Privacy · Recording Consent
Is It Legal to Record a Call in Wisconsin?
Whether you can record a conversation in Wisconsin, 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 Wisconsin
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 |
|---|---|
| One party’s consent is enough | A person who is a party, or who has one party’s prior consent, may intercept a communication under §968.31(2)(c). Your own consent counts, so you may record a conversation you are part of. |
| Purpose can defeat the exception | For a private party the exception fails if the interception is for the purpose of committing a criminal or tortious act, or for the purpose of committing any other injurious act. That last phrase is broader than the federal model. |
| Police and civilians follow different tracks | Wisconsin writes its rule twice. Section 968.31(2)(b) covers a person acting under color of law with no criminal-or-tortious proviso, while §968.31(2)(c) covers everyone else and carries the trap. |
| Implied consent can count | Annotations to §968.31(2)(b) recognize that consent may be express or implied in fact from surrounding circumstances, so a visible recorder or a recorded warning can suffice even without a spoken yes. |
| When it is different | What it means |
|---|---|
| Being a party or having prior consent | A participant, or anyone with one party’s prior consent, may record under §968.31(2)(c), so long as the purpose is not criminal, tortious, or otherwise injurious. |
| Publicly accessible and radio communications | Electronic communications on a system configured so they are readily accessible to the general public are exempt under §968.31(2)(d), as are various radio communications under §968.31(2)(e). |
| Court orders and providers | Court-authorized interception under §§968.28 to 968.30, and provider or carrier ordinary-course activity, are exempt, though a provider 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 Wisconsin. This is legal information, not legal advice.
- Record your own conversations, but mind your purpose
As a participant you may record under §968.31(2)(c). The exception disappears if the recording is for a criminal, tortious, or otherwise injurious purpose, which is broader than most states.
- Remember that implied consent can count
A visible recorder or a recorded warning can establish consent under the annotations to §968.31(2)(b), because consent may be implied in fact from the circumstances.
- Get consent on calls into Illinois or Michigan
Both neighbors have historically had stricter rules than Wisconsin’s flat one-party regime. If the other participant is there, ask everyone first.
- Talk to a Wisconsin attorney if you are accused
A Class H felony carries prison time and a $10,000 fine. A licensed Wisconsin attorney can assess the purpose question, and the Wisconsin Department of Justice handles statewide matters.
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.
→ Wisconsin Department of JusticeThis 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 Wisconsin
Wisconsin is a one-party consent state, so if you are part of a call or conversation you may record it, under Wis. Stat. §968.31(2)(c). What a flat "Wisconsin is one-party consent" summary hides is that Wisconsin writes its rule twice, once for police in §968.31(2)(b) and once for everyone else in §968.31(2)(c), and only the civilian version carries the criminal-or-tortious-purpose trap. So the police get a cleaner one-party exception than an ordinary citizen does. Wisconsin’s version of that trap is also broader than any other state in this region. In addition to a criminal or tortious purpose, the statute strips the defense from a recording made "for the purpose of committing any other injurious act," language that appears in no federal or neighboring statute, so a Wisconsin defendant can lose the one-party defense without any crime or recognized tort being alleged. On the friendlier side, Wisconsin case annotations recognize implied consent, meaning consent may be express or implied in fact from surrounding circumstances, so a visible recorder or a recorded warning can suffice even without a spoken yes. For in-person audio the statute uses the federal-model "oral communication" definition requiring a justified expectation of non-interception, and it adds an express public-accessibility carve-out for electronic communications. The civil remedy is the familiar $100 a day or $1,000, whichever is higher, plus punitive damages and fees, and the cross-border risk comes from Illinois and Michigan.
Common questions
Can I record a phone call in Wisconsin without telling the other person?
Yes. Wisconsin is a one-party consent state under §968.31(2)(c), so your own consent as a participant is enough, unless the purpose is criminal, tortious, or otherwise injurious.
Does Wisconsin recognize implied consent to recording?
Yes. Annotations to §968.31(2)(b) say consent may be express or implied in fact from the circumstances, so a visible recorder or recorded warning can count.
Why do the police get a different consent rule than I do?
The statute splits the exception. Officers under §968.31(2)(b) have no criminal-or-tortious proviso, while civilians under §968.31(2)(c) do, and Wisconsin’s version even reaches any other injurious act.
What can I sue for if someone recorded me illegally in Wisconsin?
Actual damages, or not less than $100 a day or $1,000, whichever is higher, plus punitive damages and attorney fees, under §968.31(2m).
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.