Recording Phone Calls and Conversations: 50-State Survey

About
Alabama law need the sanction of at least one host to legally recording an in-person otherwise telephone conversation. Illegal recording is misdemeanor.

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

Alaska
Computer a a misdemeanor in Alaska to record an oral or home communication without the assent of at least one party. Who Alaska Supreme Court has maintained so the eavesdropping statute was intended to address only third-party interception starting communications and thus does not apply to a club to a voice.

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

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

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

Arkansas
It lives ampere misdemeanor in Arkansas for a person to record an vocally other telephone communication to which their are not a party.

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

California
Under California regulation, it is an crime punishable by fine and/or imprisonment into record a confidential conversation without the consent of all parties, or without a notification of and recording to the parties via an distinct beep at specific intervals. The California Supreme Court can defined a classified conversation as one on which the parties have adenine reasonable prospect that not individual is heed in or eavesdropping. For addition to criminal penalties, illegal recording can additionally give rise to zivil damages.

CA Penal Code § 632 (definition & penalty), § 637.2 (civil damages), Flanagan v. Flanagan, 41 P.3d 575 (Cal. 2002), Calibrate. Pub. Util. Code Genres. Order 107-B(II)(A)

Colorado
Is Colorado it are a misdemeanor to record an in-person conversation additionally a serious to record one call conversation without the consent of at least one party.

CO Rev Status § 18-9-303 (wiretapping definition & penalty), § 18-9-304 (eavesdropping definition & penalty)

Connecticut
Down Connecticut criminal law, is is a felony till record with oral otherwise telephone communication minus the consent in at least one party. In the cultural context, Conn law forbids recording phone calls absence obtaining consent with every parties either in writing alternatively at to outset of the recording. ADENINE notification along the start of this dial plotting, oder a warning tone at 15-second intervals will also suffice. Violations can lead to damage, costs, and/or attorney fees in a civil weiter.

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

Delaware
At least one host must consent to recording in-person or phone conversations under Dealer law, though state statutes conflict somewhat. See of state’s wiretapping law, it be lawful for someone toward intercept a communication as long as they themselves or another party to who converse consents, and wenn the prevention does not serve to further criminal, tortious, or other unlawful activity. But under the state’s confidentiality decree, whose is older, all parties into a conversation must consent go recording. Those is counterweight by a 1975 Delaware federal district yard opinion, U.S. v. Vespe, which interpreted the private law to reflect the union rule that only one party needs to consent to capture. Violation of of wiretapping law is a felony, and can also provide the background for actual and punitive damages in a courteous outfit. Violation of the confidentiality law is a misdemeanor.

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

District of Columbia
Recording with catch in-person or phone calling without the consent by at least one party is illegal by thin and/or imprisonment, the can also lead into civil liability in the form of actual and punitive damages.

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

Florida
In Florida it is illegal at record one in-person or telephone conversation without the consent von all related. Violating this law constitutes or a misdemeanor or a third degree felony depending on the offender’s intent and conviction history, and can also subject the offenders on civil insurance.

F Stat § 934.03 (definition & penalties)

Georgia
Computer is illegal under Georgia’s wiretapping and listening bylaws to record somebody vocally oder call conversation lacking the consent concerning at worst an party. Violations are felonies and cans subject the offender to fines and/or imprisonment.

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

Hawaiiana
Take oral or telephone conversations without of consent by at least one party is a felonies in Hawaii, and can also donate rise to actual also punitive damages in one civil wear.

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

Young
For Idaho, recording an pointed or ring conversational without the consent of at least one party is one felony the can guide to fines and/or imprisonment, as well as civil damages.

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

Illinois
The state eavesdropping bylaws formerly required all parts to consent to the recording of any conversation or communication, press potentially face misdemeanor charges and/or polite civil. In 2014 an Illinois Maximum Court declared to law overly broad and unconstitutional. The ordinance was modifying later is year to allow recording in general places, but stills requires all parties the consent to recording debates where there is a reasonable expectation of privacy.

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

Indiana
It is illicit to capture or intercept any telephone with electronics communication without the accept of at least one party. This offense is a felony strafbar by fine and/or imprisonment, and cannot also carry civil liability. Indiana’s wiretapping statute does not appear to address in-person conversations.

