Maryland Recording Laws (2026 Guide)

Last Updated: January 2026 | Verified against current Maryland Code

Quick Answer

Maryland is a strict two-party consent state. Under Maryland Courts and Judicial Proceedings Code § 10-402, it is illegal to intercept, record, or disclose any wire, oral, or electronic communication without the consent of all parties. Violations are felonies punishable by up to 5 years in prison and $10,000 in fines.

Maryland Recording Law Summary

Key Point	Answer
Consent Type	All-Party (Two-Party) Consent
Can you record your own calls?	Only with consent from all parties
Must you inform others?	Yes – explicit consent required
Key Statute	Md. Code, Cts. & Jud. Proc. § 10-402
Criminal Penalty	Felony
Maximum Prison	5 years
Maximum Fine	$10,000
Civil Damages	$100/day or $1,000 minimum + punitive + attorney fees

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Understanding Maryland’s All-Party Consent Law

What Makes Maryland Strict

Maryland has one of the stricter recording laws in the country. Key characteristics:

• Consent must be explicit and informed – not implied
• Silence or continuing a call does NOT constitute consent
• The law applies to ALL types of communications (in-person, phone, electronic)
• Even calling someone IN Maryland from a one-party state requires all-party consent

The Legal Foundation

Maryland’s recording laws are found in:

• Md. Code, Cts. & Jud. Proc. § 10-402 – Interception of communications generally
• § 10-401 – Definitions
• § 10-410 – Civil remedies

What’s Prohibited

Under § 10-402(a), it is unlawful to:

• Willfully intercept or attempt to intercept any wire, oral, or electronic communication
• Disclose the contents of intercepted communications knowing they were obtained illegally
• Use the contents of illegally intercepted communications
• Record with criminal or tortious intent (illegal even with consent)

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Recording Phone Calls in Maryland

Can You Record Phone Calls in Maryland?

Yes, but only with explicit consent from all parties on the call. Maryland law requires affirmative consent – simply continuing to talk after being informed of recording is NOT automatically considered consent.

To legally record a phone call in Maryland:

• Announce clearly that the call is being recorded
• Get verbal acknowledgment/agreement from all parties
• If anyone objects or does not consent, you must stop recording

Interstate Calls to Maryland

Important: If you call someone IN Maryland from a one-party consent state, Maryland’s stricter law applies. Maryland courts have held that their law protects Maryland residents even when the recording is made elsewhere.

Business Call Recording

Maryland businesses recording customer calls must:

• Provide clear advance notification
• Obtain affirmative consent (implied consent is risky)
• Offer callers the option to decline recording
• Train employees on proper consent procedures

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Recording In-Person Conversations

When Is Recording Legal?

• When all parties explicitly consent to the recording
• In truly public settings where there is NO reasonable expectation of privacy
• With proper law enforcement authorization

When Is Recording Illegal?

• Recording private conversations without all-party consent
• Recording with criminal or tortious intent (even with consent)
• Secret recording of any private communication
• Using devices to intercept communications you’re not part of

Reasonable Expectation of Privacy

Maryland law protects communications where parties have a reasonable expectation of privacy. This includes:

• Private conversations in homes or offices
• Quiet conversations in semi-private settings
• Phone calls (generally always considered private)

Public speeches or statements made loudly in public places may not be protected, but err on the side of caution.

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Maryland Video Recording Laws

Video Surveillance

Maryland’s wiretapping law focuses on audio recording. Video rules:

• Silent video in public is generally permitted
• Video with audio is subject to the all-party consent requirement
• Hidden cameras in private areas are prohibited

Video Voyeurism

Maryland Criminal Law § 3-902 prohibits:

• Recording in places where people expect privacy (bathrooms, changing rooms)
• Recording under or through clothing
• “Revenge porn” – distributing intimate images without consent

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Recording in the Workplace

Can You Record at Work in Maryland?

