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

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

Quick Answer: What Are One-Party Consent States?

One-party consent states allow you to record a conversation if you are a participant, without needing permission from the other parties. As of 2026, there are 38 one-party consent states plus the District of Columbia. If you are recording, your consent counts as the “one party.”

Key Point	Answer
Number of One-Party Consent States	38 states + D.C.
Can you record your own conversations?	Yes, in one-party consent states
Do you need to tell the other person?	No, not legally required
Federal law standard	One-party consent (18 U.S.C. § 2511)
Recording someone without being part of conversation?	Illegal in all states (wiretapping)

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Complete List of One-Party Consent States (2026)

The following 38 states (plus D.C.) follow the one-party consent rule for recording conversations:

State	Statute	Notes
Alabama	Ala. Code § 13A-11-30	One-party consent
Alaska	Alaska Stat. § 42.20.310	One-party consent
Arizona	Ariz. Rev. Stat. § 13-3005	One-party consent
Arkansas	Ark. Code § 5-60-120	One-party consent
Colorado	Colo. Rev. Stat. § 18-9-303	One-party consent
D.C.	D.C. Code § 23-542	One-party consent
Georgia	Ga. Code § 16-11-62	One-party consent
Hawaii	Haw. Rev. Stat. § 803-42	One-party consent
Idaho	Idaho Code § 18-6702	One-party consent
Indiana	Ind. Code § 35-33.5-5-5	One-party consent
Iowa	Iowa Code § 808B.2	One-party consent
Kansas	Kan. Stat. § 21-6101	One-party consent
Kentucky	Ky. Rev. Stat. § 526.010	One-party consent
Louisiana	La. Rev. Stat. § 15:1303	One-party consent
Maine	Me. Rev. Stat. tit. 15, § 709	One-party consent
Minnesota	Minn. Stat. § 626A.02	One-party consent
Mississippi	Miss. Code § 41-29-531	One-party consent
Missouri	Mo. Rev. Stat. § 542.402	One-party consent
Nebraska	Neb. Rev. Stat. § 86-290	One-party consent
New Jersey	N.J. Stat. § 2A:156A-4	One-party consent
New Mexico	N.M. Stat. § 30-12-1	One-party consent
New York	N.Y. Penal Law § 250.00	One-party consent
North Carolina	N.C. Gen. Stat. § 15A-287	One-party consent
North Dakota	N.D. Cent. Code § 12.1-15-02	One-party consent
Ohio	Ohio Rev. Code § 2933.52	One-party consent
Oklahoma	Okla. Stat. tit. 13, § 176.4	One-party consent
Rhode Island	R.I. Gen. Laws § 11-35-21	One-party consent
South Carolina	S.C. Code § 17-30-30	One-party consent
South Dakota	S.D. Codified Laws § 23A-35A-20	One-party consent
Tennessee	Tenn. Code § 39-13-601	One-party consent
Texas	Tex. Penal Code § 16.02	One-party consent
Utah	Utah Code § 77-23a-4	One-party consent
Virginia	Va. Code § 19.2-62	One-party consent
West Virginia	W. Va. Code § 62-1D-3	One-party consent
Wisconsin	Wis. Stat. § 968.31	One-party consent
Wyoming	Wyo. Stat. § 7-3-702	One-party consent

Note: Vermont has no specific recording statute but is generally considered a one-party consent state under federal law.

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All-Party Consent States (Two-Party Consent)

For comparison, the following 12 states require all parties to consent before recording:

State	Link to Recording Laws
California	California Recording Laws
Connecticut	Connecticut Recording Laws
Delaware	Delaware Recording Laws
Florida	Florida Recording Laws
Illinois	Illinois Recording Laws
Maryland	Maryland Recording Laws
Massachusetts	Massachusetts Recording Laws
Michigan	Michigan Recording Laws
Montana	Montana Recording Laws
Nevada	Nevada Recording Laws
New Hampshire	New Hampshire Recording Laws
Oregon	Oregon Recording Laws
Pennsylvania	Pennsylvania Recording Laws
Washington	Washington Recording Laws

For a comprehensive guide to all-party consent states, see our Two-Party Consent States Guide.

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How One-Party Consent Works

Understanding the mechanics of one-party consent is essential for staying on the right side of the law.

Who Can Be the “One Party”?

In one-party consent states:

• You can record any conversation you are actively participating in
• You can authorize someone else (like law enforcement) to record a conversation you’re having
• Your consent is the “one party” — no one else needs to know

What You Cannot Do (Even in One-Party Consent States)

• Record conversations you’re not part of — this is illegal wiretapping in all states
• Plant a recording device to capture conversations without being present
• Record in locations with heightened privacy expectations (bathrooms, bedrooms, medical facilities)
• Use recordings for illegal purposes (blackmail, harassment)

Common Scenarios Explained

Scenario	Legal in One-Party Consent State?
Recording a phone call you’re on	Yes
Recording an in-person conversation you’re having	Yes
Recording a business meeting you’re attending	Yes (but may violate company policy)
Recording a conversation between two other people	No (illegal wiretapping)
Leaving your phone to record after you leave	No (you’re no longer a party)
Recording your landlord during a conversation	Yes
Recording a police officer during an encounter	Generally yes (varies by circumstance)
Recording your child’s conversation	Complex (see vicarious consent below)

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Federal Wiretapping Law (18 U.S.C. § 2511)

Federal law establishes a baseline of one-party consent for recording conversations. Under 18 U.S.C. § 2511:

It is not unlawful “for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception.”