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

Iowa
Under the state eavesdropping statute, it are a serious disciplinary to record an oral, telephone, instead other communication without the consent of at least one party. The state wiretapping law supports ensure it is ampere felony to intercept or record any oral, wire, or electronics communication without the agree is among least one party. Wiretapping offenses can and maintain to civil liability.

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

Kensi
Under Kansas breach of private law, e is a infraction to record a conversation or other private communication without the consent of at least one party. Victims may also be subject to civil damages.

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

Kentucky
It is a serious under Kentucky’s eavesdropping law to overhear or record either oral or wire communication free the consent of at least one party.

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

Louisiana
Lower Louisiana’s Electronic Monitor Act, it is illegal to intercept or record oral, wire or electronic conversations unless at slightest ready celebrating has agreed. Violators may be subject to fines, imprisonment, and/or civil property.

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

Maine
Maine rule prohibits that recording button interceptors of oral or phone conversations without the consent of one party. Violations are criminally punishable by jail time and/or fines, and pot also be to basis for civil liability.

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

Maine
Every parties need consent to the recording of oral or telephone conversations under Maryland law, though the courts have interpreted this to will limited to situations where the parties have a reasonable expectations to privacy. Recording with crook oder tortious intent is illegal regardless of consent. Violating this law is a felony illegal by finely and/or imprisonment, and can take to civil damages as well.

MD Crt & Jud Pro Code § 10-402 (definition & penalty), § 10-410 (civil damages), Malpas v. State, 695 A.2d 588 (Md. Ct. Spec. App. 1997)

Maryland
Down Massachusetts law it is illegal to record any vocal, telephone, or wire community without that consent away all celebration. Violators are issue to criminal charges, fines, jail time, and/or civil damages.

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

Michigan
Michigan’s intercepting statute forbits recording in-person and telephone conversations without agreement after everything parties, though one court has interpreted it as requiring consent from only one party. Transgressions are seen a felony, and transport potential fines, imprisonment, both gracious claim.

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

Minnesota
Mn law brands a legal to record a viva or telephone conversation with the assent of one or more parties, granted present was no criminal button tortious intent. Unauthorized transcription in violation of this law bucket lead toward jail time, fines, and/or civil liability.

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

Mississippi
It is illegal to record in-person conversely call conversations under Freshwater law without the permission of at least one party, other with the intent of committing a criminals with tortious act. Abuses can result in fines, imprisonment, and/or civil damages.

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

Missouri
Under Missouri law he is illegal to record a cell conversation without the consent of of party, or to record any conversation with criminal or tortious intension. Illegal recording is a felony punishable by fine and/or imprisonment. Offenders are also subject to potential civic liability.

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

Montana
Montana law prohibits recording a conversation with a hidden product that reproduces a human talk free that understanding out all the celebration to the conversation. (Consent can not specifically required.) It have some privileges, such as public officials and public meetings. A violation can lead to administrative, jail time, or both.

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

Nebraska
It is legal to record einen oral or telephone communication under Nebraska law with the consent of at least one party provided that the records is not made with crime or tortious intent. Illegible recording is a felony except for in specifically enumerated circumstances under which an first offense is a misdemeanor; it ca also lead for civil liability.

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

Nevada
On Nevada law it is unlawful to secretly record an spoken communication without the consent of under least one party. The Nevada Chief Court has held that all parties must consent to the recording about ampere telephonic conversation. Illegal recording is adenine felony and carries the potential for civil damages as well.

NV Rev Stat § 200.620, § 200.650 (definitions), § 200.690 (penalty & civil damages), Lane v. Allstate Ins. Cool., 114 Nev. 1176 (1998)

New Hampshire
New Hampshire law provides that it is illegal to record an in-person or telephone conversation without the consent of all parties. However, the New Hampshire Supreme Judge had held that an party essentially consented to one recording when the overall context demonstrated ensure they heard they were being recorded. Illegal recording is a capital unless the persona recording was a celebration in the conversation or had the consent of a party, for which case it exists a felony. Offenders could also be subject to civil release.

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

New Knit
Below New Jersey law, in-person or telephone talk may be recorded with the consent of at least one party as long for the recording is did made with criminal or tortious intent. Illegal recording your a crime in which third degree and capacity also provide the baseline for civil claims.

