Maine Recording Laws: Consent Rules and Penalties
Quick Answer
Maine is a one-party consent state. You can legally record phone calls and in-person conversations as long as you are 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. \u00a7 710 |
| Maximum Fine | $5,000 (interception); $20,000 (selling devices) |
| Maximum Prison Time | 5 years (Class C); 10 years (Class B for device sales) |
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Understanding Maine\u2019s Recording Laws
The Legal Foundation
Maine\u2019s wiretapping and interception laws are found in Title 15, Chapter 102 of the Maine Revised Statutes. The key statutes are:
- 15 M.R.S.A. \u00a7 710 - Criminal offenses related to interception of wire and oral communications
- 15 M.R.S.A. \u00a7 711 - Civil remedies for victims of illegal interception
- 15 M.R.S.A. \u00a7 712 - Exceptions to the interception prohibition, including the one-party consent rule
Under 15 M.R.S.A. \u00a7 710, it is a Class C crime to intentionally intercept, disclose, or use wire or oral communications without authorization. The law also makes it a crime to possess devices designed for interception (Class C) or to sell, exchange, or furnish such devices (Class B). However, the law provides a critical exception when at least one party to the communication consents.
These statutes are current through the First Special Session of the 132nd Maine Legislature (October 1, 2025), with no amendments to the core recording consent provisions.
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 do not need to announce "this call is being recorded" or get anyone else\u2019s permission.
In contrast, two-party (or all-party) consent states like Massachusetts (Maine\u2019s neighbor) require everyone in the conversation to agree to be recorded.
Maine\u2019s law specifically uses the language "prior authority by the sender or receiver," which courts have consistently interpreted to mean only one party must consent.
Important: "Private Places" Exception
Maine has a unique rule for "private places" like bathrooms, changing rooms, locker rooms, and similar locations. Under 17-A M.R.S.A. \u00a7 511, it is a Class D crime to install or use a device in a private place to observe, photograph, record, amplify, or broadcast sounds or events without the consent of all persons entitled to privacy in that location.
This means the general one-party consent rule does not apply in private places. All persons present must agree before any recording takes place.
Recording Phone Calls in Maine
Can You Record Phone Calls in Maine?
Yes. Under 15 M.R.S.A. \u00a7 710 and the one-party consent exception in \u00a7 712, you can record any phone call you are 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 are 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 are 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:
- Verbal consent before the call begins
- A recorded announcement ("This call may be recorded...")
- A periodic beep tone during the call
Businesses should also be aware that Maine\u2019s Online Data Privacy Act (LD 1822), effective July 1, 2026, introduces new consumer data protections. While the act does not change the one-party consent rule for recording, businesses that store recorded call data may face new obligations around data minimization, consumer access requests, and deletion rights.
Recording In-Person Conversations
When Is It Legal?
You can record in-person conversations in Maine when:
- You are participating in the conversation
- You are in a public place where there is no reasonable expectation of privacy
- You have consent from at least one party (which can be yourself)
- You are not in a "private place" like a bathroom or changing room
When Is It Illegal?
It is illegal to record conversations when:
- You are not a party to the conversation and do not have consent
- You are recording in a "private place" without all-party consent
- You are using illegally obtained recordings for any purpose
- You are using electronic equipment in a public place to see through people\u2019s clothing (17-A M.R.S.A. \u00a7 511)
What About Recording in Your Own Home?
You can record conversations in your own home if you are 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 and Voyeurism Laws
Maine has strong privacy protections for "private places." Under 17-A M.R.S.A. \u00a7 511, it is a crime to:
- Install or use devices in private places to observe or record someone without consent
- Use electronic equipment in public to see through clothing
- Trespass on property to overhear or observe people in private places
A violation of \u00a7 511 is a Class D crime, punishable by up to 364 days in jail and a fine of up to $2,000. If the victim is under 16 and the act was committed for sexual gratification, the offender must register as a sex offender.
Unauthorized Dissemination of Private Images (Revenge Porn)
Maine also criminalizes "revenge porn" under 17-A M.R.S.A. \u00a7 511-A. It is a Class D crime to intentionally disseminate, display, or publish intimate images of another person without their consent when done with intent to harass, torment, or threaten. This includes AI-generated or digitally altered images that appear to show the depicted person in a state of nudity or engaged in sexual activity.
Penalties include up to 364 days in jail and a $2,000 fine. If the images involve a minor, charges can escalate to felony-level offenses.
If you are recording someone\u2019s 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 do not 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 are 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. The U.S. Court of Appeals for the First Circuit, which has jurisdiction over Maine, has repeatedly affirmed this right.
In Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011), the court held that private citizens have a First Amendment right to record police officers carrying out their duties in public spaces. This was the first federal appellate decision to explicitly recognize this right.
