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

Ohio's Interception of Wire, Oral, or Electronic Communications Act follows the federal one-party model.

1. Consent Rule

Ohio Rev. Code § 2933.52 prohibits intentionally intercepting wire, oral, or electronic communications. Subsection (B)(4) exempts a person who is a party to the communication or who has obtained prior consent from one party — making Ohio a one-party consent state.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 also requires only one-party consent. Ohio law mirrors federal.

3. In-Person vs Electronic

"Oral communication" under § 2933.51(B) requires expectation that it is not subject to interception under circumstances justifying that expectation. Phone and electronic communications are protected without an expectation-of-privacy element.

4. Cross-Border Calls

When the other party is in an all-party state (e.g., Michigan in some contexts, Pennsylvania, Illinois), courts often apply the stricter state's law. An Ohioan recording without disclosure may face civil exposure in the other state.

5. Criminal Penalties

Violation of § 2933.52 is a fourth-degree felony — 6 to 18 months in prison and up to $5,000 fine. Disclosure or use of illegally intercepted material is also a fourth-degree felony.

6. Civil Liability

Ohio Rev. Code § 2933.65 authorizes civil action for actual damages (minimum $200 per day or $10,000), punitive damages, attorney fees, and litigation costs. Federal § 2520 provides $10,000 or $100/day.

7. Exceptions

Party consent; law enforcement under court order issued under § 2933.53-§ 2933.66; switchboard operator and service-provider monitoring; FCC-authorized interception; recording for purpose of committing tortious or criminal act is not protected by the one-party exception.

8. Video / Surveillance

Ohio Rev. Code § 2907.08 (voyeurism) criminalizes secretly recording another in a state of nudity. Silent public video is generally permitted.

This is legal information, not legal advice.