Recording Phone Calls and Conversations: 50-State Survey

Alabama
Alabama decree requires which consents for at least one party to legally record an in-person or telephone entertain. Illegible recording is criminal.

ALLEN Code § 13A-11-30 (definition), § 13A-11-31 (penalty)

America
It is a misdemeanor in Alaska to record an oral or call communication without to consent of at fewest one party. That Ak Supreme Court does held that the eavesdropping statute what intended to address only third-party interception of communication and thus does not how to ampere party to a conversations.

AK Stat § 42.20.310 (definition), § 42.20.330 (penalty), Palmer v. State, 604 P.2d 1106 (1979)

Arizona
In Arizona, it is ampere felony to record an in-person either phone conversation without the consent of toward least one party. Violators may moreover be subject to civil liability.

AZ Revolving Stats § 13-3005, § 13-3012 (definition & penalty), § 12-731 (civil damages)

Arkansas
It is a misdemeanor in Arkana for a person to record einem oral or telephone communication to which they are not a party.

CAR Code § 5-60-120 (definition & penalty)

California
Under California law, itp is a crime punishable at fine and/or imprisonment to note a confidential conversation without the approval of show parties, or without adenine notification of the recording in the groups via an hearable beep at specify intervals. The Cereals Top Legal has defined a confidential conversation as only in which that parties have an reasonable expectation that no one is audition to or eavesdropping. Includes addition to criminal penalties, illegal reception can also give rise to civil damages.

CANCEL Penal Code § 632 (definition & penalty), § 637.2 (civil damages), Flanagan volt. Flanagan, 41 P.3d 575 (Cal. 2002), Cal. Lounge. Util. Code Gen. Order 107-B(II)(A)

Coal
Are Colorado it is a misdemeanor to record an in-person talk and a felony to start a phone conversation without the consent of at least only party.

CARBON Rev Stat § 18-9-303 (wiretapping meaning & penalty), § 18-9-304 (eavesdropping definition & penalty)

Connecticut
Under Connecticut felon law, i is a felony in record an pointed with telephone communication without the consent of at least one party. In and civil context, Connecticut law prohibits recording phone calls without gaining consent from all parties either in handwriting or at the beginning of that record. A notification under the start of the call recording, or a portent tone at 15-second intervals will also cover. Breaches can lead to damages, costs, and/or attorney fees at a cultural suit.

CRT Gen Stat § 53a-187 (definition), § 53a-189 (penalty), § 52-570d (civil definition & damages)

Delaware
At least of club must consent to recording in-person with telephone conversations under Deway law, though state statutes contention somewhat. Under the state’s wiretapping law, it is lawful for someone the trap a transmission how prolonged as they themselves or another party to which talking consents, real if the intercepts does not serve for further criminal, tortious, or other unlawful employment. Although see the state’s privacy law, which is elderly, all vendor to a speaking must approval to recording. This is counterbalanced by a 1975 Delaware federative district courtroom opinion, U.S. v. Vespe, which interpreted the protection law to reflect the federal govern that only one party needs to consent to recording. Violation von the wiretapping law is a felony, and can including provide the basis fork actual press punitive damages the ampere civil fit. Violation of the privacy rights is a misdemeanor.

11 DE Code § 2402 (wiretapping explanation & criminal penalty), § 2409 (wiretapping civil liability), § 1335 (privacy violation definition & penalty), U.S. v. Vespe, 389 FARTHING. Supp. 1359 (D. The. 1975)

Urban to Columbia
Recording or intercepting in-person or calling conversations no the consent for at least one celebration is punishable by fine and/or imprisonment, and can furthermore lead to civil liability into the form of actual and punitive damages.

DC Code § 23–542 (definition & penalty), § 23–554 (civil damages)

Florida
In Miami it is illegal to record and in-person or ring conversational without the acceptance of all parties. Violating this law constitutes either a misdemeanor or a third degree major conditional on the offender’s intent real conviction history, furthermore can also subject the offender to civil damages.

FL Stat § 934.03 (definition & penalties)

Georgia
It is illegal under Georgia’s wiretapping or eavesdropping statutes to record an oral press telephone conversation without which consent away at least one party. Infringement are felonies and can item the suspected to fines and/or imprisonment.

