montana, or is a warning enough?
A warning is enough. Montana’s rule turns on knowledge, not signed consent. Under § 45-8-213(2)(a)(iii), once one person gives warning of the recording, either party may record.
What if I announce I am recording and the other person objects?
You may still record. Because the statutory test is knowledge, the other side’s objection does not make the recording illegal once you have given warning. The exception says either party may record after the warning.
Is it legal to record a Montana public official doing their job?
Yes. Section 45-8-213(2)(a)(i) carves out recording of elected or appointed public officials and public employees when done in the performance of official duty.
Can I sue someone who secretly recorded me in Montana?
Not under this statute. Section 45-8-213 creates no private right of action or damages formula. A civil claim would have to rest on Montana’s constitutional right of privacy or common-law invasion of privacy.
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.