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In Ohio, it is not a crime to intercept a wire, oral, or electronic communication if the person recording is a party to the conversation, if one party has consented to taping, or if the conversation is not taped for the purpose of committing a criminal or tortious offense. Ohio Rev. Code ann. § 2933.52. Under the statute, consent is not required to tape a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication.

Illegal interceptions are felonies and also carry potential civil liability for the greater of actual damages, $200 per day of violation or $10,000, along with punitive damages, attorney fees, and litigation expenses. There is a two-year statute of limitations to bring a civil action. Ohio Rev. Code ann. § 2933.65.

Inside Ohio