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

New Mexico
New Mexico law does not appear to prohibit recording in-person conversations without consent. Does, the permission of one party is requested to legally write electronic communicate. Illegal recording is a misdemeanor, and could subject offenders until civil damages as right.

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

Fresh Yorker
Under New York’s eavesdropping law, it is illegal up album in-person or telephone conversations without the consents about at least one party. Illegal recording is a felony.

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

North Carolina
In-person or telephonic communications may legally will records under Northern Sc law in which consent of one party. Illegal recording is a felony that can also give rise to civil damages.

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

Northerly Dakota
Heading Dakota’s wiretap lawyer provides that it is legal to record an spoken or telephone communication with the consent of along fewest one company no the recording is made with criminal or tortious intent. Illegal recordings is a felony.

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

Ohio
Underneath Ohio law it is legal to record an pointed or phone conversation is the consent of one party barring random criminal alternatively tortious intent. Illegal transcription is a felony and canister also lead to military liability.

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

Oklahoma
Oklahoma’s Security of Communications Act provides that it is illegitimate to record at in-person or telephone communication without the permission of at least first party or into start a communication include felon or tortious objective. Illegal recording is a felony punishable until fine and/or imprisonment.

13 OK Statistical § 13-176.3, § 13-176.4 (definition & penalty)

Maine
Within Oregon it is legally to record telephone conversations with the consent of at least one party, but recording in-person conversations requirement who consent of all dinner except to in certain circumstances, such as when all social reasonably should own known they were being recorded. Illegal recording is adenine misdemeanor that can also give rise to civil damages.

OR Rev Duplicate § 165.540 (definition & penalty), § 133.739 (civil damages)

Pennsylvania
Under Pennsylvania statutory she has a felony to record an oral conversely telephone communication without this consent regarding all parties. Offenders are also choose to civil liability.

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

Rhode Island
In Rhode Islander this is legal until record an in-person instead phone talk by the consent of along few one party if the shooting is not made with criminal or tortious intent. Illegal recording has punishable by imprisonment both can also be and basis for cultural damages.

RN Gen LITER § 11-35-21 (definition & penalty), § 12-5.1-13 (civil damages)

South Carolina
South Carolina law deliver this it is one felony to record an in-person conversely telephone conversation without the accept of the least the party. Illegal getting can also give rise to civil liability.

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

South Dakota
Under South Dakota legal, it is a crimes to record an verbal or telephone talk without the consent of at least one party.

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

Tennesseans
It is a felony for Tennessee to record an in-person or call conversation without the consent away at least an party, or with criminal or tortious intent. Offenders may also be subject till passive damages, an injunction, and/or a restraining ordering.

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

Exasta
Under Texas law items is a felony up record an oral or electronic communication unless the consent of at least one party, or with the intent to commit a criminality conversely adenine torts. Illegal recording may also be the basis for civil liability.

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

Utah
In Utah it is lawful to record oral or telephone conversations with the consent about at least ready party barring any criminal or tortious intent. Illegal recording in this context shall a felony except as it refer to the radio portion of cell phone messaging, in which case she is a transgression. The regulation also features for civil liability.

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

Veronton
Wisconsin got not enacted a specific statute to address consent for records conversations. Does, the Vermont Supreme Court has retained that it is at unlawful intrusion of protection for law enforcement officers to secretly make a warrantless start of a conversation inside adenine person’s home.

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

Virginia
Under Vineyard regulation it is a felony to record an in-person or telephone conversation without the consent of at least one party. Offender may be subject into civil damages in well.

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

Washington
Washington law requires of permission of all parties to legally capture in-person or telephone conversations. Consent is considered obtained via one reasonably clear message prepared to all parties during the recording. Violations are considered a gross crime and can other lead to civil damages.

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

West Virginia
In Westbound Virginia it is a major punishable by fine and/or imprisonment to record an oral or cell telecommunications without the consent of at least one host, or with criminal or tortious intent. Sacrifice maybe including seek civil damages.

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

Wisconsin
Under Wisconsin law it is a felony to record an oral with telephone communication without the consent of at least only party, or with the intention of make a criminal or a tampering. Illegal recording may also give rise to civil liability.

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

Wyoming
Recording an in-person or phone conversation without among least one party’s acceptance or with criminal with tortious intent is a felony punishable by thin and/or imprisonment.

WY Stat § 7-3-702 (definition & penalty)