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.
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)
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.
Obtain affirmative consent (implied consent is risky)
Offer callers the option to decline recording
Train employees on proper consent procedures
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.
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
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
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
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.
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)
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.
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.
Two-Party Consent States Reference
Maryland is one of the stricter two-party consent states, especially regarding interstate calls.
