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

Wisconsin's Electronic Surveillance Control Law follows the federal one-party consent rule.

1. Consent Rule

Wis. Stat. § 968.31(1) makes it a crime to intentionally intercept, endeavor to intercept, or procure another to intercept any wire, electronic, or oral communication. § 968.31(2)(b) exempts a person who is a party to the communication or who has the prior consent of one party — establishing one-party consent.

2. Federal Overlay

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

3. In-Person vs Electronic

"Oral communication" under § 968.27(12) requires expectation that the communication is not subject to interception. Wire and electronic communications protected regardless.

4. Cross-Border Calls

A Wisconsinite recording a call with a party in an all-party state (FL, CA, IL, MA, MD, PA, WA) may face civil liability under that state's stricter law.

5. Criminal Penalties

Violation of § 968.31 is a Class H felony — up to 6 years prison and a fine up to $10,000. Disclosure or use of illegally intercepted material is also a Class H felony.

6. Civil Liability

Wis. Stat. § 968.31(2m) provides civil action for actual and punitive damages, $100/day or $1,000 whichever is greater, 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 § 968.30; service provider monitoring; FCC-authorized interception; recording not for criminal or tortious purpose; emergency situations.

8. Video / Surveillance

Wis. Stat. § 942.08 (invasion of privacy) is a Class A misdemeanor or Class I felony depending on circumstances — covers covert video recording of private areas without consent.

This is legal information, not legal advice.