Kentucky: Call and Conversation Recording Consent Requirements

Requirements one by one

Governing law and covered recording

Kentucky's recording rules come from its eavesdropping statute, KRS Chapter 526. The key word is "eavesdrop," defined as "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" (KRS 526.010). KRS 526.020 then makes it a crime—a Class D felony—to intentionally use a device to eavesdrop. Everything about Kentucky's rule follows from the two phrases in the definition: "of others" and "without the consent of at least one (1) party."

Whose consent a participant needs

Kentucky requires only one party's consent, and the rule is built into the definition of the offense rather than added as an exception. Because eavesdropping reaches only a communication "of others ... without the consent of at least one (1) party" (KRS 526.010), a call or conversation you are part of is not a communication "of others," and you supply the necessary consent simply by being a participant. One party's consent also makes a recording by someone outside the conversation lawful.

Privacy, confidentiality, or secrecy trigger

Kentucky's law does not turn on a reasonable expectation of privacy. Unlike many states, the statute has no "confidential communication" or "private conversation" element. What it requires is the use of "any electronic, mechanical or other device" to capture a wire or oral communication of others without a party's consent (KRS 526.010). A conversation overheard by the naked ear, without a device, is not eavesdropping at all.

Telephone, in-person, and electronic coverage

Kentucky treats a telephone call and a face-to-face conversation the same way: both are covered as a "wire or oral communication of others" recorded with a device (KRS 526.010). There is no separate, stricter rule for one medium or the other, and no privacy threshold that applies to in-person talk but not to phone calls. In every case the two things that matter are whether a device was used and whether a party consented.

Criminal classification and penalty

Eavesdropping is a Class D felony (KRS 526.020(2)). A Class D felony carries a prison term of "not less than one (1) year nor more than five (5) years" (KRS 532.060(2)(d)), and a person convicted of a felony must also be fined between $1,000 and $10,000, or double any gain from the offense, whichever is greater (KRS 534.030). This exposure falls on someone who records a communication of others without a party's consent; a lawful participant recording is not an offense. Separately, divulging information obtained by illegal eavesdropping is its own offense (KRS 526.060).

Civil remedy and evidence effect

Kentucky's eavesdropping chapter is entirely criminal. KRS Chapter 526 runs from the definition (526.010) through forfeiture (526.080) and creates offenses, narrow exceptions, and forfeiture—but no civil lawsuit for a person who was unlawfully recorded, and no statute making an unlawful recording inadmissible. Someone recorded in violation of the law must look to a separate common-law theory for any damages, and whether a recording can be used in court is decided under Kentucky's ordinary rules of evidence and case law, not under the eavesdropping statute.

What trips people up

Recording your own call is fine; recording other people's is a felony. The statute only reaches a communication "of others" recorded "without the consent of at least one (1) party" (KRS 526.010). If you are on the call, or one participant agreed, you are outside the offense. Record a conversation you are not part of, with no party's consent, and you face a Class D felony—one to five years (KRS 526.020; KRS 532.060).

There is no "expectation of privacy" loophole or requirement. Kentucky's law does not ask whether the conversation was private in the way California's or Florida's does. It asks whether a device was used to capture a communication of others without a party's consent. That makes the party-and-consent question, not the setting, decisive.

No wiretap lawsuit—but real criminal exposure. Unlike some states, Kentucky's eavesdropping chapter gives the person recorded no statutory civil claim for damages. The consequence for an unlawful recording runs through the criminal system (a felony), and any civil claim would have to rest on separate common-law grounds.

Common questions

Do I have to tell the other person I am recording our Kentucky phone call? No. As a party to the call you may record it without telling anyone, because recording your own conversation is not eavesdropping under KRS 526.010.

Is recording an in-person conversation different from recording a phone call here? No. Kentucky covers both a "wire" and an "oral" communication of others in the same definition (KRS 526.010), and the one-party consent rule applies to each. What matters is that a device was used and that a party consented.

Can I sue someone who recorded me illegally in Kentucky? Not under the eavesdropping statute, which provides no civil action. The person can be prosecuted for a Class D felony, but any lawsuit for damages would have to rely on a separate common-law claim.

Statutes and sources

• KRS 526.010 — definition of "eavesdrop" (device-based, one-party consent). https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19948 (accessed 2026-07-20)
• KRS 526.020 — eavesdropping offense; Class D felony. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19949 (accessed 2026-07-20)
• KRS 526.070 — exceptions (inadvertent party-line overhear; common-carrier employees). https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19954 (accessed 2026-07-20)
• KRS 532.060 — Class D felony term of imprisonment (one to five years). https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54992 (accessed 2026-07-20)
• KRS 534.030 — felony fine ($1,000–$10,000 or double gain). https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20097 (accessed 2026-07-20)
• 18 U.S.C. § 2511(2)(d) — federal private-participant consent rule. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2511&num=0&edition=prelim (accessed 2026-07-20)