United States Recording Laws (2026 Guide): Every State’s Rules

Last Updated: January 2026 | Verified against 18 U.S.C. § 2511 and current state statutes

Quick Answer: Can I Record Conversations in the United States?

It depends on your state. Federal law allows one-party consent recording, meaning you can record any conversation you participate in. However, 11 states require all-party consent. When state law is stricter than federal law, state law applies.

Key Point	Answer
Federal law standard	One-party consent (18 U.S.C. § 2511)
One-party consent states	38 states + D.C.
All-party consent states	11 states (+ some mixed)
Can I record my own conversations?	Yes in one-party states; need consent in all-party states
Interstate call rule	Follow the stricter state’s law
Federal penalty for violations	Up to 5 years prison, $250,000 fine

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Federal Recording Law: 18 U.S.C. § 2511

The federal wiretapping statute (18 U.S.C. § 2511) establishes the baseline for recording laws in the United States. It prohibits the intentional interception of wire, oral, or electronic communications, with an important exception.

The One-Party Consent Exception

Section 2511(2)(d) permits recording when:

“The person is a party to the communication or where one of the parties to the communication has given prior consent to such interception.”

This means you can legally record any conversation you participate in under federal law. Your own consent counts as the “one party.”

Important Limitation

The one-party consent exception does not apply if the recording is made “for the purpose of committing any criminal or tortious act.” Recording for blackmail, fraud, or other illegal purposes remains illegal.

State Laws Can Be Stricter

While federal law sets the minimum standard (one-party consent), states can impose stricter requirements. When state law requires all-party consent, you must follow the state law, not federal law.

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Call and Video Recording Laws By State

The map above shows recording laws by state. Light blue indicates one-party consent states, dark blue indicates all-party consent states, and striped states have mixed or special provisions.

Hawaii, Illinois, Michigan, Missouri, Montana, Nevada, Oregon, and Vermont all have special provisions, so if you are interested in the laws related to those states, visit the individual state page for an in-depth overview.

List of One-Party Consent States

In these 38 states (plus D.C.), you can record conversations you participate in without telling other parties:

• One-Party Consent States (2026 Guide): Complete List & Recording Laws

*RecordingLaw.com prefers to err on the side of caution with states that have special provisions. Make sure to read the state rules for your specific state.

Check your state’s individual recording laws by scrolling down to the table, or click through to your state for a more in-depth overview.

Click here to see more information on One Party Consent States.

What Does One-Party Consent Mean?

One-party consent means an individual can record conversations they are a part of without the other person’s (or persons’) consent. You should still check the individual laws for each state as there are some differences between them. The general rule for one-party consent states is: if you are part of the conversation, you are allowed to record it.

List of Two-Party Consent States (All-Party Consent)

The following states require consent from all parties before recording:

• California Audio and Video Recording Laws
• *Connecticut Recording Laws
• Delaware Recording Laws
• Florida Recording Laws
• Illinois Recording Laws
• Maryland Recording Laws
• Massachusetts Recording Laws
• Michigan Recording Laws*
• Montana Recording Laws
• Nevada Recording Laws*
• New Hampshire Recording Laws
• Oregon Recording Laws*
• Pennsylvania Recording Laws
• Washington Recording Laws

*RecordingLaw.com prefers to err on the side of caution with these states as they have special provisions. Make sure to read the state rules.

What Is a Two-Party Consent State? (All-Party Consent)

In two-party (or all-party) consent states, it is required by state law that all parties who partake in a conversation must consent for that conversation to be recorded when there is an expectation of privacy. This law covers private as well as public places; if there is an expectation of privacy, consent must be given.

Generally, video may be recorded in public places with the caveats that your video does not capture the audio or subject of the conversation, and the people are speaking in a public place. Check your state’s individual recording laws by scrolling down for a short synopsis on the table, or click through to your state for a more in-depth overview.

Click here to see more information on Two Party Consent States.

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Important 2025 Update: Oregon Recording Law

On January 7, 2025, the Ninth Circuit Court of Appeals issued an important en banc ruling upholding Oregon’s conversational privacy statute (ORS § 165.540).