Maryland’s all-party consent law applies fully in workplace settings. You cannot secretly record:

• Conversations with coworkers or supervisors
• Meetings (even if you’re a participant)
• Phone calls with clients or customers

Even if you’re trying to document harassment or discrimination, secret recording violates Maryland law.

Employer Monitoring

Maryland employers may monitor workplace communications if:

• Employees are given clear advance notice of monitoring
• Consent is obtained (usually through employment agreements)
• Monitoring is limited to work-related communications

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Recording Police in Maryland

Can You Record Police Officers in Maryland?

Yes. The First Amendment protects your right to record police officers performing their duties in public. However, Maryland’s wiretapping law may still apply to audio recording in some circumstances.

Best practices:

• Record openly, not secretly
• Do not interfere with police activities
• Maintain a safe distance
• Be aware that audio recording in private settings requires consent

Recording Public Meetings

Maryland’s Open Meetings Act generally allows recording at public government meetings, including:

• City and county council meetings
• School board meetings
• Public hearings

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Penalties for Illegal Recording in Maryland

Criminal Penalties

Offense	Classification	Maximum Penalty
Illegal interception (§ 10-402)	Felony	5 years prison, $10,000 fine
Disclosure of intercepted communications	Felony	5 years prison, $10,000 fine
Use of illegally obtained communications	Felony	5 years prison, $10,000 fine

Civil Liability

Under § 10-410, victims of illegal recording may sue for:

• Actual damages with a minimum of $100 per day of violation OR $1,000 (whichever is higher)
• Punitive damages
• Reasonable attorney’s fees and litigation costs

Inadmissibility

Recordings made in violation of Maryland law are inadmissible in court. You cannot use an illegally obtained recording as evidence.

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Exceptions to Maryland Recording Laws

Lawful Exceptions

Maryland law provides exceptions for:

• Law enforcement with proper court orders or warrants
• Service providers in normal course of business operations
• Public communications where there’s no expectation of privacy
• Good faith reliance on court orders or legislative authorization (complete defense)

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Frequently Asked Questions

Is Maryland a two-party consent state?

Yes. Maryland requires explicit consent from all parties before recording any wire, oral, or electronic communication under § 10-402.

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

No. Secret recording of private conversations is a felony in Maryland, punishable by up to 5 years in prison and $10,000 in fines.

Can I record a phone call in Maryland?

Only with explicit consent from all parties on the call. Maryland requires affirmative consent, not implied consent.

What if I call Maryland from a one-party consent state?

Maryland’s law applies. If the person you’re calling is in Maryland, you need their consent to record, regardless of where you’re calling from.

Can I record my employer in Maryland?

No – not without consent from all parties. Even documenting harassment through secret recording is illegal in Maryland.

Can I record police in Maryland?

Yes – openly recording police performing public duties is protected by the First Amendment. Don’t interfere with their work.

What are the civil damages for illegal recording in Maryland?

Minimum of $100 per day of violation or $1,000 (whichever is higher), plus punitive damages and attorney’s fees.

Are recordings admissible in Maryland courts?

Only if obtained legally with all-party consent. Illegally obtained recordings are inadmissible.

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Related Maryland Laws

• Maryland Whistleblower Laws
• Maryland Hit and Run Laws
• Maryland Sexting Laws
• Maryland Child Support Laws

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Sources and Legal References

Source	Link
Md. Code, Cts. & Jud. Proc. § 10-402	Maryland General Assembly
Maryland Wiretapping Laws (Justia)	Justia
Reporters Committee – Maryland	rcfp.org

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Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Maryland has strict recording laws with serious criminal penalties. If you have questions about recording in Maryland, consult with a licensed Maryland attorney.

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Two-Party Consent States Reference

Maryland is one of the stricter two-party consent states, especially regarding interstate calls.

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

*Connecticut has different rules for phone vs. in-person. Delaware has conflicting statutes. Michigan courts have varied interpretations.

One-Party Consent States

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