The First Circuit has also upheld the right to secretly audio record police performing official duties in public, meaning you do not need to announce that you are recording.
In Maine, you can:
- Film traffic stops (including your own)
- Record arrests happening in public
- Document interactions with police
- Livestream encounters
Important limitations:
- Do not interfere with police operations
- Do not trespass to get a better angle
- Follow lawful orders to step back (within reason)
- Do not obstruct the officer\u2019s duties
- Police may not confiscate or demand to view your recordings without a warrant
Recording Government Meetings
Maine\u2019s Freedom of Access Act (1 M.R.S.A. \u00a7\u00a7 400-414) requires most government meetings to be open to the public. Any person must be allowed to attend public proceedings. Recording of these 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 are 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 are participating in the conversation.
Can I Record My Ex-Spouse or Co-Parent?
Yes, during conversations you are part of. This is common in custody disputes. However:
- Do not record your children\u2019s private conversations without being present
- Do not 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 does not obstruct your view
- Be aware that audio recording follows one-party consent rules
- Check if your insurance offers dashcam discounts
Interception Device Laws
Maine law goes beyond just the act of recording. Under 15 M.R.S.A. \u00a7 710, it is also illegal to:
- Possess interception devices designed or commonly used for intercepting wire or oral communications (Class C crime, up to 5 years in prison and $5,000 fine)
- Sell, exchange, or furnish interception devices with intent to sell (Class B crime, up to 10 years in prison and $20,000 fine)
These provisions do not apply to law enforcement officers, employees of communication common carriers acting in the normal course of employment, or Department of Corrections employees authorized to exercise law enforcement powers.
Using Recordings as Evidence in Maine
Are Recordings Admissible in Court?
Recordings made legally under Maine\u2019s 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 under the Maine Rules of Evidence
- 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. \u00a7 710)
Unlawful interception of communications is a Class C crime in Maine:
| Offense | Class | Maximum Prison | Maximum Fine |
|---|---|---|---|
| Intercepting communications | Class C | 5 years | $5,000 |
| Disclosing intercepted communications | Class C | 5 years | $5,000 |
| Possessing interception devices | Class C | 5 years | $5,000 |
| Selling interception devices | Class B | 10 years | $20,000 |
Violation of Privacy Penalties (17-A M.R.S.A. \u00a7 511)
| Offense | Class | Maximum Prison | Maximum Fine |
|---|---|---|---|
| Recording in private places | Class D | 364 days | $2,000 |
| Unauthorized dissemination of private images | Class D | 364 days | $2,000 |
Civil Liability (15 M.R.S.A. \u00a7 711)
Victims of illegal recording may sue for:
- Liquidated damages of $100 per day for each day of violation, or actual damages, whichever is greater
- Reasonable attorney\u2019s fees and litigation costs
- Punitive damages in appropriate cases
Maine Online Data Privacy Act (LD 1822)
In early 2026, the Maine Legislature passed LD 1822, the Maine Online Data Privacy Act. While this law does not change the one-party consent rules for recording, it introduces important data privacy protections that may affect how recordings are stored and shared digitally.
Key provisions relevant to recording:
- Data minimization: Companies must collect only the data necessary to provide their service
- Biometric data protections: Businesses cannot collect biometric data (voice prints, facial recognition) unless necessary for the requested service
- Consumer rights: Maine residents can request access to, correction of, or deletion of their personal data
- Sensitive data: The act classifies certain categories of data as sensitive, requiring additional protections
The act takes effect July 1, 2026, and is enforced by the Maine Attorney General. It does not create a private right of action for consumers.
More Maine Laws
Sources and References
- Maine Revised Statutes Title 15 \u00a7 710 - Offenses(legislature.maine.gov).gov
- Maine Revised Statutes Title 15 \u00a7 711 - Civil Remedy(legislature.maine.gov).gov
- Maine Revised Statutes Title 15 \u00a7 712 - Exceptions(legislature.maine.gov).gov
- Maine Revised Statutes Title 17-A \u00a7 511 - Violation of Privacy(legislature.maine.gov).gov
- Maine Revised Statutes Title 17-A \u00a7 511-A - Unauthorized Dissemination of Private Images(legislature.maine.gov).gov
- Maine Legislature Law Library - Recording and Surveillance of Private Conversations(legislature.maine.gov).gov
- Maine Freedom of Access Act - 1 M.R.S.A. \u00a7 403(legislature.maine.gov).gov
- Maine Revised Statutes Title 17-A \u00a7 1704 - Maximum Fine Amounts(legislature.maine.gov).gov
- ACLU of Maine - Filming and Photographing Police(www.aclumaine.org)
- Reporters Committee for Freedom of the Press - Maine Recording Guide(www.rcfp.org)
- Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011)(law.justia.com)