New Jersey Recording Laws

New Jersey Recording Law Summary:

Last Updated: January 2025 | Verified against current N.J. Stat. Ann. Title 2A

Quick Answer

New Jersey 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. You don’t need to inform or get permission from other participants. However, you cannot record conversations you’re not part of, such as eavesdropping on someone else’s call.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	N.J. Stat. Ann. § 2A:156A-4
Criminal Penalty	Crime of the Third Degree
Civil Damages	$100/day or $1,000 minimum

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Understanding New Jersey’s Recording Laws

The Legal Foundation

New Jersey’s wiretapping and electronic surveillance laws are found in Title 2A, Chapter 156A of the New Jersey Statutes. The key statutes are:

• N.J. Stat. Ann. § 2A:156A-3 – Interception, disclosure, use of wire, electronic, oral communication; violation
• N.J. Stat. Ann. § 2A:156A-4 – Lawful interception activities; exceptions
• N.J. Stat. Ann. § 2A:156A-24 – Civil liability for violations

Under § 2A:156A-4, recording is permitted when at least one party to the communication consents. This includes recording your own conversations without informing other participants.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like New Jersey, 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 Pennsylvania require everyone in the conversation to agree to be recorded.

What Communications Are Covered?

New Jersey’s recording law applies to:

• Wire communications – Phone calls, including cell phones and VoIP
• Oral communications – In-person conversations where there’s a reasonable expectation of privacy
• Electronic communications – Digital communications, texts, emails in transit

Recording Phone Calls in New Jersey

Can You Record Phone Calls in New Jersey?

Yes. Under N.J. Stat. Ann. § 2A:156A-4, 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 New Jersey calling someone in a two-party consent state, the stricter law typically applies. Be especially careful with neighboring Pennsylvania, which requires all-party consent. States requiring all-party consent include:

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

Best practice: If you’re recording calls with people in Pennsylvania or other two-party consent states, either inform them or get explicit consent to be safe.

Business Call Recording

New Jersey businesses can record calls for quality assurance, training, or compliance. While not legally required under New Jersey law, many businesses choose to provide notice. 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 New Jersey 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 eavesdropping on someone else’s private conversation
• 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:

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

New Jersey Video Recording Laws

Public Spaces

New Jersey 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 Property and Privacy

On private property, the property owner sets the rules. New Jersey also has laws that prohibit:

• Recording intimate images without consent (N.J. Stat. Ann. § 2C:14-9)
• Recording someone in a location where they have a reasonable expectation of privacy
• Distributing intimate images without consent (revenge porn laws)

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?

New Jersey 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 New Jersey law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in New Jersey?

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

New Jersey’s Open Public Meetings Act (N.J. Stat. Ann. § 10:4-6 et seq.) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City council meetings
• County freeholder meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in New Jersey?

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 New Jersey?

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 DCPP Workers?

Yes. Division of Child Protection and Permanency (DCPP) 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 New Jersey?

Yes. Dashcams are legal in New Jersey. 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 New Jersey

Are Recordings Admissible in Court?

Recordings made legally under New Jersey’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 New Jersey

Criminal Penalties (N.J. Stat. Ann. § 2A:156A-3)

Illegal wiretapping in New Jersey is classified as a crime of the third degree. Under N.J. Stat. Ann. § 2A:156A-3, it’s illegal to:

• Purposely intercept or attempt to intercept any wire, electronic, or oral communication without authorization
• Disclose contents of communications knowing they were obtained through unlawful interception
• Use such communications knowing they were obtained unlawfully

Classification	Potential Penalty
Crime of the Third Degree	3-5 years imprisonment, up to $15,000 fine

Civil Liability (N.J. Stat. Ann. § 2A:156A-24)

Victims of illegal recording may sue for:

• Actual damages or liquidated damages of $100 per day of violation, with a minimum of $1,000 (whichever is greater)
• Punitive damages for willful violations
• Attorney’s fees and litigation costs

Frequently Asked Questions

Is New Jersey a one-party consent state?

Yes. New Jersey is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants.

Is New Jersey a two-party consent state?

No. New Jersey 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 New Jersey?

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

Can I sue someone for recording me in New Jersey?

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 New Jersey.

Do I need to tell someone I’m recording in New Jersey?

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 New Jersey?

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 New Jersey?

Illegal wiretapping is a crime of the third degree, punishable by 3-5 years imprisonment and up to $15,000 in fines. Civil liability includes minimum damages of $1,000 plus attorney fees.

Can recordings be used in divorce court in New Jersey?

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

Can I record calls with people in Pennsylvania?

Be cautious. Pennsylvania is a two-party consent state, so recording without everyone’s consent could violate Pennsylvania law. Get explicit consent when calling Pennsylvania.

Related New Jersey Laws

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

Sources and Legal References

Source	Link
N.J. Stat. Ann. § 2A:156A-3 – Violations	Justia
N.J. Stat. Ann. § 2A:156A-4 – Lawful Exceptions	Justia
N.J. Stat. Ann. § 2A:156A-24 – Civil Liability	Justia
New Jersey Open Public Meetings Act	NJ GRC
Digital Media Law Project	DMLP

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 New Jersey 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.	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. Rev. 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. Crime of 3rd degree for violations.	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.