Yes, Missouri permits one-party consent recording under state law, aligning with its wiretapping statutes. The 2006 amendments to Mo. Rev. Stat. § 542.402 explicitly allow individuals to record conversations without notifying other parties, provided they are a participant. Federal law (18 U.S.C. § 2511) does not override this, as Missouri follows the “single-party” rule. However, recordings intended for criminal or tortious purposes remain unlawful under Mo. Rev. Stat. § 565.252.
Key Regulations for One-Party Consent Recording in Missouri
- Participant Exemption: Only parties to the conversation may legally record; third-party interception is prohibited under Mo. Rev. Stat. § 542.402(2).
- Interstate Calls: If one party is in Missouri and another in a two-party state (e.g., California), federal courts defer to Missouri’s one-party rule under United States v. Veach (8th Cir. 2018).
- Business & Government Use: Employers recording employee communications must comply with Mo. Rev. Stat. § 565.252, which criminalizes eavesdropping for illicit purposes, even under one-party consent.
Local enforcement falls under the Missouri Attorney General’s Consumer Protection Division, which has not issued 2026 guidance altering the statute’s interpretation. However, the 8th Circuit’s 2023 ruling in State v. Smith reinforced that recordings must not violate wiretapping laws when used in legal proceedings. Violations may result in civil penalties (up to $10,000 per offense) or criminal charges if the recording is disseminated unlawfully.