Two-Party Consent States (2026 Guide): All-Party Recording Laws

Last Updated: January 2026 | Verified against current state statutes

Quick Answer: What Are the Two-Party Consent States?

Technology has made it easier than ever to record someone, but although it may be simple…it’s not always legal. In the United States, 11 states have some form of all-party consent laws, while 3 additional states have mixed rules depending on the type of communication.

Key Point	Answer
Number of all-party consent states	11 (plus 3 with mixed rules)
What does two-party consent mean?	All participants must consent to recording
Can I record if I’m a participant?	Not without everyone’s consent
Are there exceptions?	Yes – public places, no expectation of privacy
What about phone calls?	All-party consent applies in these states

Skip to a table of All Party Consent States.

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What Is a Two-Party Consent State? (All-Party Consent)

In two-party (or all-party) consent states, it is required by state law that all parties who partake in a conversation must have given consent for that conversation to be recorded when there is an expectation of privacy. This law covers private as well as public places; if there is an expectation of privacy, consent must be given.

Generally, a video may be recorded in public places with the caveats that your video does not capture the audio or subject of the conversation, and the people are speaking in a public place. Check your state’s individual recording laws for more information.

Note- If someone is on your property recording without your permission, it is usually most efficient to charge them with trespassing instead of debating the legality of recording.

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List of Two-Party Consent States (All-Party Consent)

RecordingLaw.com prefers to err on the side of caution with some of the states marked with a * as they have special provisions that could be interpreted differently depending on each case.

Pure All-Party Consent States

• California Audio and Video Recording Laws
• Delaware Recording Laws
• Florida Recording Laws
• Maryland Recording Laws
• Massachusetts Recording Laws
• New Hampshire Recording Laws
• Pennsylvania Recording Laws
• Washington Recording Laws

States with Modified All-Party Consent

• Illinois Recording Laws – All-party consent with public place exception (2014)
• Montana Recording Laws – Notice required, not hidden recording

Mixed Rule States (*Special Provisions)

• *Connecticut Recording Laws – One-party for in-person, two-party for phone
• *Michigan Recording Laws – Effectively one-party per court ruling
• *Nevada Recording Laws – One-party for oral, all-party for wire/electronic
• *Oregon Recording Laws – Notice for in-person, one-party for electronic (2025 ruling)

Make sure to read the state rules. For a short summary, view the chart below; to read more in-depth analysis, click through to the specific page.

Our recommended Digital Voice Recorder.

Click to read more about one party consent states.

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Gaining Consent for Recorded Conversations

If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:

• Getting verbal or written consent prior to the recording being made.
• A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
• An audible beep tone being repeated at steady intervals during the duration of the conversation.

Important: In all-party consent states, using a beep tone alone may not be sufficient. Best practice is to get explicit verbal consent from all parties.

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Two-Party Consent States Table

State	Simple Terms	Law
California	All-party consent. It is a criminal offense to record communications without the consent of everyone taking part. Exception: conversations in public places, government proceedings, or where one could be easily overheard. California also has unique laws for the entertainment industry and paparazzi.	Cal. Penal Code § 632, Cal. Civil Code § 1708.8, Cal. Veh. Code § 40008, Kearney v Salomon Smith Barney Inc.
*Connecticut	Mixed rules. Connecticut can be considered as both a one-party state and two-party state. This is because there are different laws for in-person conversations (one-party) and telephone conversations (all-party).	Conn. Gen. Stat. § 53a-187(a)(2), § 52-570d(a), C.G.S.A. § 52-570d
Delaware	All-party consent. It is a criminal offense to record communications without the consent of all parties. Delaware also prohibits trespassing on private property to eavesdrop or carry out any other form of surveillance.	Del. Code Ann. tit. 11, § 1335(a)(4), § 1335(a)(1), US v Vespe
Florida	All-party consent. It is a criminal offense to record communications, whether wire, oral or electronic, without the consent of everyone taking part in the communication. Florida takes this very seriously with third-degree felony penalties.	Fla. Stat. § 934.03(2)(d)
Illinois	All-party consent with exceptions. It is a criminal offense to record without consent. However, since a December 2014 amendment, recording is allowed in areas where there is no reasonable expectation of privacy. Recording police in public is protected.	720 Ill. Compiled Stat. 5/14-2(a)(1), 5/14-3(g)
Maryland	All-party consent. Maryland’s Wiretapping and Electronic Surveillance Act stipulates that it is a criminal offense to tape-record a conversation without the consent of all involved parties.	Md. Code Ann., Cts. & Jud. Proc. § 10-402
Massachusetts	All-party consent. Massachusetts has one of the strictest recording laws in the country. It is a criminal offense to record and/or disseminate communications without the consent of all contributing parties.	Mass. Ann. Laws ch. 272, § 99(B), § 99(C)

All Party Consent States Table (Continued)

