Last Updated: January 2026 | Verified against current Montana Code Annotated
Quick Answer
Montana is a two-party consent state with some unique exceptions. Under MCA 45-8-213, it is illegal to record conversations using hidden devices without knowledge of all parties. However, Montana has a notable “warning” exception: if one party warns that recording is occurring, then either party may lawfully record. First violations are misdemeanors; repeat offenses can become felonies.
Montana’s most distinctive feature is the warning exception:
If one party to the conversation warns that recording is occurring, either party may then lawfully record
This is different from requiring consent – only warning/notice is needed
Once warning is given, the conversation can proceed with recording
What the Law Prohibits
Under MCA 45-8-213, it is illegal to:
Record a conversation using a hidden electronic or mechanical device without knowledge of all parties
Purposely intercept an electronic communication
Use hidden devices to capture private conversations
Key Exceptions
Montana law provides exceptions allowing recording without consent:
Public officials and employees performing official duties
Speakers at public meetings
When warning is given – if one party warns, either can record
Healthcare emergency calls to facilities or government health agencies
Recording Phone Calls in Montana
Can You Record Phone Calls in Montana?
Yes, if you provide warning. Montana’s unique approach means:
Announce at the start: “I’m recording this call”
Once you’ve given warning, you can record legally
The other party doesn’t need to consent – only be informed
If they continue the call after warning, recording is permitted
Recording Calls Across State Lines
When calling between Montana and other states:
Follow the stricter state’s requirements
If calling a two-party consent state, ensure compliance with their rules
Montana’s “warning” approach may not satisfy other states’ consent requirements
Business Call Recording
Montana businesses should:
Provide clear warning that calls are recorded
Automated messages satisfy the warning requirement
Document that warnings are given
Recording In-Person Conversations
When Is Recording Legal?
When warning is provided to all parties
When recording public officials in their official capacity
At public meetings
When the device is not hidden and parties are aware
When Is Recording Illegal?
Using hidden devices without knowledge of all parties
Secret recording without warning
Recording private conversations without notice
The “Hidden Device” Element
Montana’s statute specifically targets recording with “hidden electronic or mechanical devices.” Open, visible recording may be treated differently than concealed recording.
Montana Video Recording Laws
Video Surveillance
Montana’s privacy law focuses primarily on audio interception:
Silent video in public is generally permitted
Video with audio falls under the recording restrictions
Hidden cameras capturing private conversations are prohibited
Voyeurism Laws
Montana has separate laws prohibiting:
Recording in private places where people expect privacy
Distribution of intimate images without consent
Recording in the Workplace
Can You Record at Work in Montana?
Under Montana’s warning exception:
If you warn coworkers you’re recording, you may record
Company policies may still prohibit recording
Violating workplace policy can result in termination even if recording is technically legal
Employer Monitoring
Employers may monitor workplace communications if:
Employees are given notice (warning) of monitoring
Monitoring policies are clearly communicated
Recording Police and Public Officials in Montana
Can You Record Police Officers in Montana?
Yes. Montana law explicitly allows recording of:
Elected or appointed public officials performing official duties
Public employees acting in official capacity
Speakers at public meetings
No consent or warning is required when recording public officials in their official roles.
Recording Public Meetings
Montana’s Open Meetings laws support recording at public government meetings. The statute specifically exempts recording of “persons speaking at public meetings.”
Penalties for Illegal Recording in Montana
Criminal Penalties
Offense
Classification
Maximum Penalty
First violation
Misdemeanor
6 months jail, $500 fine
Second violation
Misdemeanor
1 year jail, $1,000 fine
Third or subsequent
Felony
5 years prison, $10,000 fine
Inadmissibility
Recordings made in violation of Montana law are inadmissible as evidence in court.
Frequently Asked Questions
Is Montana a two-party consent state?
Yes, but with a notable exception: if one party warns that recording is occurring, either party may then record legally.
Can I record a conversation if I warn the other person?
Yes. Montana requires warning, not consent. Once you announce you’re recording, you can proceed.
Can I record a phone call in Montana?
Yes, if you provide warning at the start of the call.
Can I secretly record a conversation in Montana?
No. Using hidden devices to record without knowledge of all parties is illegal.
Can I record police officers in Montana?
Yes. The law explicitly permits recording public officials and employees performing official duties without consent.
What are the penalties for illegal recording in Montana?
First offense: up to 6 months jail and $500 fine. Third offense: up to 5 years prison and $10,000 fine.
Can recordings be used as evidence in Montana?
Only if obtained legally. Illegally recorded conversations are inadmissible.
Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Montana’s recording law has unique exceptions that may not apply in all situations. If you have questions about recording in Montana, consult with a licensed Montana attorney.
Two-Party Consent States Reference
Montana has unique “warning” requirements that differ from strict consent states.
