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District of Columbia Recording Laws (2026): One-Party Consent Rules

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 37 primary sources cited on this page. How we verify our legal content

District of Columbia Recording Laws (2026): One-Party Consent Rules

Frequently Asked Questions

Is the District of Columbia a one-party or two-party consent state?

The District is a one-party consent jurisdiction under D.C. Code section 23-542(b)(3). Any party to a wire or oral communication may record without notifying the other parties. The defense is voided only if the recording is made for a criminal, tortious, or 'any other injurious act' purpose. For federal wiretap law, 18 U.S.C. section 2510(3) expressly defines the District as a 'State.'

Can I record a phone call in Washington, D.C.?

Yes, if you are a party to the call. D.C. Code section 23-542(b)(3) allows one-party recording for landlines, cell calls, and VoIP. For a D.C.-to-Maryland call, Maryland's all-party consent rule under Md. Code Cts. and Jud. Proc. section 10-402 may apply, so obtaining consent from all parties is the safer practice. D.C.-to-Virginia calls need only one-party consent on both sides.

Is illegal recording a felony in Washington, D.C.?

Yes. Violations of D.C. Code section 23-542(a) are felonies punishable by up to 5 years imprisonment and a fine of up to $12,500 under D.C. Code section 22-3571.01(b)(6). Felony interception cases are prosecuted by the U.S. Attorney for the District of Columbia, not the D.C. Office of the Attorney General, under D.C. Code section 23-101.

What can I sue for if someone illegally recorded me in D.C.?

Under D.C. Code section 23-554(a), you can recover the greater of actual damages or $100 per day per violation or $1,000 in liquidated damages, whichever is higher, plus punitive damages and attorney fees. The District government cannot assert governmental immunity as a defense (section 23-554(c)). The civil statute of limitations is 3 years under D.C. Code section 12-301(a)(8).

Are Ring doorbells and nanny cams legal in D.C.?

Video-only cameras are generally lawful when the owner is the recorder and the camera does not capture enumerated private contexts covered by D.C. Code section 22-3531 (bathrooms, undressing, sexual activity). Audio-capable cameras add a wiretap consideration: a homeowner who is not a participant in the conversation being captured cannot rely on the one-party defense for the audio. Distributing any image obtained through a voyeurism violation is a separate 5-year felony under section 22-3531(f)(2).

Can I record my boss or an HR meeting in D.C.?

Yes, if you are present in the meeting. D.C. Code section 23-542(b)(3) permits participant recording with no advance notice. The covert-recording wrinkle: NLRB Stericycle (372 NLRB No. 113, 2023) means an employer no-recording policy may be challengeable as an unfair labor practice if it tends to chill protected Section 7 activity. Federal employees in the District are covered by FLRA precedent, not the NLRA.

Can I record the police in Washington, D.C.?

You likely can, but the right is not clearly established at the D.C. Circuit level for qualified-immunity purposes. The D.C. Circuit has no published civilian record-the-police opinion. Eight other circuits (1st, 3d, 4th, 5th, 7th, 9th, 10th, 11th) have recognized the right, and those decisions are persuasive. MPD General Order GO-SPT-302.13 internally acknowledges civilian recording. Civilians suing federal officers also face Bivens constraints under Egbert v. Boule, 142 S. Ct. 1793 (2022).

Does D.C. have a law against AI deepfake intimate images?

Not yet as a stand-alone criminal statute. D.C. Law 25-268 (effective March 7, 2025) provides a civil remedy for NCII with up to $10,000 statutory damages, but its intimate-image definition does not expressly cover AI deepfakes. The federal TAKE IT DOWN Act (Pub. L. 119-12) expressly reaches AI-generated digital forgeries and its platform compliance obligation took effect May 19, 2026. D.C. Council bill B26-0524 (introduced December 2025) would add explicit AI / digital-technology coverage if enacted.

Updates

Corrected the federal-property section: National Mall filming now reflects the EXPLORE Act rule at 54 U.S.C. 100905 (no permit for eight or fewer individuals) instead of a superseded court-based five-or-fewer threshold, and Capitol-grounds camera rules are no longer attributed to statutory text that does not contain them.

Corrected the description of the D.C. Code section 22-3056 public-interest defense to state its actual statutory elements (no harm-minimization requirement was ever part of the law), and fixed a wrong subsection cite in the May 2026 changelog entry so it matches the correct $12,500 fine citation used throughout the rest of the page.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the voyeurism penalty description (D.C. Code Section 22-3531(f)(1)): the statute's actual text says only "a misdemeanor," with no "Class A" grading. The 1-year/$2,500 penalty figures were already correct and are unchanged.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Restructured page per recording-redo spec: added AEO lede, at-a-glance table, and reorganized into canonical section order (in-person / phone / hidden cameras / penalties / police / special topics / recent developments). Condensed ~400-line current page to readable hub format; preserved all verified statutes, case citations, and penalty figures. Special-topics subsections cover federal-property overlay, BWCA, NCII / deepfakes, and workplace recording. FAQ expanded to 8 questions. Verified D.C. Code sections 23-542, 23-554, 22-3531, and 22-3571.01 fine tiers against code.dccouncil.gov. No corrections to load-bearing facts; confirmed $12,500 max fine under section 22-3571.01(b)(6) for 5-year offenses, $2,500 for 1-year offenses. Retained all primary-source citations; removed no banlist links.

