Ohio Rev. Code Ann. § 2933.52: Intercepting, recording or disclosing
the contents of a wire, oral or electronic communication if a person is a
participant, or has obtained the consent of at least one participant, is
legal unless it is accompanied by a criminal or tortious intent.
Under the statute, consent is not required for the taping of a
non-electronic communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See
definition of "oral communication," Ohio Rev. Code Ann. § 2933.51. The
Ohio Supreme Court has held that prisoners do not have a reasonable
expectation of privacy in their communications, for purposes of the
wiretapping law. State v. Robb, 723 N.E.2d 1019 (Ohio 2000).
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. Ohio Rev. Code Ann. § 2933.65.
The recording of cordless telephone conversations picked up, initially
inadvertently, through a baby monitor without the consent of any party to
the conversations was found to be an illegal interception of both an oral
and wire communication by the state's highest court in 1994. Ohio v.
Bidinost, 644 N.E.2d 318 (Ohio 1994).
Ohio has an anti-voyeurism law
that prohibits surreptitiously invading a person's privacy for sexual purposes.
Ohio Rev. Code Ann. § 2907.08.