Most states only require one party to consent for a conversation to legally be recorded. Is Illinois one of them?
Here’s what you should know.
Is it legal to record a conversation in Illinois?
It is only legal to record a conversation in Illinois if those involved follow the state’s two-party consent laws. Namely, both parties must consent for a conversation to be legally recorded.
According to the Illinois Compiled Statutes Chapter 720, recording conversations in the following scenarios is considered illegal eavesdropping:
Law enforcement officers following the state’s Code of Criminal Procedure are exempt from the guidelines.
Eavesdropping is considered a Class 4 felony for first-time offenders and a Class 3 felony for second or subsequent-time offenders. Those charged with Class 4 felonies face prison sentences of 1-3 years and fines of up to $25,000, while those with Class 3 felonies face prison sentences of 2-5 years and fines of up to $25,000.
Is Illinois a two-party consent state?
Yes. Illinois is a two-party consent state, which means it’s illegal to record a private conversation unless you have the consent of all parties.
List of two-party consent states
The following eleven states are considered two-party consent, according to the World Population Review:
Mixed consent states include Connecticut, Hawaii and Oregon.
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What are one-party consent states?
In one-party consent states, it’s legal to record a conversation with the consent of one party or person.
List of one-party consent states
A majority of states are considered single-party consent.
Here’s the full list:
Marina Johnson contributed to this article.
This article originally appeared on Journal Star: Is it legal to record a conversation in Illinois? Here’s what state law says
Reporting by Hannah Hudnall, Peoria Journal Star / Journal Star
USA TODAY Network via Reuters Connect
