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Is it legal to record a call in Montana?

Montana is an all-party consent state for recording conversations. In an all-party consent state, all parties to the conversation must consent before it is recorded.

The statute

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; (d) with the purpose to terrify, intimidate, threaten, harass, or injure or to obtain money or other valuable consideration, publishes, distributes, or discloses real or digitally fabricated printed or electronic photographs, pictures, images, or films of an identifiable person without the consent of the person depicted that show: (i) t

Mont. Code Ann. 45-8-213(1)(c). Last verified 2026-07-03.source

Penalties under the Montana statute

The operative penalty language, quoted from the same archived official source:

(4) (a) 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.

Mont. Code Ann. 45-8-213(1)(c).source

Frequently asked questions

Can I record a phone call I am on in Montana?

Montana is an all-party consent state for recording conversations. In an all-party consent state, all parties to the conversation must consent before it is recorded. See the statute quoted above and confirm at the official source linked below. This is general information, not legal advice.

What penalties does the Montana statute provide?

The archived statute text provides: "(4) (a) 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." See the quoted provision above and the official source for full context. This is general information, not legal advice.

Sources

Important

This page is general information, not legal advice. Recording laws have edge cases that this summary does not cover, including in-person versus phone recording, calls that cross state lines, and law-enforcement exceptions. Laws change. Confirm the current statute at the official source linked below, and consult your own counsel before relying on it.