Is it legal in Ohio to record a phone conversation without the other person's consent??



Answers:
You are ok recording a conversation that you are taking a part in. you cannot record phone conversations of other people though.
Ohio Revised Code:

* Wiretapping and Electronic Surveillance, ORC 2933.51-2933.66

o

When wiretapping is a criminal offense, ORC 2933.52. See especially ORC 2933.52(B)(3) regarding exceptions for a party to the communication.

o

Divulgence of communication by provider of electronic communication service, ORC 2933.521.

o Interception warrants for investigating officers: ORC 2933.53-61, 64, 66.

o Use of intercepted communication as evidence: ORC 2933.62-63.

o Civil action for damages: ORC 2933.65

* Telephone and Telegraph Company Divulging of Messages: ORC 4931.26, 4931.28, 4931.99

* Voyeurism: ORC 2907.08
Ohio Rev. Code Ann. § 2933.52: Intercepting, recording or disclosing the contents of a wire, oral or electronic communication if a person is a participant, or has obtained the consent of at least one participant, is legal unless it is accompanied by a criminal or tortious intent.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Ohio Rev. Code Ann. § 2933.51. The Ohio Supreme Court has held that prisoners do not have a reasonable expectation of privacy in their communications, for purposes of the wiretapping law. State v. Robb, 723 N.E.2d 1019 (Ohio 2000).

Illegal interceptions are felonies and also carry potential civil liability for the greater of actual damages, $200 per day of violation or $10,000, along with punitive damages, attorney fees and litigation expenses. Ohio Rev. Code Ann. § 2933.65.

The recording of cordless telephone conversations picked up, initially inadvertently, through a baby monitor without the consent of any party to the conversations was found to be an illegal interception of both an oral and wire communication by the state's highest court in 1994. Ohio v. Bidinost, 644 N.E.2d 318 (Ohio 1994).

Ohio has an anti-voyeurism law that prohibits surreptitiously invading a person's privacy for sexual purposes. Ohio Rev. Code Ann. § 2907.08.

EDITED FOR CLARIFICATION:

Federal Anti-eavesdropping statutes only apply to interstate claims whereby you are on the phone to someone in another state and recording that conversation. Then suit can be brought in federal court.

Also, if you are on a cell phone, then the suit is Federal and falls under the above.

Another point you need to know is that if you are indeed speaking with someone in another state, and THAT state has an 'all-party' ruling on recording, federal law will be decided on the most stringent of the two states.

Also, the exact situation needs to be know before a definitative answer can be given.
I think this is more a federal regulation than a state. Since the Feds (FCC) regulate phones, it's definately a federal offense.


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