Ohio Recording Law Summary:
Is Ohio a One Party Consent State?
Ohio recording law stipulates that it is a one-party consent state. In Ohio, it is a criminal offense to use any device to record or share 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 Ohio, 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. Ohio Rev. Code Ann. § 2933.52 (West 2012).
You may not record, obtain, share or use conversations that you are not a part of without the consent of at least one party.
However, Ohio law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. Ohio Rev. Code Ann. § 2933.51.
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.
Ohio Video Recording Laws
It is illegal to trespass or secretly invade the privacy of another person to videotape, film, photograph, or otherwise record that person in a state of nudity for sexual gratification purposes. For example, recording someone who is using a public restroom is illegal because that is place where people expect privacy and maybe in a nude state. Ohio Rev. Code Ann. § 2907.08(B)
No person is allowed to secretly videotape, film, photograph, or otherwise record another person through or under that person’s clothing with the intention of viewing that person’s body or undergarments. Ohio Rev. Code Ann. § 2907.08(D)
Ohio Rev. Code Ann. § 2933.52: Recording a conversation in violation of Ohio law is a felony.
Ohio Rev. Code Ann. § 2907.08(E)(3)(5): Illegally recording another person who is in a state of nudity is a misdemeanor of the second degree which is punishable by imprisonment not exceeding 90 days. If the person is a minor, the offense is classed as a felony of the fifth degree which is punishable by imprisonment of 6-12 months or a fine not exceeding $2500 or both.
Ohio Rev. Code Ann. § 2907.08(E)(4): Recording through or under another person’s clothing is a misdemeanor of the first degree which is punishable by imprisonment not exceeding 180 days.