Delaware Recording Laws (2026 Guide)

Last Updated: January 2026 | Verified against current Delaware Code

Quick Answer

Delaware has conflicting recording laws that create legal ambiguity. The state’s wiretapping law (11 Del. C. § 2402) allows recording with one-party consent, but the privacy law (11 Del. C. § 1335) requires all-party consent. Because of this conflict, Delaware is generally treated as an all-party consent state, and it’s strongly recommended to get consent from everyone before recording any private conversation.

Delaware Recording Law Summary

Key Point	Answer
Consent Type	Conflicting – Treat as All-Party
Can you record your own calls?	Safest: Only with all parties’ consent
Must you inform others?	Yes – recommended due to legal conflict
Wiretapping Statute	11 Del. C. § 2402
Privacy Statute	11 Del. C. § 1335
Maximum Fine	$10,000
Criminal Classification	Class E Felony (wiretapping) / Misdemeanor (privacy)

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Understanding Delaware’s Conflicting Laws

The Legal Conflict

Delaware is unusual in having two different statutes that appear to conflict on the consent requirement:

Statute	Consent Required	Penalty
Wiretapping Law (§ 2402)	One-party consent	Class E Felony, up to $10,000
Privacy Law (§ 1335)	All-party consent	Misdemeanor

Why All-Party Consent Is Recommended

Because of this legal uncertainty, courts and legal experts generally advise following the stricter standard. Recording without all-party consent could expose you to liability under the privacy statute even if you technically comply with the wiretapping statute. When in doubt, get everyone’s consent.

The Legal Foundation

Delaware’s recording laws are found in:

• 11 Del. C. § 2402 – Interception of communications (wiretapping)
• 11 Del. C. § 1335 – Privacy violations (all-party consent)
• 11 Del. C. § 1335(a)(4) – Specifically prohibits recording without consent of all parties
• 11 Del. C. § 1335(a)(1) – Prohibits trespassing to eavesdrop

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Recording Phone Calls in Delaware

Can You Record Phone Calls in Delaware?

Due to the legal conflict, the safest approach is to obtain consent from all parties before recording any telephone conversation. While § 2402 might technically permit one-party consent for recording, § 1335 appears to require all-party consent.

To legally record a phone call in Delaware:

• Get verbal or written consent from all parties
• Announce at the beginning that the call is being recorded
• Do not record for criminal or tortious purposes (even with consent)

Recording Calls Across State Lines

When calling between Delaware and other states:

• If calling a strict two-party consent state (California, Florida, etc.), their rules apply
• If calling from a one-party state to Delaware, treat it as all-party consent
• The safest approach is always to get consent from everyone on the call

Business Call Recording

Businesses in Delaware should use explicit notification before recording customer calls. A clear statement like “This call may be recorded” at the beginning of the call, combined with the caller’s continued participation, generally establishes implied consent.

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Recording In-Person Conversations

When Is Recording Legal?

• When all parties consent to the recording
• In public places where there is no reasonable expectation of privacy
• At public government meetings and proceedings
• When not done for criminal or tortious purposes

When Is Recording Illegal?

• Recording private conversations without consent of all parties
• Trespassing on private property to eavesdrop or conduct surveillance
• Using recording devices to capture conversations you’re not part of
• Recording for the purpose of committing a crime or tort

Trespass to Eavesdrop

Delaware specifically prohibits trespassing on private property for the purpose of eavesdropping or conducting surveillance. This includes physically entering someone’s property or using electronic means to capture private communications from their property.

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Delaware Video Recording Laws

Video Surveillance

Delaware’s laws primarily focus on audio recording. Video recording without audio is generally permitted in public areas where there is no expectation of privacy. However, video recording in private areas without consent raises significant legal concerns.

Hidden Cameras

Delaware law prohibits:

• Recording in areas where people have a reasonable expectation of privacy
• Capturing intimate images without consent
• Video voyeurism in private spaces (bathrooms, bedrooms, changing areas)

Public Spaces

Recording in public spaces where there is no expectation of privacy is generally permitted, including streets, parks, and public buildings.

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Recording in the Workplace

Can You Record at Work?

Given Delaware’s conflicting laws, the safest approach in the workplace is to get consent from all parties before recording any conversation – whether in-person or by phone.

Even if one-party consent applied, company policies may prohibit recording in the workplace. Violating workplace policies can result in termination regardless of whether the recording was technically legal.

Employer Monitoring

Employers may monitor workplace communications in common areas, but should provide notice to employees about monitoring practices. Recording in private areas like restrooms or break rooms is prohibited.