Wave 8 refresh. Added federal-overlay framing covering USCP, USPP, GSA, Pentagon, and NARA regulations. Added BWCA H2 with Secure DC (D.C. Law 25-175) amendments. Reframed the D.C. Circuit record-the-police section as unsettled with Price v. Garland restrictive analytic gravity (NOT a direct holding). Added D.C. Law 25-268 UCRUDII Act civil remedy (effective March 7, 2025). Corrected fine cap from $25,000 and $10,000 references to the verified $12,500 under D.C. Code section 22-3571.01(b)(4). Corrected the sovereign-immunity waiver citation from section 23-554(b) to section 23-554(c). Reframed sections 22-3052 / 22-3053 distinction as disclose-versus-publish (no recipient-count threshold). Noted that the January 23, 2026 35-AG xAI/Grok demand letter was led by NC AG Jeff Jackson, with D.C. AG Brian Schwalb as a signatory. Noted that the federal TAKE IT DOWN Act platform compliance deadline of May 19, 2026 takes effect five days from this refresh. Updated citations to use 36 CFR sections 5.5 and 7.96 for the National Mall (not section 1280.52, which is NARA-specific) and 32 CFR section 234.15 for the Pentagon (not section 228.8, which is NSA-specific).

Wave 8 refresh. Added federal-overlay framing covering USCP, USPP, GSA, Pentagon, and NARA regulations. Added BWCA H2 with Secure DC (D.C. Law 25-175) amendments. Reframed the D.C. Circuit record-the-police section as unsettled with Price v. Garland restrictive analytic gravity. Added D.C. Law 25-268 UCRUDII Act civil remedy (effective March 7, 2025). Corrected fine cap from $25,000 and $10,000 references to the verified $12,500 under D.C. Code section 22-3571.01(b)(6). Corrected sovereign-immunity waiver citation from section 23-554(b) to section 23-554(c). Reframed sections 22-3052 / 22-3053 distinction as disclose-versus-publish (no recipient-count threshold). Noted that the January 23, 2026 35-AG xAI/Grok demand letter was led by NC AG Jeff Jackson, with D.C. AG Brian Schwalb as a signatory. Noted that the federal TAKE IT DOWN Act platform compliance deadline of May 19, 2026 takes effect five days from this refresh. Updated citations to use 36 CFR sections 5.5 and 7.96 for the National Mall and 32 CFR section 234.15 for the Pentagon.

Added wearable recording device guidance covering AI voice recorders (Plaud) and smart glasses (Meta Ray-Bans) under District of Columbia one-party consent law.

DC Office of Police Complaints released its FY25 Annual Report. 81% of OPC investigations included BWC footage (up from 77% in FY24); BWC non-compliance rate fell to 17% (from 33% in FY24).

A bipartisan coalition of 35 state attorneys general led by North Carolina AG Jeff Jackson sent a demand letter to xAI / X regarding Grok-generated nonconsensual sexually explicit deepfake images. D.C. AG Brian Schwalb joined the coalition as a signatory.

B26-0524 (Distribution of False Sexual Imagery Prohibition Amendment Act of 2025) introduced in DC Council. Pending in committee.

NLRB General Counsel released GC 25-07, declaring surreptitious recording of NLRA collective-bargaining sessions a per se violation of Sections 8(a)(5) and 8(b)(3). Narrow scope: bargaining sessions only, not general workplace recording.

Federal TAKE IT DOWN Act (Pub. L. 119-12) signed. Criminal provisions effective immediately. Platform 48-hour notice-and-takedown compliance effective May 19, 2026.

D.C. AG Brian Schwalb issued a consumer alert warning District residents about AI-generated deepfake telemarketing scams that impersonate trusted contacts.

D.C. Law 25-268 (Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act of 2024) effective. Created D.C. Code Title 7 Chapter 21D. Civil cause of action with up to $10,000 statutory damages per defendant, plus punitive damages, attorney fees, and injunctive relief. Statute of limitations: 4 years from discovery, tolled for minors until age 18.

NLRB Acting General Counsel released GC 25-05, a housekeeping rescission of multiple Biden-era General Counsel memoranda. Stericycle remains controlling Board law.

Eleventh Circuit vacated the FCC one-to-one consent rule (FCC Order 23-107). Pre-amendment prior express written consent standard governs [TCPA](/us-laws/tcpa) robocall consent.

D.C. Law 25-175 (Secure DC Omnibus Amendment Act of 2024) permanent law became effective. Added no-redact-officer-likeness rule, serious-bodily-injury definition, and officer pre-report BWC review prohibition to section 5-116.33.