What This Means for Oregon

• In-person oral conversations: Oregon requires notice (not necessarily consent) to all parties before recording. You cannot secretly record in-person conversations.
• Telephone/electronic communications: Oregon follows one-party consent — if you are a party to a phone call, you can record it without informing the other party.

This reversed a prior three-judge panel decision from 2023 that had struck down the law as unconstitutional. The full Ninth Circuit held that Oregon’s statute is content-neutral and passes First Amendment scrutiny.

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Interstate Recording: Which State’s Law Applies?

When recording a conversation that crosses state lines, determining which law applies can be complex.

General Rule: Follow the Stricter Law

Most courts and legal experts advise following the stricter standard:

• If either party is in an all-party consent state, get consent from everyone
• Example: A call between New York (one-party) and California (all-party) should follow California’s all-party consent requirement

Interstate Recording Quick Reference

Caller Location	Recipient Location	Recommended Approach
One-party consent state	One-party consent state	One-party consent sufficient
One-party consent state	All-party consent state	Get all-party consent
All-party consent state	One-party consent state	Get all-party consent
All-party consent state	All-party consent state	Get all-party consent

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Federal Penalties for Illegal Recording

Violating 18 U.S.C. § 2511 carries serious penalties:

Penalty Type	Maximum
Criminal – Imprisonment	Up to 5 years
Criminal – Fine	Up to $250,000
Civil – Statutory Damages	$10,000 per violation minimum
Civil – Actual Damages	Plus punitive damages and attorney’s fees

State penalties vary widely. Some states classify illegal recording as a misdemeanor, while others (like California and Pennsylvania) treat it as a felony with potential prison time.

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Complete State-by-State Recording Laws Table

