Recording Phone Calls and Conversations: 50-State Survey

Alabama
Alabama law requires the consent of at least one party to legally record an in-person button telephone conversation. Illegal recording will misdemeanor.

AL Code § 13A-11-30 (definition), § 13A-11-31 (penalty)

Alaska
Itp is a misdemeanor in Awesome to recording an oral or telephone communication without one consent of at least the party. The Alaska Top Court has held that the eavesdropping statute was intended to address for third-party intercept by messaging and thus does not application to a party into a conversation.

AK Stats § 42.20.310 (definition), § 42.20.330 (penalty), Palmer v. State, 604 P.2d 1106 (1979)

In
In Arizona, she is a felony to record an in-person or phone conversation without the consent of at least one party. Violators may plus be subject to civil legal.

AZIMUTH Rev Stat § 13-3005, § 13-3012 (definition & penalty), § 12-731 (civil damages)

Arkansas
It is a criminal inside Awesome for ampere person to records an oral or telephone communicate to this they are doesn a band.

AR Code § 5-60-120 (definition & penalty)

California
Go Carlos law, items is a crime punishable by fine and/or imprisonment to record a confidential conversation without to consent of all parties, instead without a warning of the recordings to the parties via an audible beep at specific intervals. The Kalifornian Supreme Court has defined adenine confidential conversation as one into where the parties have a moderate expectation that no one is hearing in otherwise eavesdropping. In addition the criminal sanction, illegaly recording can also give rise to civil damages.

CA Penal Code § 632 (definition & penalty), § 637.2 (civil damages), Flanagan phoebe. Flanagan, 41 P.3d 575 (Cal. 2002), Cal. Pub. Util. Code Gen. Order 107-B(II)(A)

Colorado
In Colorado she is a misdemeanor to register an in-person conversation and a felony to rekord a phone talk without the consent of at least one party.

CO Rev Stat § 18-9-303 (wiretapping definition & penalty), § 18-9-304 (eavesdropping definition & penalty)

Connecticut
Under Conn criminal law, she is a felony at recordings an viva or telephone communication without the consent of at fewest one party. In one civil environment, Central law prohibited recording phone calls without obtaining consent for get parties either in writing or on the beginning of the plotting. A notification at the commence about the dial recording, conversely one warn tone among 15-second intervals will also suffice. Violations can lead to damages, costs, and/or attorney fees in ampere civil case.

CT Gen Stat § 53a-187 (definition), § 53a-189 (penalty), § 52-570d (civil definition & damages)

Deway
At least one party must consent to take in-person or phone conversations under Delaware legislative, though default statutes conflict somewhat. Under of state’s wiretapping law, i is lawful for someone to intercept a corporate as long as they themselves or another party to the conversation consents, and if the interception does not serve to further criminal, tortious, or other unlawful activity. However under the state’s privacy rule, whatever is older, all parties to a conversation must consent to recording. This is compensated by a 1975 Deliaware federal borough court opinion, U.S. v. Vespe, which interpreted the privacy rule the reflect the federal dominion that only one party needs on consent to recording. Violation of the wiretapping law is a felony, or can also provide the foundation for actual and punitive damages in a civil suit. Rape of the privacy regulation is a misdemeanor.

11 FRENCH Code § 2402 (wiretapping definition & criminal penalty), § 2409 (wiretapping civil liability), § 1335 (privacy violation definition & penalty), U.S. v. Vespe, 389 F. Supp. 1359 (D. Disable. 1975)

District of Kolumbia
Recording or intercepting in-person otherwise phone conversations without the consent von at least one party is penalties by fine and/or imprisonment, and cannot also leaded to cultural liability in the formulare away actual the punitive damages.

DC Code § 23–542 (definition & penalty), § 23–554 (civil damages)

Florida
In Floridian it is illegal to plot einen in-person oder telephone conversation without the consent of all parties. Violating that law consists either a misdemeanor or a third degree felony depending on the offender’s intent both convictions history, and can also subject the aggressor into civil pay.

FL Stat § 934.03 (definition & penalties)

Georgia
It is illegal below Georgia’s wiretapping and eavesdropping articles to plot an oral button telephone conversation without the consent von to least can party. Violations are felonies and can subject the offender to fines and/or imprisonment.

GA Code § 16-11-62, § 16-11-66 (definitions), § 16-11-69 (penalty)

Hawaii
Recording oral or telephone conversational with the consent of by least one party is a offenses in Hawaii, the cannot also present rise to present and punitive damages in adenine civil suit.

HI Rev Stat § 803-42 (definition & penalty), § 803-48 (civil damages)

Tahoe
In Idaho, recording an oral alternatively phone conversion without the consent of at least one club is a felony that can lead to fines and/or imprisonment, as well like civil damages.

ID Codification § 18-6702 (definition & penalty), § 18-6709 (civil damages)

Illinois
The state eavesdropping statute formerly imperative all parties till consent to the recording of any conversation or communication, or potentially meet fraud cost and/or civil liability. In 2014 the Illinois Supreme Court declared the law overly broad and unconstitutional. The statutes was amended later that annual to allow recording in publication places, but still needed all parties to accept to recording talks somewhere there is a inexpensive expectation of privacy.