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Recording Police and Government Officials

Can You Record Police Officers in Delaware?

Yes. The First Amendment protects your right to record police officers performing their public duties. This right applies when:

• Officers are performing public duties in public spaces
• You don’t interfere with their activities
• You maintain a safe distance
• You’re not trespassing

Recording Government Meetings

Delaware’s Freedom of Information Act (FOIA) guarantees public access to government meetings. Recording at open public meetings is permitted.

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Penalties for Illegal Recording in Delaware

Criminal Penalties

Violation	Classification	Penalty
Wiretapping (§ 2402)	Class E Felony	Up to $10,000 fine
Privacy violation (§ 1335)	Misdemeanor	Fines and potential jail time
Disclosure of intercepted communications	Class E Felony	Up to $10,000 fine
Trespass to eavesdrop	Misdemeanor	Varies

Civil Liability

In addition to criminal penalties, victims of illegal recording may bring civil lawsuits for:

• Invasion of privacy
• Actual damages suffered
• Punitive damages in egregious cases

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Using Recordings as Evidence in Delaware

Admissibility

Recordings made in violation of Delaware’s recording laws may be inadmissible as evidence in court. To ensure your recording can be used in legal proceedings:

• Obtain consent from all parties before recording
• Document when and how consent was given
• Preserve the original recording without editing

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Frequently Asked Questions

Is Delaware a one-party consent state?

Delaware has conflicting laws. The wiretapping statute (§ 2402) allows one-party consent, but the privacy statute (§ 1335) requires all-party consent. Due to this conflict, Delaware is generally treated as an all-party consent state.

Is Delaware a two-party consent state?

Effectively, yes. While there is legal ambiguity due to conflicting statutes, the safer approach is to treat Delaware as an all-party consent state and get everyone’s permission before recording.

Can I record a conversation without the other person knowing in Delaware?

Not recommended. Due to Delaware’s conflicting laws, you should get consent from all parties before recording any private conversation.

Can I record a phone call in Delaware?

Yes, but only with consent from all parties on the call. This is the safest approach given Delaware’s legal ambiguity.

What is the penalty for illegal recording in Delaware?

Wiretapping violations are Class E felonies with fines up to $10,000. Privacy violations are misdemeanors. Civil lawsuits may also be filed.

Can I record my employer in Delaware?

Due to the legal conflict, you should get consent from all parties before recording workplace conversations. Additionally, check company policies – violating them can result in termination.

Can I record police in Delaware?

Yes. The First Amendment protects your right to record police performing public duties, as long as you don’t interfere with their work.

Can recordings be used in court in Delaware?

Recordings made without proper consent may be inadmissible. To use a recording as evidence, ensure you had consent from all parties.

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Related Delaware Laws

• Delaware Whistleblower Laws
• Delaware Hit and Run Laws
• Delaware Sexting Laws
• Delaware Dog Bite Laws

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Sources and Legal References

Source	Link
11 Del. C. § 2402 (Wiretapping)	delcode.delaware.gov
Delaware Code Title 11, Chapter 24	delcode.delaware.gov
Reporters Committee – Delaware	rcfp.org

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Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Delaware’s recording laws contain significant ambiguity due to conflicting statutes. If you have questions about your specific situation, consult with a licensed Delaware attorney.

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Two-Party Consent States Reference

Delaware is listed among two-party consent states due to its privacy statute (§ 1335), though the wiretapping statute (§ 2402) technically allows one-party consent.

State	Key Statute
California	Cal. Penal Code § 632
Connecticut*	Conn. Gen. Stat. § 52-570d
Delaware*	11 Del. C. § 1335 / § 2402
Florida	Fla. Stat. § 934.03
Illinois	720 ILCS 5/14-2
Maryland	Md. Code, Cts. & Jud. Proc. § 10-402
Massachusetts	Mass. Gen. Laws ch. 272, § 99
Michigan*	Mich. Comp. Laws § 750.539c
Montana	Mont. Code Ann. § 45-8-213
New Hampshire	N.H. Rev. Stat. Ann. § 570-A:2
Oregon	Or. Rev. Stat. § 165.540
Pennsylvania	18 Pa. C.S. § 5703
Washington	Wash. Rev. Code § 9.73.030

*Delaware has conflicting statutes. Connecticut has different rules for phone vs. in-person. Michigan courts have interpreted the statute as one-party consent in some circumstances.

One-Party Consent States

Most other states follow one-party consent rules. See our One-Party Consent States Guide for details.