Montana

Montana Recording Laws (2026): Announcement Exception and Penalties

By Recording Law Editorial TeamPublished June 5, 202612 min read

Montana does not fit neatly into the one-party or two-party consent categories used for most states. Under MCA 45-8-213(1)(c), recording a conversation with a hidden device without the knowledge of all parties is a criminal misdemeanor and a civil wrong. Any party who announces audibly that recording is occurring makes the recording immediately lawful under the announcement exception in MCA 45-8-213(2)(c).

Montana recording law at a glance

Question	Answer
Consent rule	All-party knowledge required (announcement satisfies)
Main statute	MCA 45-8-213
When is recording illegal?	Hidden device used without all-party knowledge and no prior announcement
Criminal penalty	Misdemeanor: up to 6 months county jail, up to $500 fine
Civil remedy	Common-law invasion of privacy; constitutional Article II Section 10 claim
Hidden cameras	MCA 45-5-223 prohibits surreptitious visual observation in residences and upskirt-style recording in public
Recording police	Expressly permitted under MCA 45-8-213(2)(a); no announcement required

For in-depth treatment of each topic, see the Montana recording laws in depth section below.

three smartphones around a blank document on a wooden desk

Recording in-person conversations in Montana

The core rule comes from MCA 45-8-213(1)(c): recording a conversation with a hidden electronic or mechanical device without the knowledge of all parties is a criminal offense. Two elements must both be present for the statute to apply: a hidden device, and the absence of all-party knowledge. Remove either element and the prohibition does not apply.

The announcement exception in MCA 45-8-213(2)(c) is the primary way parties satisfy the knowledge requirement. Either person in the conversation may give the warning. An audible statement like "I am recording this conversation" made before or at the start of recording is sufficient. No response, agreement, or acknowledgment from the other side is required. Once the announcement is made, either party may record freely for the duration of that conversation.

Montana is meaningfully different from both pure one-party and strict all-party states. A one-party state (such as Texas) lets the recording party record silently because their own presence counts as consent. A strict all-party state (such as California) requires active consent from every participant. In Montana, the recording party announces that recording is occurring. No consent is solicited or required. The other party's only recourse is to end the conversation.

Two quick examples: An employee says before a meeting, "I want everyone to know I am recording this." Recording is lawful under state law from that moment. A business plays an automated message: "This call may be recorded for quality assurance." That message satisfies MCA 45-8-213(2)(c). No live-agent follow-up is needed.

The statute also exempts persons speaking at public meetings under MCA 45-8-213(2)(b). Recording at a city council session, school board meeting, or other open government meeting requires no announcement because speakers have no reasonable expectation of privacy in those public remarks. Montana's Open Meetings law at MCA 2-3-212 separately permits audio recordings to serve as the official record of open meetings.

Recording phone calls in Montana

The same rule applies to phone calls. Recording a call with a hidden or concealed mechanism without the knowledge of all parties violates MCA 45-8-213(1)(c). Any party who announces at the start of the call satisfies the statute.

For interstate calls, the stricter state's law generally governs. If one party is in Montana and the other is in a one-party state, Montana's announcement requirement controls. The announcement should be made before substantive conversation begins, not after.

FCC telephone monitoring rules under 47 CFR 64.501 layer on top of state law for interstate calls. Compliance with Montana's announcement requirement satisfies both the state and federal frameworks.

For detailed treatment of call recording scenarios, interstate rules, and business compliance, see Montana Phone Call Recording Laws.

close-up of two pairs of hands across a wooden cafe table, one hand resting near a coffee cup, the other near a smartphone

Hidden cameras, doorbells, and nanny cams

MCA 45-8-213(1)(c) applies to audio recording with a hidden device. A separate statute, MCA 45-5-223, addresses video voyeurism. It prohibits two distinct acts: (1) hiding, waiting, or loitering within or near a private dwelling to watch or electronically observe occupants without consent, and (2) recording the sexual or intimate parts of another person in a public place without knowledge or consent when the person has a reasonable expectation of privacy. Penalties under MCA 45-5-223 escalate with repeat convictions, reaching up to 5 years imprisonment on a third or subsequent offense.

On your own property, security cameras and doorbells pointing at exterior spaces (driveways, front doors, shared walkways) are generally lawful. Cameras aimed into a neighbor's home or at areas where people have a reasonable expectation of privacy (bathrooms, changing rooms) implicate both MCA 45-5-223 and common-law privacy rights. A camera that also captures audio from conversations raises MCA 45-8-213(1)(c): if the audio records conversations without all-party knowledge and the camera functions as a hidden device, the recording prohibition applies.

The practical rule for nanny cams: video-only in common household areas is generally permissible. Video plus audio in spaces where people have no expectation of being recorded (a nanny's private bedroom) may violate both statutes.

For full treatment of camera rules, placement, and tenant-landlord disputes, see Montana Security Camera Laws and Montana Voyeurism Laws.