State	Simple Terms	Law
*Michigan	Effectively one-party consent. On the surface Michigan appears to be an all-party consent state, but Michigan courts have ruled that the definition of “eavesdrop” inherently refers only to overhearing or recording private conversations by a third party (snooping). If you are a participant, you can record. Sullivan v. Gray (1982).	Mich. Comp. Laws § 750.539c, Sullivan v. Gray, 117 Mich. App. 476 (1982)
Montana	Notice required (not hidden). In Montana, it is generally a criminal offense to use a hidden device to record oral or electronic communications without the consent of all parties. However, recordings can be made without consent as long as not done covertly. All parties must be notified that the conversation is being recorded.	Mont. Code Ann. § 45-8-213
*Nevada	Mixed rules. One-party consent for oral (in-person) conversations. All-party consent required for wire communications (telephone calls, cell phones, VOIP, Zoom). “Wired communication” refers to transmission of data, so even wireless devices like cell phones are considered wired communication.	Nev. Rev. Stat. §§ 200.620, 200.650, Lane v. Allstate
New Hampshire	All-party consent. It is a criminal offense to record communications without the consent of everyone taking part. However, the offense is considered a misdemeanor instead of a felony if the perpetrator contributed to the communication or received prior consent of one party.	N.H. Rev. Stat. Ann. § 570-A:2
*Oregon (Updated Jan 2025)	Mixed rules. On January 7, 2025, the Ninth Circuit upheld Oregon’s law en banc. In-person oral conversations: notice required to all parties before recording. Telephone/electronic communications: one-party consent — you can record phone calls you participate in.	Or. Rev. Stat. Ann. §§ 165.535, 165.540, 9th Cir. en banc (Jan 2025)
Pennsylvania	All-party consent. It is a criminal offense to record communications without the consent of everyone taking part in the conversation. Pennsylvania treats this as a felony with serious penalties.	18 Pa. Cons. Stat. Ann. § 5704
Washington	All-party consent. It is a criminal offense to record communications, whether wire, oral or electronic, without the consent of everyone taking part in the conversation.	Wash. Rev. Code Ann. § 9.73.030

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Penalties for Violating All-Party Consent Laws

Penalties for illegal recording in all-party consent states are often more severe than in one-party consent states:

State	Criminal Penalty	Civil Liability
California	Up to 1 year jail and/or $2,500 fine (first offense); felony for repeat offenses	$5,000 or 3x damages per violation
Florida	Third-degree felony – up to 5 years prison	Actual damages plus attorney fees
Illinois	Class 4 felony – 1-3 years prison	Civil damages available
Maryland	Felony – up to 5 years prison and/or $10,000 fine	Actual damages plus punitive damages
Massachusetts	Up to 5 years prison and/or $10,000 fine	Actual damages plus attorney fees
Pennsylvania	Third-degree felony – up to 7 years prison	Civil damages plus punitive damages
Washington	Gross misdemeanor – up to 1 year jail and/or $5,000 fine	$100/day of violation or actual damages

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Exceptions to All-Party Consent Requirements

1. No Expectation of Privacy

All-party consent laws only apply where there is a “reasonable expectation of privacy.” Recording is generally allowed in:

• Public streets and parks
• Public meetings and government proceedings
• Places where conversations could easily be overheard

2. Law Enforcement

Police and law enforcement can record with a warrant or under exigent circumstances. Some states also allow civilian recording of police performing public duties.

3. Business Notification

Many businesses record calls after providing notice (“This call may be recorded for quality assurance”). If you continue the call after the notification, you’ve effectively consented.

4. Criminal Activity

Some states allow recording without consent to gather evidence of criminal activity, such as extortion, bribery, or threats.

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Tips for Recording in Two-Party Consent States

How to Get Consent Properly

1. Ask clearly: “Do you mind if I record this conversation?”
2. Wait for explicit agreement: A “yes” or “I consent”
3. Record the consent: Start recording and have them confirm again on tape
4. Document in writing: For important conversations, get written consent

Best Practices

• Announce the recording at the start of every call: “I’m recording this call for my records. Is that okay with you?”
• Stop recording if anyone objects
• Check multiple state laws for interstate calls — follow the stricter state’s rules
• Don’t assume that being a participant gives you rights in all-party consent states

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Frequently Asked Questions

Can I record a conversation if I’m just listening but not speaking?

No. If you’re not an active participant in the conversation, you cannot record it in any state. That would be considered illegal eavesdropping or wiretapping everywhere.

What if someone consents but then changes their mind?

You must stop recording immediately when consent is withdrawn. Any recording made before the withdrawal is generally still valid.

Do text messages require consent to save or screenshot?

Recording laws primarily apply to oral and telephone communications. Text messages are generally not covered, though other privacy laws may apply.

Can I record my own lawyer without their consent?

In all-party consent states, no. Your lawyer has the same privacy rights as anyone else. Additionally, recording your attorney without consent could affect attorney-client privilege.

What about recording in a car?

A car is typically considered a private space where occupants have a reasonable expectation of privacy. In all-party consent states, you’d need consent from everyone in the vehicle.

If a business says “calls may be recorded,” can I record them too?

Generally yes. When a business provides notice that calls are recorded, they’ve waived any expectation of privacy for that call, allowing both parties to record.

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Interstate Calls: Which State’s Law Applies?

When recording calls between different states, the safest approach is to follow the stricter state’s law:

Your State	Other Party’s State	Which Law Applies?
California (all-party)	Texas (one-party)	Follow California’s all-party rule
Florida (all-party)	New York (one-party)	Follow Florida’s all-party rule
Pennsylvania (all-party)	Maryland (all-party)	All-party consent required

Key case: In Kearney v. Salomon Smith Barney, California courts held that California’s all-party consent law applied to calls made from California to other states.

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Related Resources

If you’re interested in privacy, check out our blog post on using VPNs, one of the best ways to protect your privacy online.

• One-Party Consent States (Complete List)
• United States Recording Laws (Overview)
• Can I Sue Someone for Recording Me?
• Is It Illegal to Video Record Someone?

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Sources and Legal References

Source	Description
18 U.S.C. § 2511	Federal wiretapping statute
Reporters Committee for Freedom of the Press	State-by-state recording guide
Digital Media Law Project	Recording laws reference
Individual state statutes	Cited in table above

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Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex and may change. Consult with a qualified attorney for advice on your specific situation.

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