New Hampshire Recording Laws

New Hampshire Recording Law Summary: New Hampshire Recording Law

New Hampshire recording law stipulates that it is a two-party consent state. In New Hampshire, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the conversation. This means that in New Hampshire you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, the offense is considered a misdemeanor instead of a felony if the perpetrator contributed to the communication in question or received the prior consent of one party to the recording. N.H. Rev. Stat. Ann. § 570-A:2 (2012).

Additionally, the New Hampshire Supreme Court has ruled that consent be implied when the circumstances around a situation demonstrate that a person was aware that they were being records.  Examples of this could be a microphone set up for them or previous situations consistently recorded.

Our recommended Digital Voice Recorder.

Personal Conversations:

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

However, New Hampshire 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. N.H. Rev. Stat. Ann. § 570-A:1.

New Hampshire Video Recording Laws

It is unlawful to install or use any device for observing, photographing, recording, amplifying, broadcasting or in any way transmitting images or sounds:

  • Of the intimate parts of another person or body parts underneath a person’s clothing without that person’s consent.
  • In any private place.
  • Outside a private place for the purposes of capturing images, location, movement, or sounds originating in such a place which would otherwise not be audible, visible, or comprehensible outside such place.

N.H. Rev. Stat. Ann § 644:9(1)

For example, installing a camera or voice recorder in a public restroom is illegal because such a restroom is a private place where people have a reasonable expectation of privacy (expect to be free from surveillance).


N.H. Rev. Stat. Ann. § 570-A:2: The recording of oral or electronic communications between parties who were under a reasonable expectation of privacy without the consent of all involved is a felony offense.

N.H. Rev. Stat. Ann § 644:9(1): Violating New Hampshire’s video recording laws is a class A misdemeanor punishable by imprisonment not exceeding 1 year and a fine not exceeding $2000.

N.H. Rev. Stat. Ann § 644:9(III): It is a class A misdemeanor to for a person to disseminate or cause the dissemination of any photograph or video recording of himself or herself that involves sexual activity without the consent of person(s) who appear on the photograph or video.

If someone is using a copyrighted work or recording of yours you may submit a DMCA takedown notice.

Other New Hampshire Laws

Leave a Comment