Kentucky Revised Statutes, Chapter 526 — Eavesdropping and Related Offenses

Title L — Kentucky Penal Code

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title L Kentucky Penal Code

Chapter 526 Eavesdropping and Related Offenses

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.

526.020 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.

526.030 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.

526.040 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.

526.050 Tampering with private communications.

(1) A person is guilty of tampering with private communications when knowing that he does not have the consent of the sender or receiver, he unlawfully:

(a) Opens or reads a sealed letter or other sealed private communication; or

(b) Obtains in any manner from an employee, officer or representative of a communications common carrier information with respect to the contents or nature of a communication.

(2) The provisions of this section do not apply to the censoring of sealed letters or sealed communications for security purposes in official detention or penal facilities.

(3) Tampering with private communications is a Class A misdemeanor.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 230, effective January 1, 1975.

526.060 Divulging illegally obtained information.

(1) A person is guilty of divulging illegally obtained information when he knowingly uses or divulges information obtained through eavesdropping or tampering with private communications or learned in the course of employment with a communications common carrier engaged in transmitting the message.

(2) Divulging illegally obtained information is a Class A misdemeanor.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 231, 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.

526.080 Forfeiture.

Any electronic, mechanical or other device designed or commonly used for eavesdropping which is possessed or used in violation of this chapter, is forfeited to the state and shall be disposed of in accordance with KRS 500.090.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 233, effective January 1, 1975.