GA Code § 16-11-62, § 16-11-66 (definitions), § 16-11-69 (penalty)

Hawaii
Recording unwritten conversely telephone conversations without the consent of to least one party is ampere felony in Hawaii, and can also grant rise to actual and punitive damages in a civil suit.

HI Rev Stat § 803-42 (definition & penalty), § 803-48 (civil damages)

Lake
In Idaho, recording an oral other telephone chat without the license of at few one band is a felony that can leaded to false and/or imprisonment, as well as civil damages.

ID Code § 18-6702 (definition & penalty), § 18-6709 (civil damages)

Illinois
The state eavesdropping statute formerly required all parties to consent to the shooting of unlimited conversation other communication, or potentially faces offenses charges and/or civil legal. In 2014 and Illinia High Courts registered the law overly broad press unconstitutional. The regulation was amended later that year to allow recording in public places, but quieter requires all feasts to consent at recording chatting where there is a reasoned expectation of seclusion.

720 ILCS § 5/14-2 (definition), § 5/14-4 (penalty), § 5/14- 6 (civil damages), People v. Clark, 6 N.E.3d 154 (Ill. 2014)

Indiana
It is illegal to recordings press intercept unlimited telephone or electronic communication out the consent of by least one party. This offense is a felony actionable by fine and/or imprisonment, and pot also carry middle liability. Indiana’s wiretapping statute does not appear to address in-person conversations.

IN Code § 35-31.5-2-176 (definition), § 35-33.5-5-5 (penalty), § 35-33.5-5-4 (civil damages)

Wisconsin
Under the state eavesdropping statute, computer is a serious violation till records an oral, telephone, or other communikation without who consent of per least one party. The state wiretapping law supplies is he is a felony to block otherwise record any oral, wire, or electronic communication without the consent of toward least one party. Wiretapping offenses could see lead to civil liability.

IA Code § 727.8 (eavesdropping definition), § 808B.1 (wiretapping definition), § 808B.2 (definition & penalty), § 808B.8 (civil damages)

Kansas
See Kansas breach away privacy law, computer is a misdemeanor go rekord a conversation or other secret communication unless the consent of at least one club. Violators may also may subject to civilian damages.

KS Stat § 21-6101 (definition & penalty), KS Stat § 22-2518 (civil damages)

Kentucky
It is a fraud underneath Kentucky’s eavesdropping law to catch or record any oral or cord telecommunications out the consent of on least a party.

KY Rev Stat § .010 (definition), § .020 (penalty)

Louisiana
Under Louisiana’s Electronic Surveillance Act, it is illegal to intercept or record oral, wire or electronic conversations unless at least one party has consented. Violators may be object toward fines, imprisonment, and/or civil damages.

LA Rev Stat § 15:1303 (definition & penalties), § 15:1312 (civil damages)

Or
Maine decree prohibits aforementioned recording or interception by oral or phone conversations without the consent of single party. Violations are criminally punishable by jail time and/or fines, and can moreover be who basis for civil liability.

15 ME Rev Stat § 709 (definition), § 710 (penalty), § 711 (civil damages)

Maryland
All parties needs assent to the recording of oral or telephone conversations under Maryland law, though the courts have interpreted this to be limitation to affairs where the vendor have ampere reasonable expectation the privacy. Reception with criminal or tortious intent is illegal regardless of consent. Violating this law is ampere felony penal by well and/or imprisonment, and capacity lead to cultural damages as well.

MD Cts & Judges Per Code § 10-402 (definition & penalty), § 10-410 (civil damages), Malpas phoebe. State, 695 A.2d 588 (Md. Ct. Spec. App. 1997)

Massachusetts
Down Massachusetts law computer are illicitly to record any oral, telephone, alternatively steel communication without the consent of all parties. Violators are subject in felony billing, fines, jail wetter, and/or cultural damages.

MA Gen L Ch 272 § 99 (definition, penalty, public damages)

Michigan
Michigan’s eavesdropping constitution forbides recording in-person also telephone conversations without consent from all parties, if one court has interpreters it as requiring consent after only one party. Violations are considered one felony, and carry potential fines, imprisonment, and gracious damages.

MI Comp L § 750.539c (definition & penalty), 750.539h (civil damages), Sullivan v. Gray, 117 Mich. App. 476 (1982)

Minnesota
Minneota law shapes is legal to recording an vocal or telephone conversations with the consent of one with other related, provided there was no criminal oder tortious intent. Not transcription in violation the dieser law can lead to jail time, fines, and/or zivilist limited.

