Legal Question in Criminal Law in Michigan

In Michigan, is it legal to record a conversation that you are taking part in without permission of all parties involved?


Asked on 4/05/10, 11:56 am

2 Answers from Attorneys

William Morrison Action Defense Center

750.539c Eavesdropping upon private conversation.

Sec. 539c.

Any person who is present or who is not present during a private conversation and who wilfully uses any device to eavesdrop upon the conversation without the consent of all parties thereto, or who knowingly aids, employs or procures another person to do the same in violation of this section, is guilty of a felony punishable by imprisonment in a state prison for not more than 2 years or by a fine of not more than $2,000.00, or both.

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Answered on 4/10/10, 6:34 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The short answer to your question is "no". The key terms in the statute quoted in the first answer are "private conversation" and "eavesdrop". If you are participating in the conversation, then the conversation is not private to YOU, and you cannot eavesdrop on your own conversation. But, what is illegal is if you are not part of the conversation and you are listening in or recording the other peoples' conversation (e.g., you are at the next table in the restaurant), or you are not even physically present but are recording (e.g., you have a recorder set to record all conversations on your ohome phone and your wife is on the phone while you are at work).

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Answered on 4/12/10, 5:46 am


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