Penalties for illegal recording in Montana

Criminal penalties under MCA 45-8-213(4) vary by which subsection is violated.

Offense	Tier	Maximum Penalty
(1)(c) recording violation, any offense	Misdemeanor (flat)	6 months county jail and/or $500 fine
(1)(a)/(1)(b) harassment/extortion, first offense	Misdemeanor	6 months county jail and/or $500 fine
(1)(a)/(1)(b) harassment/extortion, second conviction	Misdemeanor (enhanced)	1 year county jail and/or $1,000 fine
(1)(a)/(1)(b) harassment/extortion, third or subsequent	Felony	5 years state prison and/or $10,000 fine
(1)(d)/(1)(e) intimate images, first offense	Misdemeanor	6 months county jail and/or $500 fine
(1)(d)/(1)(e) intimate images, second or subsequent	Felony	5 years state prison and/or $25,000 fine

The key point for recording violations: the escalating felony tiers in subsections (4)(b) and (4)(c) apply only to (1)(a) and (1)(b) harassment and extortion offenses. A second or third recording conviction under (1)(c) still carries the same flat misdemeanor baseline. General Montana felony sentencing statutes may interact with repeat offenses, so consult a Montana attorney if facing a specific charge.

Civil remedies. MCA 45-8-213 provides no private statutory cause of action for recording violations. A person harmed by illegal recording may pursue claims under common-law invasion of privacy, the constitutional privacy right under Article II, Section 10 of the Montana Constitution, or intentional infliction of emotional distress. Damages, attorney fees, and injunctive relief are available through those common-law and constitutional theories, though their availability depends on the facts of each case.

Recordings obtained in violation of the statute are generally inadmissible in Montana court proceedings. This exclusionary consequence applies in addition to any criminal penalty.

a teacher seated across a small school table from a parent, both leaning slightly toward each other in conversation

Recording the police in Montana

Montana explicitly permits recording of public officials through two independent legal foundations.

The first is statutory. MCA 45-8-213(2)(a) exempts recording of public officials and public employees performing official duties from the prohibition in subsection (1)(c). No announcement is required. No consent needs to be requested. The public nature of the official role removes the protection of the statute for communications made in that capacity. This covers law enforcement officers conducting traffic stops, arrests, or other duties in public spaces.

The second is constitutional. The Ninth Circuit, which covers Montana, recognizes a First Amendment right to record law enforcement officers performing their duties in public. This right exists independently of the statutory exception and protects recording even where the specific officer interaction might fall outside the statutory reach.

Practical guidance: no announcement is legally required under state law. Holding a phone visibly is less likely to provoke confrontation and makes the recording harder to dispute. Do not interfere with law enforcement operations while recording; obstruction is separately prohibited.

For a full treatment of legal protections, limits, and journalist rights, see Montana Laws on Recording Police.

Special topics in Montana

Workplace recording

Montana is an at-will employment state with strong constitutional privacy protections under Article II, Section 10. Employees who use the announcement exception comply with MCA 45-8-213, but employer policies remain separately enforceable. The NLRB held in Stericycle, Inc. and Teamsters Local 628, 372 NLRB No. 113 (Aug. 2, 2023), that facially neutral workplace no-recording policies are presumptively unlawful if they would reasonably tend to chill employees from exercising Section 7 rights. NLRB GC Memo 25-07 (June 25, 2025) additionally directs regional offices to treat surreptitious recording of collective bargaining sessions as a per se bad-faith bargaining violation under NLRA Sections 8(a)(5) and 8(b)(3). Montana employers with blanket no-recording policies should review them under the Stericycle standard.

Healthcare recording

Emergency telephone communications may be recorded by health care facilities under MCA 45-8-213(2)(d); that exception is narrow and does not extend to routine telehealth appointments. HIPAA's Privacy Rule (45 CFR 164.508) applies to any recording capturing protected health information: covered providers must satisfy HHS OCR's authorization and safeguard requirements in addition to MCA 45-8-213's announcement rule.

Debt collection recording

Under 12 CFR 1006.100(b) (CFPB Regulation F), debt collectors that record calls must retain those recordings for three years. The CFPB retention obligation stacks on top of the MCA 45-8-213 announcement requirement.

School recording

Audio or video recordings that are directly related to a student and maintained by an educational institution are education records under FERPA (20 U.S.C. 1232g). Montana schools must satisfy both FERPA's consent requirements and MCA 45-8-213's announcement rule before recording conversations involving identified students.

Federal overlay

18 U.S.C. 2511 (federal Wiretap Act) permits one-party consent recording as the national floor. Montana's law is stricter and controls for intrastate conversations. For interstate calls, Montana's announcement requirement should be followed regardless of the federal baseline. See our guide to the federal Wiretap Act and ECPA.

