Kentucky Recording Laws

Kentucky Recording Law Summary:

Last Updated: January 2025 | Verified against current Kentucky Revised Statutes

Quick Answer

Kentucky is a one-party consent state. You can legally record phone calls and conversations as long as you’re a party to the conversation or have consent from at least one participant. Eavesdropping without consent is a Class D felony under Kentucky law.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	KRS 526.020
Maximum Fine	$10,000
Maximum Prison Time	5 years (Class D felony)

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Understanding Kentucky’s Recording Laws

The Legal Foundation

Kentucky’s eavesdropping and recording laws are found in Chapter 526 of the Kentucky Revised Statutes. The key statutes are:

• KRS 526.010 – Definitions related to eavesdropping
• KRS 526.020 – Eavesdropping (primary recording offense)
• KRS 526.030 – Installing eavesdropping device
• KRS 526.050 – Tampering with private communications
• KRS 526.060 – Divulging illegally obtained information

Under KRS 526.020, a person is guilty of eavesdropping when they “intentionally use any device to eavesdrop, whether or not they are present at the time.” However, recording is legal when at least one party to the conversation consents.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Kentucky, only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like California and Pennsylvania require everyone in the conversation to agree to be recorded.

Recording Phone Calls in Kentucky

Can You Record Phone Calls in Kentucky?

Yes. Under KRS 526.020, you can record any phone call you’re participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

Recording Calls Across State Lines

If you’re in Kentucky calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you’re recording calls with people in other states, either inform them or get all-party consent to be safe.

Business Call Recording

Kentucky businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Kentucky when:

• You’re participating in the conversation
• You’re in a public place where there’s no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)

When Is It Illegal?

It’s illegal to record conversations when:

• You’re not a party to the conversation and don’t have consent
• You’re eavesdropping using a device without authorization
• You’re using an illegally installed eavesdropping device

What About Recording in Your Own Home?

You can record conversations in your own home if you’re participating. However, you cannot:

• Plant a hidden device and leave to record others without being present
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

Kentucky Video Recording Laws

Public Spaces

Kentucky has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property and Voyeurism

On private property, the property owner sets the rules. Kentucky also has voyeurism laws under KRS 531.090 that prohibit:

• Recording intimate images without consent
• Recording someone in a location where they have a reasonable expectation of privacy
• Distributing intimate images without consent

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

Kentucky employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal under Kentucky law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Kentucky?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Kentucky, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording Government Meetings

Kentucky’s Open Meetings Act (KRS 61.805-61.850) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City council meetings
• County fiscal court meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in Kentucky?

Yes, if you’re part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Kentucky?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record DCBS Workers?

Yes. Department for Community Based Services (DCBS) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you’re part of. This is common in custody disputes. However:

• Don’t record your children’s private conversations without being present
• Don’t use children to secretly record the other parent
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in Kentucky?

Yes. Dashcams are legal in Kentucky. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in Kentucky

Are Recordings Admissible in Court?

Recordings made legally under Kentucky’s one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in felony charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Kentucky

Criminal Penalties (KRS 526.020)

Eavesdropping is a Class D felony in Kentucky:

Penalty	Amount
Prison time	1 to 5 years
Fine	Up to $10,000

Related Offenses

• Installing eavesdropping device (KRS 526.030) – Class D felony
• Possession of eavesdropping device (KRS 526.040) – Class A misdemeanor
• Tampering with private communications (KRS 526.050) – Class D felony
• Divulging illegally obtained information (KRS 526.060) – Class D felony

Civil Liability

Victims of illegal recording may also bring civil suits for:

• Actual damages
• Punitive damages
• Injunctive relief
• Attorney’s fees

Frequently Asked Questions

Is Kentucky a one-party consent state?

Yes. Kentucky is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants.

Is Kentucky a two-party consent state?

No. Kentucky does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in Kentucky?

Yes. As a participant in the conversation, you can record without telling the other person.

Can I sue someone for recording me in Kentucky?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in Kentucky.

Do I need to tell someone I’m recording in Kentucky?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in Kentucky?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in Kentucky?

Eavesdropping is a Class D felony in Kentucky, punishable by 1-5 years in prison and up to $10,000 in fines.

Can recordings be used in divorce court in Kentucky?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Does Kentucky have hidden camera laws?

Yes. KRS 531.090 prohibits voyeurism and recording intimate images without consent.

Related Kentucky Laws

• Kentucky Car Seat Laws
• Kentucky Child Support Laws
• Kentucky Hit and Run Laws
• Kentucky Lemon Law
• Kentucky Sexting Laws
• Kentucky Statute of Limitations
• Kentucky Whistleblower Laws

Sources and Legal References

Source	Link
KRS 526.020 – Eavesdropping	Justia
KRS Chapter 526 – Full Chapter	Justia
Kentucky Open Meetings Act	KRS 61.805-61.850
Reporters Committee Recording Guide	RCFP

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed Kentucky attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	K.S.A. 21-6101
Kentucky	One-party consent. Class D felony for eavesdropping.	KRS 526.020
Louisiana	One-party consent.	La. Rev. Stat. Ann. § 15:1303
Maine	One-party consent.	Me. Rev. Stat. Ann. tit. 15, § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Ann. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.00
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.