Montana Recording Laws (2026 Guide)

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 Recording Law Summary

Key Point	Answer
Consent Type	All-Party (with warning exception)
Can you record your own calls?	Yes, if you warn other parties first
Must you inform others?	Yes – warning must be given
Key Statute	MCA 45-8-213
1st Offense Penalty	Misdemeanor: up to 6 months jail, $500 fine
2nd Offense Penalty	Up to 1 year jail, $1,000 fine
3rd+ Offense Penalty	Felony: up to 5 years prison, $10,000 fine

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Understanding Montana’s Recording Laws

The “Warning” Exception

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

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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

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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.

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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

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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

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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.”

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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.

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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.

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Related Montana Laws

• Montana Whistleblower Laws
• Montana Hit and Run Laws
• Montana Sexting Laws
• Montana Child Support Laws

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Sources and Legal References

Source	Link
MCA 45-8-213	Montana Legislature
Montana Code (Justia)	Justia
Reporters Committee – Montana	rcfp.org

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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.

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Two-Party Consent States Reference

Montana has unique “warning” requirements that differ from strict consent states.

State	Key Statute
California	Cal. Penal Code § 632
Connecticut*	Conn. Gen. Stat. § 52-570d
Delaware*	11 Del. C. § 1335 / § 2402
Florida	Fla. Stat. § 934.03
Illinois	720 ILCS 5/14-2
Maryland	Md. Code, Cts. & Jud. Proc. § 10-402
Massachusetts	Mass. Gen. Laws ch. 272, § 99
Michigan*	MCL 750.539c
Montana	MCA 45-8-213
New Hampshire	N.H. Rev. Stat. Ann. § 570-A:2
Oregon	Or. Rev. Stat. § 165.540
Pennsylvania	18 Pa. C.S. § 5703
Washington	Wash. Rev. Code § 9.73.030

*Connecticut has different rules for phone vs. in-person. Delaware has conflicting statutes. Michigan courts have created a participant exception.

One-Party Consent States

Most other states follow one-party consent rules. See our One-Party Consent States Guide for details.