The FCC's One-to-One TCPA Consent Rule (FCC 24-24) was vacated by the Eleventh Circuit in Insurance Marketing Coalition v. FCC, No. 24-10277 (11th Cir. Jan. 24, 2025), mandate issued April 30, 2025. Montana is in the Ninth Circuit; the Eleventh Circuit decision is persuasive authority only and no Ninth Circuit court has independently confirmed the vacatur.

AI deepfakes and intimate images (Chapter 686, Laws of 2025)

Chapter 686, Laws of 2025 amended MCA 45-8-213 to add (1)(d) and (1)(e): non-consensual distribution of real or AI-generated intimate images, and possession-with-threat to extort. The statute now defines "digitally fabricated" as using technical means such as artificial intelligence to create media that realistically misrepresents an identifiable individual. The core recording-consent rules and the announcement exception in (2)(c) were not affected.

Government data purchasing: SB 282 (effective October 1, 2025)

Montana Senate Bill 282 (Ch. 382, L. 2025) prohibits government entities from purchasing electronic communications, contents of communications, precise geolocation data, or other sensitive personal data without a warrant or court-issued investigative subpoena. Narrow exceptions exist for data-owner consent, life-threatening emergencies, and incarcerated persons. SB 282 does not affect the MCA 45-8-213 recording-consent rules for private parties.

Case law

State v. Goetz, 2008 MT 296, remains the controlling Montana Supreme Court decision on the constitutionality of recording law enforcement, addressing the interplay between MCA 45-8-213 and the Article II, Section 10 privacy right. State v. Allen, 2010 MT 214, 357 Mont. 495, 241 P.3d 1045, established the appellate review standard for wiretap suppression motions: factual findings reviewed for clear error, statutory interpretation reviewed de novo. No Montana Supreme Court decisions from 2024 through May 2026 specifically construing MCA 45-8-213 have been identified.

landlord with a clipboard standing in a doorway speaking with a tenant, threshold of an apartment visible behind, daylight

Recent legal developments

Ch. 686, Laws of 2025: Added AI deepfake intimate-image offenses to MCA 45-8-213, subsections (1)(d) and (1)(e). Recording-consent rules unchanged.
SB 282 (Ch. 382, L. 2025), effective October 1, 2025: Prohibits government data purchasing of communications and location data without a warrant. Private recording rules unaffected.
HB 32 (signed February 27, 2026): Amended MCA 40-6-701 to permit government recordings at public events without separate parental consent for minors. Does not alter MCA 45-8-213 or private recording rules.
NLRB GC Memo 25-07 (June 25, 2025): Treats surreptitious recording in collective bargaining as a per se bad-faith bargaining violation.
FCC One-to-One Consent Rule (FCC 24-24): Vacated by the Eleventh Circuit, January 24, 2025; mandate issued April 30, 2025. Persuasive authority in the Ninth Circuit (Montana) only.

Montana recording laws in depth

By type of recording

By place or relationship

More Montana laws

This article is general legal information, not legal advice. Recording laws change and apply differently to each situation. For advice about your situation, consult a licensed Montana attorney.

More Montana Laws

Sources and References

MCA 45-8-213: Privacy in Communications (as amended by Ch. 686, Laws of 2025)(mca.legmt.gov).gov
MCA 45-5-223: Surreptitious Visual Observation(mca.legmt.gov).gov
18 U.S.C. 2511: Interception and disclosure of wire, oral, or electronic communications(uscode.house.gov).gov
Insurance Marketing Coalition v. FCC, No. 24-10277 (11th Cir. Jan. 24, 2025), mandate issued Apr. 30, 2025(courtlistener.com)
SB 282 enrolled: archive.legmt.gov (Ch. 382, L. 2025)(archive.legmt.gov).gov
Montana Supreme Court: Wiretap/Criminal section(courts.mt.gov).gov
Montana AG Opinions Table: dojmt.gov(dojmt.gov).gov
47 CFR 64.501: Monitoring of telephone conversations(ecfr.gov).gov
FCC 24-24 (One-to-One TCPA Consent Rule): VACATED by 11th Cir. Jan. 24, 2025(docs.fcc.gov).gov
DOJ Justice Manual 9-7.302: Electronic Surveillance(justice.gov).gov
NLRB GC Memo 25-07 (June 25, 2025): Surreptitious Recording in Collective Bargaining(nlrb.gov).gov
Stericycle, Inc. and Teamsters Local 628, 372 NLRB No. 113 (Aug. 2, 2023)(nlrb.gov).gov
12 CFR 1006.100(b) (CFPB Regulation F): Call Recording Retention(consumerfinance.gov).gov
HHS OCR, Guidance on HIPAA Rules and Audio-Only Telehealth (2022)(hhs.gov).gov
USDOE Student Privacy Policy Office: FERPA and Audio/Video Recordings(studentprivacy.ed.gov).gov
MCA 2-3-212: Audio recordings as official record of open meetings(leg.mt.gov).gov
Reporters Committee for Freedom of the Press: Montana Recording Guide(rcfp.org)