KRS 526.020: Eavesdropping in the First Degree

What Is KRS 526.020?

KRS 526.020 is Kentucky’s first-degree eavesdropping statute. It criminalizes intercepting wire, oral, or electronic communications. People in Lexington and Louisville face these felony charges in cases involving recording phone calls without consent and similar conduct.

What the Statute Prohibits

A person commits first-degree eavesdropping when they intentionally use any device to overhear, record, amplify, or transmit any wire or oral communication without the consent of at least one party.

Kentucky’s One-Party Consent Rule

Kentucky is a “one-party consent” state — meaning recording is generally legal if at least one party to the conversation consents. If you’re a participant in the conversation, you can usually record it legally.

When It Becomes Criminal

Recording conversations you’re not part of
Recording without any party’s consent
Wiretapping phone lines
Using bugs or hidden devices

Penalties Under KRS 526.020

Class D felony: 1 to 5 years in prison
Substantial fines

Defenses Available

You had at least one party’s consent
You were a party to the conversation
Authorization (law enforcement with proper warrants)
The “communication” wasn’t actually private

Federal Wiretap Act

Eavesdropping cases may also involve federal Wiretap Act charges with potentially much more severe penalties.

Clark + Harris Defends Privacy Crime Cases

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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