Missouri Recording Laws*

Missouri Recording Law Summary:

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

Quick Answer

Missouri 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, provided you are not recording to commit a crime or tort. Missouri classifies illegal wiretapping as a Class E felony.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	Mo. Rev. Stat. § 542.402
Criminal Penalty	Class E Felony
Civil Damages	$100/day or $10,000 minimum

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Understanding Missouri’s Recording Laws

The Legal Foundation

Missouri’s wiretapping and electronic surveillance laws are found in Chapter 542 of the Missouri Revised Statutes. The key statutes are:

• Mo. Rev. Stat. § 542.402 – Penalty for illegal wiretapping; permitted activities
• Mo. Rev. Stat. § 542.418 – Civil remedies for victims

Under § 542.402, recording is permitted when at least one party to the communication consents, provided the recording is not made for the purpose of committing any criminal or tortious act.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Missouri, 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 Illinois (Missouri’s neighbor) require everyone in the conversation to agree to be recorded.

The “No Criminal or Tortious Purpose” Requirement

Missouri’s one-party consent exception requires that the recording not be made for the purpose of committing any criminal or tortious act. This means you cannot record for purposes of:

• Blackmail or extortion
• Committing or facilitating any crime
• Harassment or stalking
• Any civil wrong (tort)

Recording Phone Calls in Missouri

Can You Record Phone Calls in Missouri?

Yes. Under Mo. Rev. Stat. § 542.402, 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

Special Rules for Different Phone Types

Missouri law has specific provisions about different types of phone communications:

• Cellular to landline: Protected under Missouri law
• Cordless phone to cordless phone: May have reduced protection if both devices communicate entirely by radio signal
• Wire communications: Fully protected when made through wire, cable, or similar connection

Recording Calls Across State Lines

If you’re in Missouri calling someone in a two-party consent state, the stricter law typically applies. Be especially careful with neighboring Illinois which requires all-party consent. States requiring all-party consent include:

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

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

Business Call Recording

Missouri 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 Missouri 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)
• You have no criminal or tortious purpose

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 recording for a criminal or tortious purpose
• You’re using illegally obtained recordings for any purpose

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

Missouri Video Recording Laws

Public Spaces

Missouri 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 Privacy

On private property, the property owner sets the rules. Missouri also has laws 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?

Missouri 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 and have no criminal or tortious purpose. 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 Missouri law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Missouri?

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

Missouri’s Sunshine Law (Mo. Rev. Stat. Chapter 610) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

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

Specific Situations

Can I Record My Landlord in Missouri?

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 Missouri?

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 DFS Workers?

Yes. Department of Social Services (DSS) and Division of Family Services (DFS) 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 Missouri?

Yes. Dashcams are legal in Missouri. 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 Missouri

Are Recordings Admissible in Court?

Recordings made legally under Missouri’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 criminal charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Missouri

Criminal Penalties (Mo. Rev. Stat. § 542.402)

Illegal wiretapping in Missouri is classified as a Class E felony (reclassified from Class D in 2017). This includes:

• Knowingly intercepting wire communications without authorization
• Disclosing contents of illegally intercepted communications
• Using contents of illegally intercepted communications

Classification	Potential Penalty
Class E Felony	Up to 4 years imprisonment

Civil Liability (Mo. Rev. Stat. § 542.418)

Victims of illegal wiretapping may sue for:

• Actual damages or liquidated damages of $100 per day, with a minimum of $10,000 (whichever is greater)
• Punitive damages for willful violations
• Attorney’s fees and litigation costs

Good Faith Defense

Missouri law provides a defense for those who relied in good faith on a court order that was later found to be invalid. This provides protection for law enforcement and others acting under what they believed was proper authority.

Frequently Asked Questions

Is Missouri a one-party consent state?

Yes. Missouri is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants, provided you have no criminal or tortious purpose.

Is Missouri a two-party consent state?

No. Missouri 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 Missouri?

Yes. As a participant in the conversation, you can record without telling the other person, as long as you have no criminal or tortious intent.

Can I sue someone for recording me in Missouri?

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 Missouri.

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

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 Missouri?

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 Missouri?

Illegal wiretapping is a Class E felony, punishable by up to 4 years imprisonment. Civil liability includes minimum damages of $10,000 plus punitive damages.

Can recordings be used in divorce court in Missouri?

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

Is it illegal to record cordless phone calls in Missouri?

Communications between two cordless phones using only radio signals may have reduced protection. However, calls between cellular phones and landlines are fully protected.

Related Missouri Laws

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

Sources and Legal References

Source	Link
Mo. Rev. Stat. § 542.402 – Illegal Wiretapping	Missouri Revisor
Mo. Rev. Stat. § 542.418 – Civil Remedies	Missouri Revisor
Missouri Chapter 542 – Full Chapter	Missouri Revisor
Missouri Sunshine Law	Chapter 610
Digital Media Law Project	DMLP

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 Missouri 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.	KRS 526.020
Louisiana	One-party consent.	La. R.S. 15:1303
Maine	One-party consent.	15 M.R.S.A. § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent. Class E felony. $10,000 min civil.	Mo. Rev. 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.