State	Simple Terms	Law
Federal	Federal law dictates that when no other law applies, it is a one-party consent region. State laws will supersede this, so make sure to check your local state laws.	Electronic Communications Privacy Act of 1986 (ECPA) & 18 U.S. Code § 2511
Alabama	One-party consent. You are not allowed to video record people in “A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.”	Ala. Code § 13A-11-30
Alaska	One-party consent. Alaska’s highest court has specifically held that the eavesdropping statute is only in place to address 3rd party interceptions. They do have specific protections in place for nude photo and film.	Alaska Stat. Ann. § 42.20.330, § 42.20.310, § 11.61.123
Arizona	One-party consent. Consent is required to record conversations in which there is a legal expectation of privacy. The owner of the telephone line may record phone calls without taking part in them (such as a business owner).	Ariz. Rev. Stat. Ann. § 13-3001, § 13-3012
Arkansas	One-party consent. Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park.	Ark. Code Ann. § 5-60-120
California	All-party consent. It is a criminal offense to record communications without the consent of everyone taking part. Exception: conversations in public places, government proceedings, or where one could be easily overheard.	Cal. Penal Code § 632
Colorado	One-party consent. Recording is allowed without all-party consent if there is no reasonable expectation of privacy such as a public place.	Colo. Rev. Stat. § 18-9-304
Connecticut*	Mixed. In-person conversations require one-party consent; telephone conversations require all-party consent. Read the state page for more information.	Conn. Gen. Stat. § 53a-187(a)(2), § 52-570d(a)
Delaware	All-party consent. It is a criminal offense to record communications without the consent of all parties. Delaware also prohibits trespassing on private property to eavesdrop.	Del. Code Ann. tit. 11, § 1335(a)(4), § 1335(a)(1)
District of Columbia	One-party consent. Recording is allowed if there is no reasonable expectation of privacy such as a public place.	D.C. Code § 23-542
Florida	All-party consent. It is a criminal offense to record communications without the consent of everyone taking part in the communication.	Fla. Stat. § 934.03(2)(d)
Georgia	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Georgia has a caveat allowing parents to intercept their children’s communications.	Ga. Code Ann. § 16-11-66, § 16-11-62
Hawaii	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	Haw. Rev. Stat. § 803-42
Idaho	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	Idaho Code Ann. § 18-6702
Illinois	All-party consent. It is a criminal offense to record communications without the consent of everyone taking part. 2014 amendment: recording allowed in areas where there is no reasonable expectation of privacy.	720 Ill. Compiled Stat. 5/14-2(a)(1), 5/14-3(g)
Indiana	One-party consent. Applies to text messages and e-mails as well.	Ind. Code Ann. § 35-33.5-5-5, § 35-31.5-2-176
Iowa	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intent.	Iowa Code Ann. § 808B.2, § 727.8
Kansas	One-party consent. Also has a hidden camera law which forbids the recording and disclosure of intercepted images.	Kan. Stat. Ann. § 21-6101
Kentucky	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Voyeurism laws forbid illegally obtained images.	Ky. Rev. Stat. Ann. § 526.020, § 531.090
Louisiana	One-party consent. Video voyeurism laws also forbid the recording or sharing obtained illegally.	La. Rev. Stat. Ann. § 15:1303, § 14:283
Maine	One-party consent. Exception: unless the conversation is audible by normal, unaided hearing. Privacy laws also forbid the recording or sharing of images obtained illegally.	Me. Rev. Stat. Ann. tit. 15, § 710, tit. 17-A, § 511
Maryland	All-party consent. Maryland’s Wiretapping and Electronic Surveillance Act stipulates that 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
Massachusetts	All-party consent. It is a criminal offense to record and/or disseminate communications without the consent of all contributing parties.	Mass. Ann. Laws ch. 272, § 99(B), § 99(C)
Michigan*	Effectively one-party. On the surface Michigan appears all-party consent, but Michigan courts have ruled that “eavesdrop” inherently refers only to overhearing or recording by a third party (snooping), not participants. Sullivan v. Gray (1982).	Mich. Comp. Laws § 750.539c, Sullivan v. Gray (1982)
Minnesota	One-party consent. Hidden camera laws forbid the recording or sharing of illegally obtained images.	Minn. Stat. § 626A.02, § 609.746
Mississippi	One-party consent. Hidden camera law forbids the recording or sharing of illegally obtained images.	Miss. Code Ann. § 41-29-531, § 97-29-63
Missouri*	One-party consent for electronic communications. Wire and oral communications also one-party consent. Cell phone conversations between cell phone users may have less protection under Lee v. Lee (1998).	Mo. Ann. Stat. § 542.402(2)(3), Lee v. Lee (1998)
Montana	Notice required. All-party consent for hidden recordings, but recordings can be made without consent as long as not done covertly. All parties must be notified that the conversation is being recorded.	Mont. Code Ann. § 45-8-213
Nebraska	One-party consent. It is also lawful to record electronic communications that are easily available to the public.	Neb. Rev. Stat. § 86-290, § 86-283, § 86-286
Nevada*	Mixed. One-party consent for oral (in-person) conversations. All-party consent required for wire communications (telephone calls, cell phones, VOIP, Zoom). Lane v. Allstate.	Nev. Rev. Stat. §§ 200.620, 200.650, Lane v. Allstate
New Hampshire	All-party consent. However, the offense is considered a misdemeanor instead of a felony if the perpetrator contributed to the communication or received the prior consent of one party.	N.H. Rev. Stat. Ann. § 570-A:2
New Jersey	One-party consent. It is also lawful to record electronic communications that are easily available to the public.	N.J. Stat. Ann. § 2A:156A-4, § 2A:156A-2
New Mexico	One-party consent for wire communications. Does not require consent to record oral communication. Journalists do not require consent to record electronic communications.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	N.Y. Penal Law §§ 250.00, 250.05
North Carolina	One-party consent. Implied consent is established once a party is told they are being recorded and remains a part of the conversation. North Carolina v. Price (2005).	N.C. Gen. Stat. Ann. § 15A-287, NC v. Price (2005)
North Dakota	One-party consent. However, conversations where all parties are using a cell phone, as well as messages exchanged between cell phones, can be lawfully intercepted without consent.	N.D. Cent. Code § 12.1-15-02, § 12.1-15-04
Ohio	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	Ohio Rev. Code Ann. § 2933.52, § 2933.51
Oklahoma	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	Okla. Stat. Ann. tit. 13, § 176.4, tit. 21, § 1202
Oregon*	Mixed (Updated Jan 2025). In-person oral conversations: notice required to all parties. Telephone/electronic communications: one-party consent. Ninth Circuit upheld statute en banc in January 2025.	Or. Rev. Stat. Ann. §§ 165.535, 165.540
Pennsylvania	All-party consent. It is a criminal offense to record communications without the consent of everyone taking part in the conversation.	18 Pa. Cons. Stat. Ann. § 5704
Rhode Island	One-party consent. It is also lawful to share the details of a conversation that has become widely circulated or available to the public.	R.I. Gen. Laws § 11-35-21, § 12-5.1-1
South Carolina	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	S.C. Code Ann. § 17-30-30, § 17-30-15
South Dakota	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	S.D. Codified Laws § 23A-35A-20, § 23A-35A-1
Tennessee	One-party consent. It is also lawful to record electronic communications that are easily available to the public.	Tenn. Code Ann. § 39-13-601, § 39-13-604, § 40-6-303
Texas	One-party consent. It is also lawful to record electronic communications that are easily available to the public.	Tex. Penal Code Ann. § 16.02, Tex. Code Crim. Proc. Ann. art. 18.20
Utah	One-party consent. It is also lawful to record electronic communications easily available to the public.	Utah Code Ann. § 77-23a-3, § 77-23a-4
Vermont*	One-party consent (by default). Vermont law does not contain specific provisions regarding recording. However, it is criminal to covertly monitor communications in a person’s home. Vermont v. Geraw (2002).	Vermont v. Geraw (2002), Vermont v. Rheaume (2005), Vermont v. Brooks (1991)
Virginia	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	Va. Code Ann. § 19.2-61, § 19.2-62
Washington	All-party consent. It is a criminal offense to record communications without the consent of everyone taking part in the conversation.	Wash. Rev. Code Ann. § 9.73.030
West Virginia	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent. Note: Evidence obtained by recording communication is “totally” inadmissible in civil court cases without the consent of the person recorded. Wis. Stat. Ann. § 885.365(1).	Wis. Stat. Ann. § 968.27, § 968.31, § 885.365(1)
Wyoming	One-party consent. You are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.	Wyo. Stat. Ann. § 7-3-702