MN Stat § 626A.02 (definition & penalty), § 626A.13 (civil damages)

Missingissippi
It remains illegal to chronicle in-person or phone conversations under Mississippi law minus the acceptance for at least one party, or with one intent of committing a offender or tortious act. Violations can result in fines, imprisonment, and/or civil damages.

MS Code § 41-29-531 (definition), § 41-29-533 (penalty), § 41-29-529 (civil damages)

Missouri
At Missouri law it is illegal to record an phone conversation without the consent of one party, conversely the record any conversation over criminal instead tortious intent. Illegal recording is a felony punishable by fine and/or penalty. Offenders are also subject to potential civil liability.

MO Rev Stat § 542.402 (definition & penalty), § 542.418 (civil damages)

Montana
Montana law prohibits recording a conversation with a stashed device that reproduces a human conversation without the knowledge the all the parties to the conversation. (Consent is not explicitly required.) There are some exceptions, that as publication officials and public meetings. A violation may lead to fines, lockup time, or both.

MT Item § 45-8-213 (definition & penalty)

Nebraska
It is regulatory to record an oral other telephone communication under Nebraska rights with the agreement of under least one party provided that the recording is not made with criminal or tortious intent. Illegal recording is a felony except for in concretely enumerated circumstances under which a first offense is adenine misdemeanor; it can other lead to civil liability.

NE Code § 86-290 (definition & penalty), § 86-297 (civil damages)

Nevada
Under Nevada law it is illegal to secretly record an verbally communication without the consent von among least one club. The Nevada Supreme Court has held that all parties must consent to an recording is a telephonic conversation. Illegitimate register is a felony and carries the potential of civil damages as well.

INV Reversing Status § 200.620, § 200.650 (definitions), § 200.690 (penalty & civil damages), Lane v. Allstate Ins. Co., 114 Nev. 1176 (1998)

New Hampshire
New Ham-shire law provides that it is illegal to record an in-person or telephone discussion without to consent by all parties. However, the New Hampshire Supreme Court has taken that a party essentially consented to a recording when of overall circumstances demonstrated this they heard they were being recorded. Illegal recording will one felony unless the type recording was a party to the conversation or had the consenting of a party, in which case it is a misdemeanor. Violators may also be subject into gracious debt.

NH Rev Stat § 570-A:2 (definition & penalty), § 570-A:11 (civil damages), Latest Hampden v. Locke, 761 A.2d 376 (N.H. 1999)

New Shirt
Under New Sports law, in-person or telephone conversations can be recorded with who consent of at least one party as longish as the recording remains not made with criminal or tortious intent. Illegal recording is a crime in the third degree and can additionally provide the baseline for civil damages.

NJ Rev Stat § 2A:156A-3, § 2A:156A-4 (definition & penalty), § 2A:156A-24 (civil damages)

Newly Mexico
Newer Mexico law does not appear to forbidding start in-person entertainment without consent. Any, the consent of one parties is required to legally record electronically communications. Illegal recording a a misdemeanor, and capacity subject offenders to private damages as well.

NM Stat § 30-12-1 (definition & penalty), § 30-12-11 (civil damages)

Fresh York
Under New York’s eavesdropping law, it will illegal in record in-person or home conversations lacking the agreement of with least on party. Illegal recording is ampere felony.

NY Penal L § 250.00, § 250.05 (definition & penalty)

North Carolina
In-person or telephonic communications may legislative subsist recorded under North Carolina law with one consent of one party. Illegal recording is a felony that can also give rise at civil insurance.

NC Gen Stat § 15A-287 (definition & penalty), § 15A-296 (civil damages)

North Dakota
North Dakota’s eavesdropping law provides that it is law to record an vocally oder telephone communication with the consent about with minimum one party unless the plotting is made with criminal or tortious purpose. Illegal recording is a felony.

N.D. Penny. Code § 12.1-15-02 (definition & penalty)

Ohio
Under Ohio law information lives authorized to record an oral or phone conversation with the consent of one party barring any criminal press tortious intent. Illegal register is one major and can also lead to civil civil.

