Kentucky Recording Law Summary:
Is Kentucky a One Party Consent State
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.
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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.
Kentucky Video Recording Laws
It is against the law to intentionally use a camera, videotape or or any other image recording device to view, film or photograph the following without consent:
- Sexual conduct of another person.
- Genitals of another person.
- Undergarments worn without being publicly visible by another person.
- A female’s nipples.
Ky. Rev. Stat. Ann. § 531.090(1)(a)(1)
It is also illegal to view, film or photograph another person when that person is in a place where there is a reasonable expectation of privacy and where the person believes that his or her intimate parts and undergarments will not be viewed, filmed or photographed without that person’s knowledge or consent. For example, filming a person who is using a restroom is illegal because that person is in an area where there is a reasonable expectation of privacy. Ky. Rev. Stat. Ann. § 531.090(1)(b)
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.
Ky. Rev. Stat. Ann. § 531.090(4): Violating Kentucky’s video recording laws is considered voyeurism which is classed as a Class A misdemeanor and carries an imprisonment not exceeding 1 year.
More Kentucky Laws