New York Audio and Video Recording Laws

New York Recording Law Summary:

Last Updated: January 2025 | Verified against current N.Y. Penal Law Article 250

Quick Answer

New York 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, eavesdropping (recording without any party’s consent) is a Class E felony in New York.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	N.Y. Penal Law § 250.00, § 250.05
Criminal Penalty	Class E Felony (up to 4 years)
Civil Damages	Actual damages + punitive damages

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Understanding New York’s Recording Laws

The Legal Foundation

New York’s wiretapping and electronic surveillance laws are found in Article 250 of the New York Penal Law (Offenses Against the Right to Privacy). The key statutes are:

• N.Y. Penal Law § 250.00 – Definitions (wiretapping, mechanical overhearing, eavesdropping)
• N.Y. Penal Law § 250.05 – Eavesdropping (Class E felony)
• N.Y. Penal Law § 250.10 – Possession of eavesdropping devices
• N.Y. Penal Law § 250.15 – Failure to report wiretapping

Key Definitions Under New York Law

Understanding New York’s recording laws requires knowing these definitions from § 250.00:

• “Wiretapping” – Intentional overhearing or recording of telephonic or telegraphic communication by someone other than sender or receiver, without consent of either
• “Mechanical overhearing” – Intentional overhearing or recording of a conversation without consent of at least one party, by a person not present
• “Eavesdropping” – Unlawfully engaging in wiretapping, mechanical overhearing, or intercepting electronic communications

One-Party vs. Two-Party Consent Explained

New York requires consent of at least one party to record conversations. This means:

• You can record any conversation you’re participating in
• You can record phone calls you’re a party to
• You cannot record conversations where you’re not a participant (eavesdropping)

In contrast, two-party (or all-party) consent states like California require everyone in the conversation to agree to be recorded.

Recording Phone Calls in New York

Can You Record Phone Calls in New York?

Yes. Under N.Y. Penal Law § 250.00, 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 York calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

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

Best practice: New York is surrounded by several two-party consent states (Connecticut, Massachusetts, Pennsylvania). When calling these states, consider informing the other party or getting explicit consent.

Business Call Recording

New York businesses can record calls for quality assurance, training, or compliance. While not legally required, 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?

Under New York’s “mechanical overhearing” definition, you need consent from at least one party to record in-person conversations. As a participant, you provide that consent.

You can record in-person conversations in New York 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

When Is It Illegal?

Recording is illegal in New York when:

• You’re not a party to the conversation and don’t have consent from any participant
• 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 (covered by separate privacy laws)

New York Video Recording Laws

Public Spaces

New York 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 York also has laws that prohibit:

• Unlawful surveillance (N.Y. Penal Law § 250.45) – Filming someone in a bedroom, bathroom, or other private location without consent
• Dissemination of unlawful surveillance (N.Y. Penal Law § 250.50) – Sharing such recordings
• Recording 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?

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

Recording Police and Government Officials

Can You Record Police Officers in New York?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In New York, this right has been affirmed by courts. 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 York’s Open Meetings Law (Public Officers Law § 100 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 legislature meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in New York?

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 (New York has strong tenant protections)

Can I Record My Doctor in New York?

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 ACS Workers?

Yes. Administration for Children’s Services (ACS) 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 New York family courts

Can I Use a Dashcam in New York?

Yes. Dashcams are legal in New York. 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 York

Are Recordings Admissible in Court?

Recordings made legally under New York’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 York

Criminal Penalties

New York takes eavesdropping seriously. Penalties vary by offense:

Offense	Classification	Potential Penalty
Eavesdropping (§ 250.05)	Class E Felony	Up to 4 years prison
Possession of eavesdropping devices (§ 250.10)	Class A Misdemeanor	Up to 1 year jail
Failure to report wiretapping (§ 250.15)	Class B Misdemeanor	Up to 90 days jail
Unlawful surveillance (§ 250.45)	Class E Felony	Up to 4 years prison

Civil Liability

Victims of illegal recording in New York may sue for:

• Actual damages (lost wages, emotional distress, etc.)
• Punitive damages for willful violations
• Attorney’s fees and court costs
• Injunctive relief (court orders to stop recording/sharing)

Frequently Asked Questions

Is New York a one-party consent state?

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

Is New York a two-party consent state?

No. New York 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 York?

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

Can I sue someone for recording me in New York?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation (eavesdropping). If someone you were talking to recorded you, that’s legal in New York.

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

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 York?

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 York?

Eavesdropping is a Class E felony, punishable by up to 4 years in prison. Civil liability can include actual and punitive damages.

Can recordings be used in divorce court in New York?

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 Connecticut or Pennsylvania?

Be cautious. Both states require all-party consent. Recording without everyone’s consent could violate their laws. Get explicit consent when calling these neighboring states.

Related New York Laws

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

Sources and Legal References

Source	Link
N.Y. Penal Law § 250.00 – Definitions	FindLaw
N.Y. Penal Law § 250.05 – Eavesdropping	Public.Law
N.Y. Penal Law Article 250 – Full Text	YPD Crime
NY Open Meetings Law	NY DOS

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 York 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.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent. Eavesdropping is Class E felony.	N.Y. Penal Law § 250.05
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.