District of Columbia Recording Laws

District of Columbia Recording Law Summary:

Last Updated: January 2025 | Verified against current D.C. Code

Quick Answer

The District of Columbia is a one-party consent jurisdiction. You can legally record any conversation you’re part of without telling the other participants. If you’re not part of the conversation, you need consent from at least one party to record.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	D.C. Code § 23-542
Maximum Fine	$12,500
Maximum Prison Time	5 years

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Understanding D.C.’s Recording Laws

The Legal Foundation

The District of Columbia’s wiretapping laws are found in Title 23, Chapter 5, Subchapter III of the D.C. Code. The key statute is:

• D.C. Code § 23-542 – Interception, disclosure, and use of wire or oral communications prohibited

Under this statute, it’s illegal to willfully intercept, disclose, or use wire or oral communications without authorization. However, the law provides an exception when one party to the communication consents to the recording.

One-Party vs. Two-Party Consent Explained

In a one-party consent jurisdiction like D.C., only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like neighboring Maryland require everyone in the conversation to agree to be recorded.

Important Note About Maryland

If you’re in D.C. and calling someone in Maryland, be aware that Maryland is a two-party consent state. The stricter law typically applies to interstate communications, so you may need all parties’ consent if someone on the call is in Maryland.

Recording Phone Calls in D.C.

Can You Record Phone Calls in D.C.?

Yes. Under D.C. Code § 23-542, you can record any phone call you’re participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

Recording Calls Across State Lines

D.C. is surrounded by Maryland and Virginia. When making interstate calls:

• Virginia – One-party consent (same as D.C.)
• Maryland – All-party consent (stricter than D.C.)

If you’re recording calls with people in Maryland or other two-party consent states, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: Given D.C.’s location, consider informing callers or getting consent when you’re unsure of their location.

Business Call Recording

D.C. businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in D.C. when:

• You’re participating in the conversation
• You’re in a public place where there’s no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)

When Is It Illegal?

It’s illegal to record conversations when:

• You’re not a party to the conversation and don’t have consent
• You’re recording in a private place without being present or having consent
• You’re using the recording for illegal purposes

What About Recording in Your Own Home?

You can record conversations in your own home if you’re participating. However, you cannot:

• Plant a hidden device and leave to record others
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

D.C. Video Recording Laws

Public Spaces

D.C. has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and the National Mall
• Record near government buildings (from public areas)
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property

On private property, the property owner sets the rules. D.C. also has voyeurism laws that prohibit:

• Recording someone without consent where they have a reasonable expectation of privacy
• Recording intimate images without consent
• Distributing intimate images without consent

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

D.C. employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. As a one-party consent jurisdiction, you can record conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in D.C.?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In D.C., you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording in Federal Buildings

D.C. has many federal buildings with specific rules. Generally:

• Recording in federal courthouses is prohibited
• Some federal buildings restrict photography and recording
• Public areas outside federal buildings are generally fair game

Recording Government Meetings

D.C. has no statutory restrictions on recording devices at public meetings. Government bodies must make meeting transcripts available for public copying. You can record:

• D.C. Council meetings
• Advisory Neighborhood Commission (ANC) meetings
• Public hearings
• Board and commission meetings

Specific Situations

Can I Record My Landlord in D.C.?

Yes, if you’re part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in D.C.?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record CFSA Workers?

Yes. Child and Family Services Agency (CFSA) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you’re part of. This is common in custody disputes. However:

• Don’t record your children’s private conversations without being present
• Don’t use children to secretly record the other parent
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in D.C.?

Yes. Dashcams are legal in D.C. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Recording in D.C. Courts

Important: Recording is prohibited in both D.C. Superior Court and federal courts within the District at both trial and appellate levels. This includes:

• Audio recording
• Video recording
• Photography

Violating court recording rules can result in contempt charges.

Using Recordings as Evidence in D.C.

Are Recordings Admissible in Court?

Recordings made legally under D.C.’s one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in D.C.

Criminal Penalties (D.C. Code § 23-542)

Willfully intercepting, disclosing, or using wire or oral communications without authorization:

Penalty	Maximum
Prison time	Up to 5 years
Fine	Up to $12,500

Civil Liability

Victims of illegal recording may also sue for:

• Actual damages
• Statutory damages (at least $100/day per violation, minimum $1,000)
• Punitive damages
• Attorney’s fees

Frequently Asked Questions

Is D.C. a one-party consent jurisdiction?

Yes. The District of Columbia is a one-party consent jurisdiction, meaning you can record any conversation you’re part of without informing other participants.

Is D.C. a two-party consent jurisdiction?

No. D.C. does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in D.C.?

Yes. As a participant in the conversation, you can record without telling the other person.

Can I sue someone for recording me in D.C.?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in D.C.

Do I need to tell someone I’m recording in D.C.?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in D.C.?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What about recording near the Capitol or White House?

You can generally record in public areas near federal buildings. However, specific restrictions may apply inside buildings or in certain secured zones.

What is the penalty for illegal recording in D.C.?

Up to 5 years in prison and up to $12,500 in fines, plus potential civil liability.

Can recordings be used in divorce court in D.C.?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Does D.C. have hidden camera laws?

Yes. D.C. prohibits recording someone without consent where they have a reasonable expectation of privacy, particularly for intimate images.

Related D.C. Laws

• D.C. Child Support Laws
• D.C. Statute of Limitations

Sources and Legal References

Source	Link
D.C. Code § 23-542 – Wire Interception	D.C. Law Library
D.C. Recording Laws	Digital Media Law Project
Reporters Committee Recording Guide	RCFP

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed D.C. attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent. Cannot video record in places with reasonable expectation of privacy.	Ala. Code § 13A-11-30
Alaska	One-party consent. Eavesdropping statute applies only to third-party interceptions.	AS 42.20.310
Arizona	One-party consent. Violations are felonies.	ARS 13-3005
Arkansas	One-party consent for private conversations.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent. Note Maryland (nearby) is all-party.	D.C. Code § 23-542
Georgia	One-party consent for audio. All-party for video in private places.	Ga. Code Ann. § 16-11-62
Hawaii	One-party consent for wire, oral, and electronic communications.	Haw. Rev. Stat. § 803-42
Idaho	One-party consent for all communication types.	Idaho Code Ann. § 18-6702
Indiana	One-party consent. Applies to wire communications.	Ind. Code Ann. § 35-33.5-5
Iowa	One-party consent if recording made without criminal intent.	Iowa Code Ann. § 808B.2
Kansas	One-party consent.	Kan. Stat. Ann. § 21-6101
Kentucky	One-party consent.	Ky. Rev. Stat. Ann. § 526.020
Louisiana	One-party consent.	La. Rev. Stat. Ann. § 15:1303
Maine	One-party consent.	Me. Rev. Stat. Ann. tit. 15, § 710
Minnesota	One-party consent if no criminal intent.	Minn. Stat. § 626A.02
Mississippi	One-party consent if no criminal intent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Ann. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.00
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law, no statute).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.