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Michigan Recording Laws*

Michigan Recording Laws:

Michigan recording law stipulates that it is a two-party consent state*. In Michigan, it is a criminal offense to use any device to record, obtain, use or share communications, whether they’re wire, oral or electronic, without the consent of all contributing parties. This means that in Michigan you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Mich. Comp. Laws § 750.539c *.

This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Mich. Comp. Laws § 750.539d.

*The Michigan Court of appeals has precedent interpreting the wiretapping statue as only applying to a third party interception of a conversation.  In Michigan if you are taking part in a conversation, you are allowed to record the conversation.

Personal Conversations:

You may not record conversations without the consent of all involved parties.

However, one court has interpreted that Michigan’s eavesdropping law only applies to third parties, and decided it was legal for a contributing party to record a conversation without the other parties’ permission. Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982).

Penalties:

Mich. Comp. Laws § 750.539c: Infractions against Michigan’s eavesdropping law can be considered a felony and are subject to a maximum fine of up to $2,000 and up to two years in jail.

Mich. Comp. Laws §§ 750.539c, -d: Sharing information that one knows, or can be expected to know, was intercepted illegally through eavesdropping or video capture is considered a felony subject to a fine of up to $2,000 and a maximum of five years in prison.

Other Michigan Laws