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Maryland Recording Laws

Maryland Recording Law Summary:

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. This means that in Maryland you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. It is also forbidden to record someone with criminal or torturous intentions, and consent cannot be legally given in such situations.

Personal Conversations:

You may not record conversations without the consent of all involved parties.

However, Maryland law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. For example, it is legal to record someone in a neighboring apartment if you can clearly hear them through the walls.

Penalties:

Md. Code Ann., Cts. & Jud. Proc. § 10-402(b): Breaking the wiretapping law is considered a felony, punishable by no more than five years of prison time and a fine of up to $10,000.

Md. Crim. Law §§ 3-901, -902, -903: Breaking the hidden camera law is considered a misdemeanor, punishable by up to a year in jail and a fine of $2,500.

More Maryland Laws