In movies and magazine stories throughout modern history, one generally sees or reads about people recording other people in an effort to gather information whether that be for a news story, incriminating someone or by means of espionage. You see a tape recorder under a garment of clothing or behind a back and usually one party is privy to the fact there is recording going on.

Some places in our country permit such actions and some do not.

What's a 2 party consent state, and is Montana one of them?

2 party consent as far as recording is concerned are laws that stipulate that if a person is recording a conversation all parties involved need to be informed of the activity.

Montana is one of those 2 party consent states. It's against the law to have anything recording a conversation hidden.

According to Montana code 45-8-213 Privacy in communications it stipulates that:

A person commits the offense of violating privacy in communications if the person knowingly or purposely:

-records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation.


The exceptions to the rule are for public speaking, public duties, and public displays of education information, as well as an exception to hostage situations.

As usual, there are fines and consequences for breaking the law.

A person convicted of the offense of violating privacy in communications shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

Fines and jail time get more severe with repeat offenses. Click above to read the full translation of the law before you record someone.

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