Mississippi Recording Law Summary:
Is Mississippi a One Party Consent State?
Mississippi recording law stipulates that it is a one-party consent state. In Mississippi, 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 Mississippi, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Miss. Code Ann. § 41-29-531(e).
This state’s hidden camera law forbids the recording or sharing of illegally obtained images. Miss. Code Ann. § 97-29-63.
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.
Mississippi Video Recording Laws
It is considered a felony to film, videotape, record or reproduce the image of another person without that person’s consent when that person is in place where a person may be in an undressed state and have a reasonable expectation of privacy, including, but not limited to, private dwellings or any facilities used as a restroom, bathroom, shower room, tanning booth, locker room, fitting room, dressing room or bedroom, for lewd, licentious or indecent purposes. Miss. Code Ann. § 97‐29‐63(1)(a)
It is also illegal to film, videotape, record or reproduce the image of an identifiable person under or through the clothing worn by that person with the intention of viewing the body or undergarments of that person without consent or knowledge of the person concerned, when that person has a reasonable expectation that his or her body or undergarments would not be viewed. Miss. Code Ann. § 97‐29‐63(b)(i)
Miss. Code Ann. § 41-29-533: The illegal obtainment of a conversation is considered a misdemeanor subject to a maximum fine of $10,000 and up to a year in jail.
Id: Sharing illegally obtained communications is considered a felony subject to a maximum fine of $10,000 and up to five years in prison
Miss. Code Ann. § 97-29-63(2)(a)(b): Recording anyone on camera illegally is subject to a $5,000 fine and up to five years in prison. This jail sentence doubles if the person being filmed is less than 16 years old.
More Mississippi Laws