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Ely
Ely, Counselor at Law
Category: Criminal Law
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In Missouri can a conversation be taped with neither party

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In Missouri can a conversation be taped with neither party knowing the conversation is being taped
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is no. Unless the taping party has consent of at least one of the individuals in a conversation, the conversation cannot be taped. Mo. Ann. Stat. § 542.402.

The exception to this is a reasonable expectation of privacy. If the conversational parties have a reasonable expectation of privacy, then the conversation cannot be taped. If they do not, then it may be.

Example: Normal-voice conversation at a restaurant table cannot be taped. However, talking loudly in a public park has no reasonable expectation of privacy and may be taped.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.


What are the damages??? Is this criminal???

S,

This may be criminal and civil in nature.

Criminally, if the person does this without authorization and with the individuals he was recording having a reasonable expectation of privacy, then they may face a class D felony (up to four years in prison).

Civilly, the individual may be sued for invasion of privacy, and face punitive damages in judgment.

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