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Frequently Asked Questions

Is it legal to record a conversation without the other person knowing?

In 38 states plus D.C. (one-party consent states), yes, as long as you are participating in the conversation. In all-party consent states, you need everyone’s permission.

What is the difference between one-party and two-party consent?

One-party consent means only one person in the conversation needs to agree to the recording (you can be that person). Two-party (all-party) consent means everyone must agree before recording is legal.

Can I record my boss or coworker?

Legally, in one-party consent states, yes. However, it may violate company policy and could lead to termination even if the recording is legal.

What happens if I violate recording consent laws?

Federal violations can result in up to 5 years imprisonment and $250,000 in fines. State penalties vary from misdemeanors to felonies. You may also face civil lawsuits for damages.

Do recording laws apply to video as well as audio?

Recording consent laws primarily apply to audio recordings of conversations where there’s an expectation of privacy. Video-only recording in public places is generally legal. Adding audio triggers wiretapping laws.

Can I record police officers?

Generally yes, in public. Multiple federal courts have held that recording police performing their duties in public is protected by the First Amendment.

What about recording in public places?

Recording in public places where there’s no expectation of privacy is generally legal in all states. The key question is whether people have a reasonable expectation that their conversation is private.

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Related Resources

• One-Party Consent States (Complete List)
• Two-Party (All-Party) Consent States
• Can I Sue Someone for Recording Me?
• Canada Recording Laws
• UK Recording Laws

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Sources and Legal References

Source	Description
18 U.S.C. § 2511	Federal wiretapping statute
18 U.S.C. § 2520	Civil remedies for wiretapping violations
Reporters Committee for Freedom of the Press	State-by-state recording guide
Digital Media Law Project	Recording laws guide

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Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex and may change. Consult with a qualified attorney for advice on your specific situation.

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