Can I legally record a phone call or conversation in Illinois?
Illinois reenacted its eavesdropping statute in 2014 after the prior version was struck down in People v. Clark and People v. Melongo.
1. Consent Rule
720 ILCS 5/14-2(a) makes it unlawful to surreptitiously record a "private conversation" without the consent of all parties, or to record any "private electronic communication" without all-party consent. A "private conversation" is one where at least one party has a reasonable expectation it will not be heard or recorded.
2. Federal Overlay
Federal 18 U.S.C. § 2511 requires only one-party consent. Illinois's stricter rule applies to communications within the state.
3. In-Person vs Electronic
Both require all-party consent, but only when there is a reasonable expectation of privacy. Conversations in public places generally lack that expectation. Phone calls and electronic communications are protected regardless.
4. Cross-Border Calls
A call between an Illinois party and a party in a one-party state is generally governed by the stricter law (Illinois), and Illinois plaintiffs may sue in Illinois courts.
5. Criminal Penalties
First offense is a Class 4 felony — 1-3 years in prison and up to $25,000. Recording a law enforcement officer, judge, or attorney performing official duties is a Class 3 felony — 2-5 years.
6. Civil Liability
720 ILCS 5/14-6 provides actual and punitive damages, attorney fees, and injunctive relief. Federal § 2520 also applies.
7. Exceptions
Open and obvious recording; law enforcement under court order; recording in furtherance of a criminal investigation by a party who reasonably suspects another party is committing a crime of violence or threats (§ 14-3(i)); business telephone exception; any conversation not held in a private setting.
8. Video / Surveillance
720 ILCS 5/26-4 (unauthorized video recording) makes it a Class 4 felony to record someone in a restroom, tanning bed, locker room, or other private place without consent.
This is legal information, not legal advice.
- Charged with eavesdropping under 14-2 after recording a private conversation
- Recorded a police officer and face Class 3 felony charges
- Recording at issue in an Illinois divorce, OFP, or workplace harassment case
- 720 ILCS 5/14-1
- 720 ILCS 5/14-2
- 720 ILCS 5/14-3
- 720 ILCS 5/14-6
- 720 ILCS 5/26-4
- 18 U.S.C. § 2511
- 18 U.S.C. § 2520
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.