How Federal and State Laws Interact

• State laws cannot be less restrictive than federal law (one-party consent is the minimum)
• States can be more restrictive (all-party consent states like California)
• For interstate calls, the stricter state’s law generally applies

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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: The Stricter Law Applies

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

Safe Practice for Interstate Calls

1. Identify the location of all parties
2. Research the recording laws for each state involved
3. When in doubt, either:
   • Inform all parties and get consent, or
   • Don’t record

Interstate Recording Chart

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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Workplace Recording in One-Party Consent States

Even though recording may be legal in one-party consent states, workplace recordings raise additional considerations.

Legal But Potentially Risky

In one-party consent states, employees can legally record:

• Conversations with supervisors
• Meetings they attend
• Phone calls they participate in

However, employers may have policies prohibiting recording, and violating these policies can result in:

• Termination for policy violation
• Loss of severance or benefits
• Damage to professional reputation

Employer Recording of Employees

Employers in one-party consent states can generally record:

• Their own conversations with employees
• Business calls (with proper notification)
• Video in common areas (without audio in some jurisdictions)

Restrictions typically exist for:

• Union organizing activities (NLRA protections)
• Bathrooms, changing rooms, and break rooms
• Personal phone calls on personal devices

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Recording Police Officers

The right to record police officers performing their duties in public has been recognized by federal courts, regardless of state recording consent laws.

First Amendment Protections

Multiple federal circuit courts have held that recording police in public is protected by the First Amendment:

• Glik v. Cunniffe (1st Circuit, 2011)
• ACLU v. Alvarez (7th Circuit, 2012)
• Turner v. Lieutenant Driver (5th Circuit, 2017)

Limitations on Recording Police

You may still face restrictions if you:

• Interfere with police operations
• Record in areas where you have no right to be
• Violate other laws in the process

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Vicarious Consent: Recording on Behalf of Children

Can a parent legally record their child’s conversations? This complex area involves the doctrine of “vicarious consent.”

What Is Vicarious Consent?

Vicarious consent allows a parent or guardian to consent to recording on behalf of a minor child when:

• The parent has a good faith belief the recording is in the child’s best interest
• The purpose is to protect the child from harm

Court Treatment by Circuit

Federal courts have recognized vicarious consent in various contexts:

• Pollock v. Pollock (6th Circuit, 1998) — recognized vicarious consent
• Thompson v. Dulaney (10th Circuit, 1992) — allowed parental recording

However, this doctrine has limits and does not permit:

• Recording adult conversations the child overhears
• Recording for purposes unrelated to the child’s welfare
• Recording in bad faith or for improper motives

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Penalties for Illegal Recording

Violating recording consent laws can result in both criminal and civil penalties.

Federal Penalties (18 U.S.C. § 2511)

• Criminal: Up to 5 years imprisonment
• Civil: Actual damages, punitive damages, and attorney’s fees
• Minimum statutory damages: $10,000 per violation

State Penalties Vary Widely

State	Criminal Classification	Maximum Penalty
California	Felony or Misdemeanor	$2,500 fine and/or 1 year jail (misdemeanor); up to 3 years prison (felony)
Florida	Third-degree felony	Up to 5 years prison, $5,000 fine
Illinois	Class 4 felony	1-3 years prison
Maryland	Felony	Up to 5 years prison, $10,000 fine
Massachusetts	Felony	Up to 5 years prison, $10,000 fine
Pennsylvania	Third-degree felony	Up to 7 years prison

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Recording Apps and Technology

Many apps and services now make recording calls easy. Understanding the legal landscape is essential before using them.

Popular Recording Options

• iPhone Voice Memos: Built-in app for recording
• Google Voice: Can record incoming calls (announces to all parties)
• Rev Call Recorder: Third-party app for iOS
• Cube ACR: Popular Android call recorder
• TapeACall: Third-party service for iOS and Android

Best Practices

1. Know your state’s law before recording
2. Consider the other party’s location for phone calls
3. When in doubt, inform all parties
4. Store recordings securely
5. Understand your company’s policies if recording work calls

Our recommended Digital Audio Recorder.

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Frequently Asked Questions

Is it illegal to record a conversation without consent?

It depends on your state. In the 38 one-party consent states, you can record any conversation you’re part of without telling others. In all-party consent states (12 states), everyone must agree to be recorded.

Can I record my boss without their knowledge?

In one-party consent states, yes, you can legally record conversations with your boss if you’re participating. However, it may violate company policy and could lead to termination.

Is recording someone without consent a crime?

Recording a conversation you’re not part of is illegal in all states. Recording a conversation you ARE part of is legal in one-party consent states but may be illegal in all-party consent states without everyone’s permission.

Can recordings be used in court?

Legally obtained recordings can generally be used as evidence. However, illegally obtained recordings may be inadmissible and could expose you to criminal or civil liability.

Do I need to tell someone I’m recording them?

In one-party consent states, no. In all-party consent states, yes. For interstate calls, the safest approach is to inform all parties.

Can I record a conversation to prove harassment?

Yes, in one-party consent states. Recording evidence of harassment, threats, or other misconduct is one of the most common legitimate uses of one-party consent recording.

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Summary

• 38 states + D.C. follow one-party consent rules
• 12 states require all-party consent
• Federal law establishes one-party consent as the baseline
• You can record any conversation you participate in (in one-party states)
• You cannot record conversations you’re not part of (illegal everywhere)
• Interstate calls should follow the stricter state’s rules
• Workplace recordings may be legal but policy violations can still result in termination

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Related Resources

• United States Recording Laws Overview
• Two-Party (All-Party) Consent States
• Recording Conversations with Your Ex
• Can I Sue Someone for Recording Me?
• Canada 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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