New Hampshire Recording Laws (2026 Guide)

Last Updated: January 2026 | Verified against current New Hampshire Revised Statutes

Quick Answer

New Hampshire is an all-party consent state. Under RSA 570-A:2, it is a Class B felony to intercept telecommunications or oral communications without consent from all parties. There is no one-party consent exception for private parties. Victims can sue for civil damages with a minimum of $100 per day or $1,000.

New Hampshire Recording Law Summary

Key Point	Answer
Consent Type	All-Party Consent
Can you record your own calls?	Only with consent from all parties
Must you inform others?	Yes – and obtain consent
Key Statute	RSA 570-A:2
Criminal Penalty	Class B Felony
Civil Damages	$100/day or $1,000 minimum + punitive + attorney fees

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Understanding New Hampshire’s All-Party Consent Law

What the Law Requires

New Hampshire’s wiretapping law (RSA Chapter 570-A) requires consent from all parties before recording any:

• Telecommunication (phone calls)
• Oral communication (in-person conversations)
• Electronic communication

What’s Prohibited

Under RSA 570-A:2, it is illegal to:

• Willfully intercept any telecommunication or oral communication
• Attempt to intercept such communications
• Procure another person to intercept communications
• Use or disclose illegally intercepted communications

The Legal Foundation

New Hampshire recording laws are found in:

• RSA 570-A:2 – Interception and disclosure prohibited
• RSA 570-A:1 – Definitions
• RSA 570-A:11 – Civil damages

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Recording Phone Calls in New Hampshire

Can You Record Phone Calls in New Hampshire?

Only with consent from all parties on the call. To legally record:

• Inform all parties at the start that you wish to record
• Obtain explicit consent before beginning
• If anyone declines, do not record

Recording Calls Across State Lines

When calling between New Hampshire and other states:

• Follow New Hampshire’s all-party consent requirement
• If the other state also requires all-party consent, both laws apply
• When in doubt, get consent from everyone

Business Call Recording

New Hampshire businesses recording calls must:

• Obtain consent from all parties before recording
• Provide clear notification (automated messages are common)
• Document consent procedures
• Train employees on proper protocols

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Recording In-Person Conversations

When Is Recording Legal?

• When all parties consent to the recording
• In public settings where there’s no reasonable expectation of privacy
• With proper law enforcement authorization

When Is Recording Illegal?

• Recording any private conversation without all-party consent
• Using hidden devices to capture communications
• Secret recording of any private communication

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New Hampshire Video Recording Laws

Video Surveillance

New Hampshire’s wiretapping law primarily addresses audio interception:

• Silent video in public is generally permitted
• Video with audio is subject to the all-party consent requirement
• Hidden cameras capturing audio are prohibited without consent

Video Voyeurism

New Hampshire has separate laws prohibiting:

• Recording in private places where privacy is expected
• Distribution of intimate images without consent

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Recording in the Workplace

Can You Record at Work in New Hampshire?

New Hampshire’s all-party consent rule applies in workplace settings. You cannot:

• Secretly record conversations with coworkers or supervisors
• Record meetings without consent from all participants
• Use hidden devices to capture workplace communications

Employer Monitoring

Employers may monitor workplace communications if:

• All employees are informed and consent
• Monitoring policies are clearly communicated
• Consent is obtained (often through employment agreements)

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Recording Police in New Hampshire

Can You Record Police Officers in New Hampshire?

Yes, with considerations. The First Amendment protects your right to record police officers performing their duties in public. However:

• Audio recording may still technically require consent under state law
• Open, visible recording is advisable
• Don’t interfere with police activities
• Courts generally support recording police in public

Recording Public Meetings

New Hampshire’s Right-to-Know Law supports public access to government meetings. Recording at public meetings is generally permitted.

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Law Enforcement Exceptions

One-Party Consent for Law Enforcement

New Hampshire does allow one-party consent recording for law enforcement under specific circumstances:

• Requires Attorney General approval
• Limited to investigations of organized crime, specific enumerated offenses, solid waste violations, and harassing calls
• This exception does NOT apply to private citizens

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Penalties for Illegal Recording in New Hampshire

Criminal Penalties

Offense	Classification
Unauthorized interception	Class B Felony
Disclosure of intercepted communications	Class B Felony
Use of illegally obtained communications	Class B Felony
Interception without proper authorization (some circumstances)	Misdemeanor

Class B felony in New Hampshire carries potential state prison time.

Civil Liability

Under RSA 570-A:11, victims of illegal recording may sue for:

• Liquidated damages: $100 per day of violation OR $1,000 (whichever is higher)
• Actual damages beyond the minimum
• Punitive damages
• Attorney’s fees and litigation costs

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Frequently Asked Questions

Is New Hampshire a two-party consent state?

Yes. New Hampshire requires consent from all parties before recording any telecommunication or oral communication.

Can I record a phone call in New Hampshire?

Only with consent from all parties on the call.

Can I secretly record a conversation in New Hampshire?

No. Secret recording without consent is a Class B felony.

Is there a one-party consent exception in New Hampshire?

Only for law enforcement with Attorney General approval for specific investigations. Private citizens have no one-party consent exception.

What are the penalties for illegal recording in New Hampshire?

Class B felony (criminal) and civil liability of at least $100/day or $1,000 minimum, plus punitive damages.

Can I record my employer in New Hampshire?

Only with consent from all parties to the conversation.

Can I record police in New Hampshire?

Yes, in public settings. First Amendment protections apply to recording police performing public duties.

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Related New Hampshire Laws

• New Hampshire Whistleblower Laws
• New Hampshire Hit and Run Laws
• New Hampshire Sexting Laws
• New Hampshire Child Support Laws

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Sources and Legal References

Source	Link
RSA 570-A:2	NH General Court
RSA 570-A:11 (Civil Damages)	NH General Court
New Hampshire RSA Chapter 570-A (Justia)	Justia

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

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Two-Party Consent States Reference

New Hampshire has straightforward all-party consent requirements with no participant exceptions.

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*	MCL 750.539c
Montana	MCA 45-8-213
New Hampshire	RSA 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 created a participant exception.

One-Party Consent States

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