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Is It Illegal to Tape Record Conversation in Kentucky?

It is not illegal to tape record a conversation if you are a party to the conversation.  It is illegal to tape record a conversation between 2 other parties who are unaware of the recording; this is also known as eavesdropping.  Eavesdropping is a Class D felony in the Commonwealth of Kentucky. KRS §526.010 Definition. The following definition applies in this chapter, unless the context otherwise requires: "Eavesdrop" means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device. Often in divorce cases the issue comes up regarding tape recording conversations or video taping exchanges between the parties or with the children.  There is nothing illegal about tape or video recording so long as the person recording is involved in the conversation. For example, you can tape record a conversation where your spouse admits that you are a good parent.  You cannot, however, tape record a conversation between your spouse and his girlfriend without the consent of at least one of them. If you have other questions or if you have been charged with a crime in Northern Kentucky, contact Michael Bouldin at mwbouldin@fuse.net or call 859-581-6453 to schedule a consultation.

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