Mayor Bowser signed D.C. Law 25-175 (Secure DC Omnibus Amendment Act of 2024). Primary sponsor Councilmember Brooke Pinto (Ward 2).

FCC Declaratory Ruling 24-17 classified AI-generated voices in robocalls as 'artificial or prerecorded' messages under the TCPA.

Sources and References

  1. D.C. Code section 23-541 (wiretap chapter definitions)(code.dccouncil.gov).gov
  2. D.C. Code section 23-542 (interception prohibited; civilian one-party-consent defense)(code.dccouncil.gov).gov
  3. D.C. Code section 23-554 (civil cause of action; sovereign-immunity waiver at subsection (c))(code.dccouncil.gov).gov
  4. D.C. Code section 22-3571.01 (omnibus criminal fine proportionality)(code.dccouncil.gov).gov
  5. D.C. Code section 22-3531 (voyeurism)(code.dccouncil.gov).gov
  6. D.C. Code section 22-3052 (unlawful disclosure of intimate images, misdemeanor)(code.dccouncil.gov).gov
  7. D.C. Code section 22-3053 (first-degree unlawful publication of intimate images, felony)(code.dccouncil.gov).gov
  8. D.C. Code section 22-3054 (downstream republisher misdemeanor)(code.dccouncil.gov).gov
  9. D.C. Code section 22-3056 (NCII public-interest affirmative defense)(code.dccouncil.gov).gov
  10. D.C. Code section 5-116.33 (BWCA reporting and access)(code.dccouncil.gov).gov
  11. D.C. Code section 12-301 (civil statute of limitations)(code.dccouncil.gov).gov
  12. D.C. Code section 23-113 (criminal statute of limitations)(code.dccouncil.gov).gov
  13. D.C. Code section 23-101 (USAO-DC adult-felony prosecution authority)(code.dccouncil.gov).gov
  14. D.C. Code section 10-503.19 (USCP-MPD concurrent jurisdiction)(code.dccouncil.gov).gov
  15. D.C. Code Title 7 Chapter 21D (UCRUDII Act codified)(code.dccouncil.gov).gov
  16. D.C. Code section 7-2165 (UCRUDII remedies)(code.dccouncil.gov).gov
  17. D.C. Code section 7-2166 (UCRUDII statute of limitations)(code.dccouncil.gov).gov
  18. D.C. Law 25-268 (UCRUDII Act of 2024)(code.dccouncil.gov).gov
  19. D.C. Law 25-175 (Secure DC Omnibus Amendment Act of 2024)(code.dccouncil.gov).gov
  20. B26-0524 bill status (Distribution of False Sexual Imagery, PENDING)(lims.dccouncil.gov).gov
  21. 18 U.S.C. section 2510 (ECPA definitions; DC is a 'State')(uscode.house.gov).gov
  22. 18 U.S.C. section 2511 (ECPA prohibitions; federal one-party consent floor)(uscode.house.gov).gov
  23. 18 U.S.C. section 2520 (federal Wiretap Act civil cause)(uscode.house.gov).gov
  24. TAKE IT DOWN Act, S. 146 (Pub. L. 119-12)(congress.gov).gov
  25. 36 CFR section 5.5 (commercial filming on NPS lands)(ecfr.gov).gov
  26. 36 CFR section 7.96 (National Capital Region special regulations)(ecfr.gov).gov
  27. 32 CFR section 234.15 (Pentagon Reservation visual recording)(ecfr.gov).gov
  28. 41 CFR Part 102-74 (GSA Federal Property Conduct Rules)(ecfr.gov).gov
  29. USCP Regulations and Prohibitions(uscp.gov).gov
  30. DOJ Justice Manual 9-7.000 (Electronic Surveillance)(justice.gov).gov
  31. MPD General Order GO-SPT-302.13 (Body-Worn Camera Program)(go.mpdconline.com)
  32. D.C. OOG Advisory Opinion OOG-2023-002(open-dc.gov).gov
  33. DC OPC FY25 Annual Report release(policecomplaints.dc.gov).gov
  34. NC DOJ release on 35-AG xAI/Grok demand letter (Jan. 23, 2026)(ncdoj.gov).gov
  35. NLRB Stericycle, 372 NLRB No. 113 (Aug. 2, 2023)(nlrb.gov).gov
  36. NLRB GC 25-07 (June 25, 2025) narrow bargaining-session memo(nlrb.gov).gov
  37. Federal Labor Relations Authority(flra.gov).gov
  38. FCC Declaratory Ruling 24-17 (AI voice in robocalls)(docs.fcc.gov).gov
  39. RCFP Reporters Recording Guide: District of Columbia(rcfp.org)
  40. NPS commercial film and photo permits (EXPLORE Act, 54 U.S.C. 100905: no permit for eight or fewer individuals)(nps.gov)
  41. 2 U.S.C. section 1961 (U.S. Capitol Police jurisdiction over the Capitol Buildings and Grounds)(law.cornell.edu)
  42. 2 U.S.C. section 1969 (Capitol Police Board regulatory authority for the Capitol Grounds)(law.cornell.edu)
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