All Party (Two Party) Consent States – List and Details

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 there are 13 states that have some form of All Party Consent laws codified, however, 3 of these states also have some instances where one party consent is applicable.

Skip to a table of All Party Consent States.

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 that 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.

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. 

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

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.

Two Party Consent States Table

State	Simple Terms	Law
*Connecticut Recording Laws	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 and telephone conversations. Read on for more information.	Conn. Gen. Stat. § 53a-187(a)(2), Conn. Gen. Stat. § 52-570d(a) C.G.S.A. § 52-570d
California Recording Laws	It is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. This means that in California you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, one exception allows that if a conversation taking place in public, within government proceedings, or under conditions where one could be easily overheard is recorded, this cannot be punished under California’s eavesdropping statute. Cal. Penal Code § 632. California also has unique laws as it pertains to the entertainment industry and paparazzi.	Cal. Penal Code § 632, Cal. Civil Code § 1708.8, Cal. Veh. Code § 40008, Kearney v Salomon Smith Barney Inc,
Delaware Recording Laws	It is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of all parties taking part in the communication. This means that in Delaware you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Del. Code Ann. tit. 11, § 1335(a)(4). Also, Delaware has a law that prohibits anyone from trespassing on private property to eavesdrop or carry out any other form of surveillance. Del. Code Ann. tit. 11, § 1335(a)(1).	Del. Code Ann. tit. 11, § 1335(a)(4), Del. Code Ann. tit. 11, § 1335(a)(1), US v Vespe
Florida Recording Laws	It is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. Fla. Stat. § 934.03(2)(d). This means that in Florida you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement.	Fla. Stat. § 934.03(2)(d)
Illinois Recording Laws	In Illinois, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. 720 Ill. Compiled Stat. 5/14-2(a)(1). This means that in Illinois you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Although the all-party consent stipulation does not apply to police officers who are performing their official duties, there are strict penalties in place for anyone caught recording police activities in public. 720 Ill. Compiled Stat. 5/14-3(g). In December of 2014 the statute was amended to allow the recording of conversations in areas where there is no reasonable expectation of privacy.	720 Ill. Compiled Stat. 5/14-2(a)(1), 720 Ill. Compiled Stat. 5/14-3(g),
Maryland Sexting Laws	Maryland’s Wiretapping and Electronic Surveillance Act stipulates that it is a two-party consent state. In this state, 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.	Md. Code Ann., Cts. & Jud. Proc. § 10-402
Massachusetts Recording Laws	Massachusetts recording law stipulates that it is a two-party consent state. In Massachusetts, it is a criminal offense to use any device to record and/or disseminate communications, whether they’re wire, oral or electronic, without the consent of all contributing parties. Mass. Ann. Laws ch. 272, § 99(C).	Mass. Ann. Laws ch. 272, § 99(B), Mass. Ann. Laws ch. 272, § 99(C)

All Party Consent States Table (Continued)

State	Simple Terms	Law
Michigan Recording Laws*	On the surface it appears that Michigan is an all party consent state, but previously a Michigan court has ruled that the definition of the word 'eavesdrop' inherently refers only to overhearing or recording private conversations (snooping)	Mich. Comp. Laws § 750.539c, Sullivan v. Gray (1982)
Montana Recording Laws	Montana recording law stipulates that it is a two-party consent state, excluding some specific situations. In Montana, it is generally a criminal offense to use a hidden device to record oral or electronic communications without the consent of all contributing parties. Mont. Code Ann. § 45-8-213 (2011). This means that in Montana you are not legally allowed to secretly record a conversation unless all parties are in agreement, but in some situations recordings can be made without consent as long as this is not done covertly. This means that although consent is not required, all parties must be notified that the conversation is being recorded.	Mont. Code Ann. § 45-8-213 (2011)
New Hampshire Recording Laws	New Hampshire recording law stipulates that it is a two-party consent state. In New Hampshire, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the conversation. This means that in New Hampshire you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, the offense is considered a misdemeanor instead of a felony if the perpetrator contributed to the communication in question or received the prior consent of one party to the recording. N.H. Rev. Stat. Ann. § 570-A:2 (2012).	N.H. Rev. Stat. Ann. § 570-A:2 (2012).
Oregon Recording Laws*	Oregon Law is mixed. For in person oral recordings it is required to have consent from all parties, whereas for digital communications it is effectively a one party consent state where you are only required to have the consent of one party.	Rev. Stat. Ann. §§ 165.535, 165.540,
Pennsylvania Recording Laws	Pennsylvania recording law stipulates that it is a two-party consent state. In Pennsylvania, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the conversation. This means that in Pennsylvania you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. 18 Pa. Cons. Stat. Ann. § 5704 (West 2012).	18 Pa. Cons. Stat. Ann. § 5704
Washington Recording Laws	It is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of everyone taking part in the conversation.	Wash. Rev. Code Ann. § 9.73.030 (West 2012).

If you're interested in privacy, check out our blog post on using VPN's, one of the best ways to protect your privacy on-line.