Montana Recording Law Summary:
Montana recording law stipulates that it is a two-party consent state, excluding some specific situations. In Montana, it is generally a criminal offense to use a hidden device to record oral or electronic communications without the consent of all contributing parties. Mont. Code Ann. § 45-8-213 (2011). This means that in Montana you are not legally allowed to secretly record a conversation unless all parties are in agreement, but in some situations recordings can be made without consent as long as this is not done covertly. This means that although consent is not required, all parties must be notified that the conversation is being recorded.
You may not record conversations without the consent of all involved parties, unless in one of the following situations:
- Consent is not required when recording elected or appointed public officials or public employees while they are performing official duties.
- Speakers at public meetings can be recorded without consent.
- When a person is told they are being recorded their consent is not required, as Montana law only prohibits recordings made in secret. As long as one party warns the other, either can lawfully record the conversation.
Mont. Code Ann. § 45-8-213: Secretly recording an oral or electronic conversation is considered a misdemeanor and each subsequent offense will be subject to harsher and harsher penalties.