Privacy Law Library

Privacy in Communications (recording consent and interception)

MT Privacy in Communications

Communications

Montana is an all-party-consent state for hidden recording: it is a crime to record a conversation with a hidden device without the knowledge of all parties, unless the parties were warned. It is also a crime to purposely intercept electronic communications without warning. A 2025 amendment (Ch. 686, L. 2025) added AI-generated ('digitally fabricated') intimate images to the image-disclosure and sextortion offenses.

Where

Montana

Citation

Mont. Code Ann. 45-8-213

Status

In force

Last amended

2025-10-01

Enforced by

County attorneys and the Attorney General (criminal prosecution)

People can sue

No

Penalties

Misdemeanor: up to $500 fine and/or 6 months in jail; repeat harassment offenses escalate to $10,000 and 5 years; second or later intimate-image offenses are felonies up to 5 years and $25,000 (45-8-213(4)).

Applies to

• Any person who records a conversation with a hidden device without the knowledge of all parties, or purposely intercepts an electronic communication (45-8-213(1)(c), (3))
• Exceptions: public officials and employees performing official duties, speakers at public meetings, persons warned of recording (one party's warning lets either party record), and health care emergency call recording (45-8-213(2)(a))
• Also covers threatening or harassing electronic communications and nonconsensual disclosure or extortion using real or AI 'digitally fabricated' intimate images (45-8-213(1)(a)-(b), (d)-(e))