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Kentucky Recording Laws

Kentucky Recording Law Summary:

Kentucky recording law stipulates that it is a one-party consent state. In Kentucky, it is a criminal offense to use any device to record, obtain, share or use 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 Kentucky, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ky. Rev. Stat. Ann. § 526.020.

This state’s voyeurism laws also forbids the recording or disclosure of illegally obtained images. Ky. Rev. Stat. Ann. § 531.090.

Personal Conversations:

You may not record, obtain, share or use 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.

Penalties:

Ky. Rev. Stat. Ann. §§ 532.060, 534.030: Recording or obtaining private communications in violation of Kentucky’s eavesdropping law, as well as sharing images in violation of the state’s video voyeurism law, are both considered felonies and are subject to a $5,000 fine and a maximum of five years imprisonment.

Ky. Rev. Stat. Ann. §§ 532.090, 534.040: Infractions against Kentucky’s hidden camera laws and sharing content intercepted by eavesdropping are considered misdemeanor offenses subject to a $500 fine and a maximum of one year in jail.

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