Is it illegal to tape record people without their knowledge in kansas?

Question

just wondering

Answer 1

In Kansas, it is neither invasion of privacy nor eavesdropping to record a telephone conversation IF the recording is accomplished with the consent of either the sender or receiver of the communication. A third party cannot
record the conversation without the consent of at least one of
the parties talking. This only applies if both the caller AND
the receiver are within the State of Kansas.

The law is different if the phone call is crossing State lines.
If the call crosses any State lines, then Federal Law applies,
and BOTH parties MUST give consent.

Answer 2

If you are a party to the conversation (if you are talking to someone on the phone and you are recording the conversation) it is definitely not illegal in Kansas. Just be sure that the other person is also in Kansas, because if they are out of state the laws can be tricky and the other state's law may apply. If you are considering recording a telephone conversation involving someone who is in a state where it is illegal to record with out both parties' consent, the question for law enforcement would be whether the crime occurs where the victim is - in which case the out of state laws would apply - or where the recording takes place - in which case Kansas laws would apply.

As for recording people remotely - that is recording a conversation or situation that you are not part of - my resident expert is unsure. I would not suggest doing it. We don't think the statute cited above applies to these scenarios as it refers essentially to stealing a message recorded for another person (i.e. tapping into someone's voicemail, opening their mail, etc.) rather than deliberately capturing a conversation that no one involved intended to have recorded.

Answer 3

"Kansas Statutes
21-4002
Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 40.--CRIMES INVOLVING VIOLATIONS OF PERSONAL RIGHTS
21-4002. Breach of privacy. (a) Breach of privacy is knowingly and without lawful authority:
(1) Intercepting, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of private communication; or
(2) Divulging, without the consent of the sender or receiver, the existence or contents of such message if such person knows that the message was illegally intercepted, or if such person illegally learned of the message in the course of employment with an agency in transmitting it.
(b) Subsection (a)(1) shall not apply to messages overheard through a regularly installed instrument on a telephone party line or on an extension.
(c) Breach of privacy is a class A nonperson misdemeanor. "

You might try searching the Statutes at:

http://www.kslegislature.org/legsrv-statutes/index.do

Also... the State Library of Kansas has an excellent email reference question service at:

http://www.kslib.info/askaquestion.html

Answer 4

If you're talking about phone calls, I believe that is a federal offense in all fifty states. It's not illegal to tape conversations under any other circumstances though. Undercover and vice do it all the time and it's always allowed to be presented in court. But never, never phone calls.

Answer 5

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Answer 6

35 states, including Kansas, allow you to secretly tape phone conversations.

Below is the link for the whole list.

Answer 7

No. You just can't use it in court. But if you create a little joke when you answer the phone like " hello you've reach me I'm unable to come to the phone right now but I'll record your message wait til the beep please" then say beep. The person will laugh thinking your being funny and you've told them your recording the call...Legally you've warned them now it's admissible.

Answer 8

In nevada it is try calling your state legilature or mayors office or if the have a legal librarry you can look it up ther or call them sometimes they will help by phone if you get someone nice

Answer 9

IDK...but i used 2 live in kansas!

Answer 10

It all depends on where it took place and the situation