North Carolina Recording Laws

North Carolina Recording Law Summary:

Last Updated: January 2025 | Verified against current N.C. Gen. Stat. Chapter 15A

Quick Answer

North Carolina 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 permission from at least one participant in advance. Violating North Carolina’s wiretapping laws is a Class H felony.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	N.C. Gen. Stat. § 15A-287
Criminal Penalty	Class H Felony
Civil Damages	Yes – actual and punitive damages

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Understanding North Carolina’s Recording Laws

The Legal Foundation

North Carolina’s wiretapping and electronic surveillance laws are found in Chapter 15A, Article 16 of the North Carolina General Statutes. The key statute is:

• N.C. Gen. Stat. § 15A-287 – Interception and disclosure of wire, oral, or electronic communications prohibited

Under § 15A-287(a), it’s illegal to willfully intercept, disclose, or use wire, oral, or electronic communications without the consent of at least one party to the communication.

What’s Prohibited

The law specifically prohibits:

• Intercepting or recording any wire, oral, or electronic communication without one-party consent
• Disclosing contents of intercepted communications obtained illegally
• Using contents of intercepted communications obtained unlawfully

One-Party vs. Two-Party Consent Explained

In a one-party consent state like North Carolina, 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 California require everyone in the conversation to agree to be recorded.

Reasonable Expectation of Privacy

For oral (in-person) communications, the law applies only when the speaker has a reasonable expectation of privacy. This means:

• Recording loud conversations in public places (restaurants, ballgames, public gatherings) may not violate the law
• Conversations in private settings where participants expect privacy are protected
• Context matters in determining whether privacy expectations exist

Recording Phone Calls in North Carolina

Can You Record Phone Calls in North Carolina?

Yes. Under N.C. Gen. Stat. § 15A-287, 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 North Carolina calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

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

Best practice: When calling people in two-party consent states, either inform them or get explicit consent to be safe.

Business Call Recording

North Carolina 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?

You can record in-person conversations in North Carolina 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)

The Privacy Expectation Factor

North Carolina’s law specifically considers whether the speaker has a “reasonable expectation of privacy.” Recording may be permissible without consent when:

• The conversation occurs in a crowded public space
• The speakers are talking loudly enough for others to overhear
• The location is not one where privacy is expected

When Is It Illegal?

Recording is illegal in North Carolina 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

North Carolina Video Recording Laws

Public Spaces

North Carolina 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. North Carolina also has laws that prohibit:

• Recording intimate images without consent (N.C. Gen. Stat. § 14-202)
• Recording someone in a location where they have a reasonable expectation of privacy
• Distributing intimate images without consent (revenge porn laws – N.C. Gen. Stat. § 14-190.5A)

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?

North Carolina 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 North Carolina law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in North Carolina?

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

North Carolina’s Open Meetings Law (N.C. Gen. Stat. § 143-318.10 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 commissioner meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in North Carolina?

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 North Carolina?

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 DSS Workers?

Yes. Department of Social Services (DSS) 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 North Carolina family courts

Can I Use a Dashcam in North Carolina?

Yes. Dashcams are legal in North Carolina. 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 North Carolina

Are Recordings Admissible in Court?

Recordings made legally under North Carolina’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 North Carolina

Criminal Penalties (N.C. Gen. Stat. § 15A-287)

Violating North Carolina’s wiretapping laws is a Class H felony.

Classification	Potential Penalty
Class H Felony	4-25 months imprisonment (depending on prior record)

Note: North Carolina uses a structured sentencing grid where punishment depends on the offense class and the defendant’s prior record level.

Civil Liability

Victims of illegal recording in North Carolina may sue for:

• Actual damages
• Punitive damages for willful violations
• Attorney’s fees and court costs
• Statutory damages as provided by law

Frequently Asked Questions

Is North Carolina a one-party consent state?

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

Is North Carolina a two-party consent state?

No. North Carolina 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 North Carolina?

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

Can I sue someone for recording me in North Carolina?

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 North Carolina.

Do I need to tell someone I’m recording in North Carolina?

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 North Carolina?

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 North Carolina?

Illegal wiretapping is a Class H felony, which can result in 4-25 months imprisonment depending on your prior record level.

Can recordings be used in divorce court in North Carolina?

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 conversations in public places in North Carolina?

Yes, especially if speakers don’t have a reasonable expectation of privacy. Conversations in crowded public spaces where others can overhear may not be protected by the wiretapping statute.

Related North Carolina Laws

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

Sources and Legal References

Source	Link
N.C. Gen. Stat. § 15A-287	NC Legislature
Digital Media Law Project	DMLP
NC Open Meetings Law	NC DOJ
NC Structured Sentencing	NC Courts

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 North Carolina 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.	N.Y. Penal Law § 250.05
North Carolina	One-party consent. Privacy expectation matters for oral.	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.