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New Jersey Recording Laws

New Jersey Recording Law Summary:New Jersey Recording Law

New Jersey recording law stipulates that it is a one-party consent state. In New Jersey, it is a criminal offense to use any device to record or share communications, whether they are oral or electronic, without the consent of at least one person taking part in the communication. This means that in New Jersey, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. N.J. Stat. Ann. § 2A:156A-4 (West 2012).

Personal Conversations:

You may not record, obtain, share or use conversations that you are not a part of without the consent of at least one party.

However, New Jersey law does make an exception in cases of oral conversations where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy, not including any electronic communication. N.J. Stat. Ann. § 2A:156A-2.

If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:

  • Getting verbal or written consent prior to the recording being made.
  • A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
  • An audible beep tone being repeated at steady intervals during the duration of the conversation.

Penalties:

N.J. Stat. Ann. § 2A:156A-3: The illegal recording of an oral or electronic conversation is considered a crime of the third degree.

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