Kansas Recording Law Summary:
Is Kansas a One Party Consent State?
Kansas recording law stipulates that it is a one-party consent state. In Kansas, it is a criminal offense to use any device to record, listen to or amplify communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kansas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Kan. Stat. Ann. § 21-6101(4).
This state also has a hidden camera law which forbids the recording and disclosure of intercepted images. Kan. Stat. Ann. § 21-6101(6).
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You may not record, listen to or amplify conversations that you are not a part of without the consent of at least one party.
If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
- Getting verbal or written consent prior to the recording being made.
- A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
- An audible beep tone being repeated at steady intervals during the duration of the conversation.
Kansas Video Recording Laws
In Kansas, it is illegal to install or use a concealed camcorder, motion picture camera or any other electronic device to secretly photograph, film or record another identifiable person through or under that person’s clothing, or an identifiable person who is in a nude state and has a reasonable expectation of privacy without the consent or knowledge of that person for the following purposes:
- Viewing the body of that person.
- Viewing the undergarments worn by that person.
- Invading the privacy of that person.
For example, recording a person who is using a restroom is illegal because the person might be in a nude state and also because the restroom is a place where there is a reasonable expectation of privacy.
Kan. Stat. Ann. § 21‐6101(a)(6).
Kan. Stat. Ann. § 21-6602: It is a misdemeanor offense to record, intercept, or share private conversations without consent. Infractions are punishable by a court fine and a maximum of one year in jail.
Kan. Stat. Ann. § 21-6101: It is a felony offense to covertly record or share videos taken illegally.
Kan. Stat. Ann. § 21‐6101(b)(2): Persons who violate Kansas video recording laws may be found guilty of severity level 8, person felony. For a second or subsequent violation within the previous 5 years, the offender may be found guilty of severity level 5, person felony.
Kan. Stat. Ann. § 21‐6101(b)(3): Those who disseminate or permit the dissemination of materials obtained through methods that are in violation of the state’s video recording laws may be found guilty of severity level 5, person felony.
Kan. Stat. Ann. § 21‐6101(b)(2): Disseminating materials (e.g., film) of another identifiable person 18 years of age or older that were obtained illegally and in circumstances where the person concerned had a reasonable expectation of privacy for the purposes of harassing, intimidating or threatening that person is considered as severity level 8, person felony. For a second or subsequent violation within the previous 5 years, the offender may be found guilty of severity level 5, person felony.
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