Can I legally record a phone call or conversation in Missouri?

Missouri's Wiretapping statute follows the federal one-party consent model.

1. Consent Rule

Mo. Rev. Stat. § 542.402.1 prohibits intentionally intercepting wire communications or disclosing such information. § 542.402.2(3) exempts a person who is a party to the communication or has the consent of one party — establishing one-party consent for wire and electronic communications.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 matches Missouri's one-party standard.

3. In-Person vs Electronic

Missouri's statute focuses on wire and electronic communications. § 542.400(13) defines "oral communication" in connection with the wiretap framework. In-person recording by a participant generally is permitted unless made in a place with a reasonable expectation of privacy and the recorder lacks consent.

4. Cross-Border Calls

When the other party is in an all-party state, the stricter state's law may apply. Missouri residents should disclose recording on calls to CA, FL, IL, MA, MD, PA, or WA.

5. Criminal Penalties

Violation of § 542.402 is a Class E felony — up to 4 years prison and a fine up to $10,000. Disclosure or use of illegally intercepted material is also a Class E felony.

6. Civil Liability

Mo. Rev. Stat. § 542.418 provides civil action for actual damages, punitive damages, $100/day or $1,000 statutory minimum, reasonable attorney fees, and litigation costs. Federal § 2520 provides parallel relief.

7. Exceptions

Party consent or one-party consent; law enforcement under court order under §§ 542.404-542.420; service provider monitoring; FCC-authorized interception; recording not for criminal or tortious purpose.

8. Video / Surveillance

Mo. Rev. Stat. § 565.252 (invasion of privacy) is a Class E felony for photographing or filming a person without consent in a state of undress in a place where person has a reasonable expectation of privacy.

This is legal information, not legal advice.