This is a handy guideline to know whether the recording laws in each state are one party or two party consent. Make sure to still find each states individual laws as they might vary.
For the grey states, Illinois is a two party consent states
Illinois’ two party consent statute was deemed unconstitutional in 2014, but it is still always better to get the consent of all parties.
Hawaii is considered a one party consent state although it becomes a two party consent state when you are in what would be considered a ‘private’ place.
Massachusetts has laws against secretly recording people, which is worded differently than the general two party consent state. Massachusetts is still widely considered a two party, or all party consent state.
List of One Party Consent States
Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan*, Minnesota, Mississippi, Missouri*, Montana*, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Verginia, Wisconsin, Wyoming.
*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 for your specific state.
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What does One Party Consent Mean?
One party consent means that an individual is able to record conversations that they are a part of without the other person (or persons) consent. You should still make sure to look at the individual laws for each state as there are a few small differences between them. A general rule for one party consent states is that if you are part of the conversation you are allowed to record it.
List of Two Party Consent States (All Party Consent)
California, Connecticut, Florida, Maryland, Massachusetts, Michigan*, Missouri*, Montana* (Requires notification only), Nevada, New Hampshire, Oregon*. Pennsylvania, Vermont*, Washington, Illinois.
*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 that partake in a conversation must have given 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 states individual recording laws for more information.
Click here to see more information on Two Party Consent States
United States Recording Law Frequently Asked Questions