Maine Recording Laws

Maine Recording Law Summary:

Last Updated: January 2025 | Verified against current Maine Revised Statutes

Quick Answer

Maine is a one-party consent state. You can legally record phone calls and in-person conversations as long as you’re a party to the conversation or have consent from at least one participant. However, Maine has stricter rules for “private places” like bathrooms and changing rooms, where all-party consent is required.

Key Point	Answer
Consent Type	One-Party (except private places)
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	15 M.R.S.A. § 710
Maximum Fine	$5,000
Maximum Prison Time	5 years (Class C crime)

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Understanding Maine’s Recording Laws

The Legal Foundation

Maine’s wiretapping and interception laws are found in Title 15, Chapter 87 of the Maine Revised Statutes. The key statutes are:

• 15 M.R.S.A. § 710 – Offenses related to interception of communications
• 15 M.R.S.A. § 712 – Exceptions to the interception prohibition
• 15 M.R.S.A. § 711 – Civil remedies for victims of illegal interception

Under 15 M.R.S.A. § 710, it’s a Class C crime to intentionally intercept, disclose, or use wire or oral communications without authorization. However, the law provides an exception when at least one party to the communication consents.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Maine, 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 Massachusetts (Maine’s neighbor) require everyone in the conversation to agree to be recorded.

Important: “Private Places” Exception

Maine has a unique rule for “private places” like bathrooms, changing rooms, locker rooms, and similar locations. In these areas, all persons entitled to privacy must consent to any recording. This is stricter than the general one-party rule.

Recording Phone Calls in Maine

Can You Record Phone Calls in Maine?

Yes. Under 15 M.R.S.A. § 710, 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

If you’re in Maine calling someone in a two-party consent state, the stricter law typically applies. Be especially careful with neighboring Massachusetts, which requires all-party consent. States requiring all-party consent include:

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

Best practice: If you’re recording calls with people in other states, especially Massachusetts or New Hampshire, either inform them or get all-party consent to be safe.

Business Call Recording

Maine 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 Maine 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)
• You’re not in a “private place” like a bathroom or changing room

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 all-party consent
• You’re using illegally obtained recordings for any purpose

What About Recording in Your Own Home?

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

• Record guests in bathrooms, changing areas, or bedrooms without all-party consent
• Plant a hidden device and leave to record others without being present
• Record intimate activities without consent

Maine Video Recording Laws

Public Spaces

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

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Places

Maine has strong privacy protections for “private places.” Under 17-A M.R.S.A. § 511, it’s a crime to:

• Record intimate images without consent
• Record someone in a location where they have a reasonable expectation of privacy (bathrooms, locker rooms, changing rooms)
• Distribute 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?

Maine 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 state, 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 under Maine law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Maine?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Maine, 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 Government Meetings

Maine’s Freedom of Access Act (1 M.R.S.A. § 400-414) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City and town council meetings
• County commission meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in Maine?

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 Maine?

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 DHHS Workers?

Yes. Department of Health and Human Services (DHHS) 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 Maine?

Yes. Dashcams are legal in Maine. 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

Using Recordings as Evidence in Maine

Are Recordings Admissible in Court?

Recordings made legally under Maine’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 criminal charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Maine

Criminal Penalties (15 M.R.S.A. § 710)

Unlawful interception of communications is a Class C crime in Maine:

Penalty	Amount
Prison time	Up to 5 years
Fine	Up to $5,000

Civil Liability (15 M.R.S.A. § 711)

Victims of illegal recording may sue for:

• Statutory damages of $100 per day for each day of violation, or actual damages, whichever is greater
• Attorney’s fees and litigation costs
• Punitive damages in appropriate cases

Frequently Asked Questions

Is Maine a one-party consent state?

Yes. Maine is a one-party consent state for most situations, meaning you can record any conversation you’re part of without informing other participants. However, recording in “private places” like bathrooms requires all-party consent.

Is Maine a two-party consent state?

No. Maine generally requires only one-party consent. The exception is for “private places” where all parties must consent.

Can I record a conversation without the other person knowing in Maine?

Yes. As a participant in the conversation, you can record without telling the other person, unless you’re in a designated “private place.”

Can I sue someone for recording me in Maine?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation, or you were recorded in a “private place” without your consent.

Do I need to tell someone I’m recording in Maine?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of, unless you’re in a “private place.”

Can I record a Zoom call in Maine?

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 is the penalty for illegal recording in Maine?

Illegal recording is a Class C crime in Maine, punishable by up to 5 years in prison and up to $5,000 in fines.

Can recordings be used in divorce court in Maine?

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 Maine have hidden camera laws?

Yes. 17-A M.R.S.A. § 511 prohibits recording intimate images and voyeurism in private locations.

Related Maine Laws

• Maine Car Seat Laws
• Maine Child Support Laws
• Maine Hit and Run Laws
• Maine Lemon Law
• Maine Sexting Laws
• Maine Statute of Limitations
• Maine Whistleblower Laws

Sources and Legal References

Source	Link
15 M.R.S.A. § 710 – Offenses	Maine Legislature
15 M.R.S.A. § 712 – Exceptions	Maine Legislature
Maine Law Library – Recording Guide	Maine Legislature
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 Maine 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.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	K.S.A. 21-6101
Kentucky	One-party consent.	KRS 526.020
Louisiana	One-party consent.	La. R.S. 15:1303
Maine	One-party consent. All-party for “private places.”	15 M.R.S.A. § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	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).	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.