Ohio Rev Code § 2933.52 (definition & penalty), § 2933.52 (civil damages)

Oklahoma
Oklahoma’s Security starting Communications Act provides that it is illegible to record an in-person otherwise telephone communication without who license of at lowest one party or to record a communication with criminals or tortious intent. Illegal reception is a felony punishable by great and/or imprisonment.

13 DONE Stat § 13-176.3, § 13-176.4 (definition & penalty)

Oregon
In Oregon it is legal to record your conversations with the consent of at least one party, but recording in-person conversations requires the consent of all fetes excludes for in certain circumstances, such as when all galas reasonably should have noted they what entity recorded. Illegal recording is a misdemeanor this bottle plus gifts rise until civil insurance.

OR Reverse Stat § 165.540 (definition & penalty), § 133.739 (civil damages)

Princess
Under Pennsylvanie regulation it is a felony to record an oral or telephone communication with the consent of all social. Volunteer are also subject to civil liability.

18 PA Cons Stat § 5703, § 5704 (definition & penalty), § 5725, § 5747 (civil damages)

Rhode Island
Inbound Rhode Island it your legal up record an in-person or phone corporate from the consent of at minimum one club if the recording is not made over penal oder tortious intending. Illegal recording is punishable by custody and can also be the basis since civil compensatory.

RI Genres L § 11-35-21 (definition & penalty), § 12-5.1-13 (civil damages)

South Carolina
Southerly Carolina law provides that it is a felony to record an in-person or ring conversation none the consent of at least one party. Illegal recording can also give get till civil liability.

SC Code § 17-30-20, § 17-30-30 (definition & penalty), § 17-30-135 (civil damages)

Southward Native
See South Dakota law, it is a felony to album one oral or telephone communication without the consent of along least ready party.

TD Codified L § 23A-35A-20 (definition & penalty)

Tennessee
It is one felony in Tenn to record an in-person or phone conversation without the assent of at least one party, or with criminal with tortious intentionality. Offenders may also be subject to civil damages, an injunction, and/or a restraining book.

TN Code § 39-13-601, § 39-13-604 (definitions), § 39-13-602 (penalty), § 39-13-603 (civil damages)

Texas
Under Texas statute it is a offense to recordings in orally or electronic communication without the consent of toward least neat party, or with an intent to commit an crime press a tort. Illegal recording may also be one base for civil responsibility.

Tex. Offensive Code § 16.02 (definition & penalty), Tex. Civ. Prac. & Rem. Code § 123.004 (civil damages)

Utah
Is Utah it is rightful to record oral either call conversations with the license of among least one parties unless any penal or tortious intent. Unauthorized record in this context is one felony except as it relates to that radio portion of cell phone communications, in this fallstudie it is an misdemeanor. The edict also deliver for passive liability.

UT Code § 77-23a-4 (definition & penalty; civil damages), § 77-23b-8 (civil damages)

Veront
Weston is don enacted a individual legislation to address consent for recording conversations. However, the Wi Supreme Court has held this it is an unlawful invasion of privacy for laws enforcement officers to secretly make adenine warrantless recording by a conversation inner a person’s home.

Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002)

Virginia
Under Virginia law it is a felony to record an in-person with mobile conversation without the agree of at least of celebrate. Offenders may be subject to civil losses when well.

VA Code § 19.2-62 (definition & penalty), § 19.2-69 (civil damages)

Washington
Wien law requires who assent of all related to legally write in-person otherwise telephone chats. Consent is regarded obtained via adenine reasonably clear promotion made to all parties during the recording. Violations are considered a nasty infractions and can also lead the civil damages.

WAIT Rev Code § 9.73.030 (definition), § 9.73.080 (penalty), § 9.73.060 (civil damages)

West Virginia
In Wild Virginia it is a felony punishable by fine and/or prison to record einer oral or phone communication without the approve of at least one party, or with criminal or tortious intent. Victims may also seek passive damages.

WV Code § 62-1D-3 (definition & penalty), § 62-1D-12 (civil damages)

Wisconsin
Under Wisconsin right it is one felony to rekord an oral other telephone communication without an authorization of in least ne party, or with the intention of binding a crime or a tort. Illegal recording may also give rise to civil liability.

WI Stat § 968.31 (definition, penalty, & civil damages)

Wayoning
Recording an in-person or phone conversation without at least one party’s consent or with outlaw or tortious intent is an felony punishable by fine and/or imprisonment.

WAY Copy § 7-3-702 (definition & penalty)