The thought of someone recording your conversation seems like a breach of privacy, but it’s actually legal in many states. If you plan on recording phone calls, in-person conversations, or videos with sound, your state may allow you to legally record the entire conversation as long as at least one party is aware of the recording. The laws vary by state, so remember that if they’re not followed correctly, you may be at risk of criminal prosecution.
What are your state’s laws? Let’s find out.
Legality
Laws pertaining to the recording of conversations vary by a state and federal basis. The main thing you must keep in mind is that you may either have to get one party’s permission or everybody’s permission in order to record a conversation or phone call. Some states allow one party to consent, while other states require two or more parties to consent. Therefore, it’s best to review your state’s requirements before moving forward with any recordings.
In addition to that, it becomes more complicated when individuals are located in different states. For example, let’s say that there’s a conversation happening between two people: one person is in Texas while the other is located in California. California law requires both parties to consent while Texas only requires one party to consent to any recording. So, which law applies to this situation? There’s no clear answer, so it’s best to either get consent from all parties or to follow the strictest state policy. This ensures that you’re not inadvertently breaching any privacy or wiretapping laws.
Recording Conversations Under Federal Law
The federal law, under Title 18 2511, requires one-party consent when it comes to the recording of any conversation. This means that at least one person involved in the conversation must be aware that the conversation is being preserved. If someone wants to record a conversation that they’re not involved in, they must receive permission to record the conversation from at least one person who’s participating in the dialogue.
Additionally, you must not record a conversation with criminal intent, such as for use in a blackmail scheme or other nefarious purposes.
What is Consent?
Consenting to any recorded conversation typically comes in the form of verbal communication, which should be recorded. Generally, in order to get consent for any form of conversation-recording, one (or more) party must:
Notify the person that they intend to record
Let the person know why they’re recording
Get consent off-the-record
Start the recording
Re-confirm their consent on the recording device
Remember, each state has different requirements. Before recording any conversation, ensure that you get consent from all necessary parties.
State Conversation Recording Laws
Each state has its own wiretapping statutes and rules regarding how to handle conversation recordings. State law dictates how consent needs to be handled, and whether one or more parties need to be present during the consent process. Additionally, states also clarify whether recording devices are permitted in public meetings or court hearings. Overall, it’s vital that you check your state’s laws before recording anything.
States that Require One-party Consent
One-party consent means that the states below only require one person’s consent before recording any conversation.
These states include: Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.
States that Require All-Party Consent
The states below require all participating parties to give consent before recording conversations:
California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington.
Breaking Down the Laws
For more details or to hear about penalties (such as misdemeanors or felonies), you may either visit your state’s government website or you may look at this helpful recording guide by Justia.com. Generally, it’s a good idea to check on your state’s website or to consult with legal counsel before recording any conversation. This is the best way to avoid any legal penalties.
A
Alabama
At least one party should consent before any recording occurs.
Alaska
One party must consent to any recording.
Arizona
One or more parties must consent to a recording of any kind.
Arkansas
You may not record any in-person or phone conversation if you’re not in the party.
C
California
All parties must consent to any in-person or phone conversation. In certain situations, there must also be an audible beep at specific intervals.
Colorado
One party must consent to any recorded conversation.
Connecticut
Under criminal law, at least one party must consent. However, in the civil context, all parties must consent in writing prior to the conversation.
D
Delaware
All parties must consent to any recordings.
District of Columbia
One person must consent to any recording or any conversation.
F
Florida
All parties must consent to any recording.
G
Georgia
You must receive consent from at least one party involved.
H
Hawaii
One party must consent to any recording.
I
Idaho
The consent of at least one party is required before recording.
Illinois
All parties must consent to the recording of any conversation. Recording in public places is acceptable.
Indiana
You may record a conversation as long as one party consents.
Iowa
You must receive the consent of at least one party in order to record a conversation.
K
Kansas
One party must consent to any type of recording.
L
Louisiana
You must receive consent from one party.
M
Maine
At least one party must consent to any recording.
Maryland
All parties must consent to any oral or telephone conversation.
Massachusetts
All parties must consent to any oral, telephone, or wire communication conversation.
Michigan
All telephone and in-person conversations must have the consent of all parties.
Minnesota
You must receive consent from one or more parties, and the recording must not have criminal intent.
Mississippi
One party must consent to any recording.
Missouri
You must receive consent from at least one party.
Montana
All parties must consent to any recording pertaining to an in-person conversation or phone call.
N
Nebraska
One party must consent to any recording.
Nevada
It is illegal to record oral communication without the consent of one party. Also, all parties must give consent to any phone conversation.
New Hampshire
All parties must consent to any in-person or telephone conversation.
New Jersey
One party must consent to any in-person or telephone conversation recordings.
New Mexico
There aren’t laws prohibiting individuals to record in-person conversations. However, one party must give consent for any electronic conversations.
New York
At least one party must give consent for any in-person or telephone conversation recording.
North Carolina
In-person and telephone call recordings are legal as long as one person consents.
O
Ohio
One party must consent to any conversation recording.
Oklahoma
You must receive permission from at least one party to record a conversation.
Oregon
You may record any telephone conversation with the consent of one party, but in-person conversations require consent from all parties.
P
Pennsylvania
All parties must consent to any recordings.
R
Rhode Island
In-person and phone conversations must recieve permission from at least one party before any recordings.
S
South Carolina
At least one party must consent.
South Dakota
One party must consent to any type of conversation recording.
T
Tennessee
At least one party must consent to any type of recording.
Texas
Any oral or electronic communication must undergo consent from at least one party before recording.
U
Utah
One party must consent to any recording.
V
Vermont
There are no specific laws, however, officers may not place recording devices inside of people’s residences without their knowledge.
Virginia
One party must consent to any recordings.
W
Washington
All parties must consent to any recordings. An announcement made to all parties is considered “consent.”
West Virginia
You must receive permission from at least one party.
Wisconsin
One party must consent to any type of recording.
Wyoming
At least one party must consent to the recording.
Next Steps
Generally, before taking any action to record a conversation, it’s wise to speak with a legal expert or with your local labor board. They will be able to tell you who needs to give consent and how to do it correctly. This is a fantastic way to prevent yourself from receiving any sort of legal punishments later on.
Remember: As a rule of thumb, it’s important to follow whatever law is the strictest when you’re communicating with someone in a different state. Ultimately, the law that requires consent from all parties applies in this situation.
