self preservation
Regular Member
I have read about a lot of folks on here that carry recorders with them (I just started to carry one myself about 3 days a go) everywhere they go. I have even seen and taken advice to carry a recorder when OC'ing because sooner or later you will have an encounter with LEO. I have read that KY is a "one party consent." I was reading through some ordiances for the city of Owingsville and they had "possessing eavesdropping device, KRS 526.040, class A misdemeanor.", so I looked it up and found all the the below listed KRS's that pertain to recording devices. Some seem dry cut but some are confusing the hell out of me. I know you can't stick a recorder in a room and leave (526.030) it then comeback and retrieve it to see "what was said", but the the KRS's range from misdemeanor to felony. I need "KRS for eavesdropping for dummies" explained to me.
526.010 Definition.
The following definition applies in this chapter, unless the context otherwise requires:
"Eavesdrop" means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 226, effective January 1, 1975.
526.040 Possession of eavesdropping device.
(1) A person is guilty of possession of an eavesdropping device when he possesses any electronic, mechanical or other device designed or commonly used for eavesdropping with intent to use that device to eavesdrop or knowing that another intends to use that device to eavesdrop.
(2) Possession of an eavesdropping device is a Class A misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 229, effective January 1, 1975
526.030 Installing eavesdropping device.
(1) A person is guilty of installing an eavesdropping device when he intentionally installs or places such a device in any place with the knowledge that it is to be used for eavesdropping.
(2) Installing an eavesdropping device is a Class D felony.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 228, effective January 1, 1975.
526.020 Eavesdropping.
(1) A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time.
(2) Eavesdropping is a Class D felony.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 227, effective January 1, 1975.
526.070 Eavesdropping -- Exceptions.
A person is not guilty under this chapter when he:
(1) Inadvertently overhears the communication through a regularly installed telephone party line or on a telephone extension but does not divulge it; or
(2) Is an employee of a communications common carrier who, while acting in the course of his employment, intercepts, discloses or uses a communication transmitted through the facilities of his employer for a purpose which is a necessary incident to the rendition of the service or to the protection of the rights or the property of the carrier of such communication, provided however that communications common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
Effective: June 19, 1976
History: Amended 1976 Ky. Acts ch. 230, sec. 1, effective June 19, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 233, effective June 19, 1976.
526.010 Definition.
The following definition applies in this chapter, unless the context otherwise requires:
"Eavesdrop" means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 226, effective January 1, 1975.
526.040 Possession of eavesdropping device.
(1) A person is guilty of possession of an eavesdropping device when he possesses any electronic, mechanical or other device designed or commonly used for eavesdropping with intent to use that device to eavesdrop or knowing that another intends to use that device to eavesdrop.
(2) Possession of an eavesdropping device is a Class A misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 229, effective January 1, 1975
526.030 Installing eavesdropping device.
(1) A person is guilty of installing an eavesdropping device when he intentionally installs or places such a device in any place with the knowledge that it is to be used for eavesdropping.
(2) Installing an eavesdropping device is a Class D felony.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 228, effective January 1, 1975.
526.020 Eavesdropping.
(1) A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time.
(2) Eavesdropping is a Class D felony.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 227, effective January 1, 1975.
526.070 Eavesdropping -- Exceptions.
A person is not guilty under this chapter when he:
(1) Inadvertently overhears the communication through a regularly installed telephone party line or on a telephone extension but does not divulge it; or
(2) Is an employee of a communications common carrier who, while acting in the course of his employment, intercepts, discloses or uses a communication transmitted through the facilities of his employer for a purpose which is a necessary incident to the rendition of the service or to the protection of the rights or the property of the carrier of such communication, provided however that communications common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
Effective: June 19, 1976
History: Amended 1976 Ky. Acts ch. 230, sec. 1, effective June 19, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 233, effective June 19, 1976.