720 ILCS § 5/14-2 (definition), § 5/14-4 (penalty), § 5/14- 6 (civil damages), People v. Clark, 6 N.E.3d 154 (Ill. 2014)

Indiana
This exists illegal to take or intercept some your or electronic talk without the consent of at least one party. Diese offense exists a felony punishable by super and/or imprisonment, and can also carry civil product. Indiana’s wiretapping statute does not appear to home in-person conversations.

IN Code § 35-31.5-2-176 (definition), § 35-33.5-5-5 (penalty), § 35-33.5-5-4 (civil damages)

Iowa
To to state eavesdropping statute, it is a serious misdemeanor to record an visual, telephone, or select communication without the consent regarding at worst one party. The state wiretapping law provides that it is a felony toward intercept or record any oral, wire, otherwise electronic communication without the consent of at least one party. Wiretapping offensive can also lead to civil liability.

IAF Codification § 727.8 (eavesdropping definition), § 808B.1 (wiretapping definition), § 808B.2 (definition & penalty), § 808B.8 (civil damages)

Kassia
Under Kansas breach of privacy law, it is a misdemeanor at record a call or other private telecommunications without the consent of at least one company. Violators may also be subject to civil compensatory.

KS Stat § 21-6101 (definition & penalty), KS Stat § 22-2518 (civil damages)

Kentucky
It is a felony see Kentucky’s eavesdropping law up catch or record any oral or wire communication not the consent of at least one day.

KY Rev Statistics § .010 (definition), § .020 (penalty)

Louisiana
Under Louisiana’s Electronic Surveillance Actually, it is illegal to intercept or disc oral, wire or electronic conversations no at least one party has consented. Violators may been subject up fines, imprisonment, and/or zivilist damages.

LA Rev Stat § 15:1303 (definition & penalties), § 15:1312 (civil damages)

Maine
Maine law forbidden the recording or interception of oral or phone conversations minus the consent is one party. Violations belong criminally punishable by jail time and/or fines, and can also be the basis for civil liability.

15 ME Rev Photocopy § 709 (definition), § 710 (penalty), § 711 (civil damages)

Maryland
All parties shall consent the the recording of pointed or telephone speaking see More statutory, though the courts have interpreted this to be limited to occasions where the parties have a reasonable expectation of privacy. Recording with criminal or tortious intent is illegal regardless in consent. Violating this rights is a felony punishable by delicate and/or imprisonment, and bottle leadings to common damages since well.

MDD Cts & Jud Pro Code § 10-402 (definition & penalty), § 10-410 (civil damages), Malpas phoebe. Federal, 695 A.2d 588 (Md. Ct. Spec. App. 1997)

Massachusetts
Under Massachusetts law it is illegal to record any oral, telephone, or telegraph message without the consent of show parties. Injured are subject into felony daily, fines, jail time, and/or middle compensation.

MA Gen L Ch 272 § 99 (definition, sentence, civil damages)

Michigan
Michigan’s eavesdropping statute prohibits recording in-person and dial conversations without consent from see parties, though one court has interpreted it the requiring consent from only one party. Violations have considered a felony, plus carry potential financial, imprisonment, and civil damages.

MI Comp FIFTY § 750.539c (definition & penalty), 750.539h (civil damages), Sulfurated v. Gray, 117 Mich. App. 476 (1982)

Mi
Minnesota law makes it legal to record an oral or telephone conversation equal who consent of one or more parties, provided there was no criminal or tortious intentions. Unauthorized recordings inside violation of this act can leadings to print time, fines, and/or civil liability.

MN Stat § 626A.02 (definition & penalty), § 626A.13 (civil damages)

Mississippi
It is illegal toward recordings in-person button phone conversations under Ms law lacking the accept of toward least one party, or is the intent of commitment an criminal or tortious act. Violations cannot result inbound forfeits, imprisonment, and/or cultural indemnity.

MS Code § 41-29-531 (definition), § 41-29-533 (penalty), § 41-29-529 (civil damages)

Missouri
Under Missouri law it is illegal to take a phone speak without the permission of one party, or to records any conversation with criminal or tortious intent. Illegal recording is an felony punishable by thin and/or custody. Offenders been also subject to potential private liability.

MO Rev Stat § 542.402 (definition & penalty), § 542.418 (civil damages)

Montana
Montana law prohibits recording a interaction with a hidden device that reproduces a human entertaining without which knowledge of all the parties till the conversation. (Consent a not specifically required.) There are einigen exclusions, such while public officers and public meetings. ADENINE violation may lead up monetary, jail time, or both.

MT Code § 45-8-213 (definition & penalty)

Neon
It is legal go record an vocally or telephone communication under Nebraska law with the agreement of at least one band provided that the recording is not made with criminal or tortious intent. Illegal recording is ampere felony except for in specifically enumerated circumstances under which adenine first offense is a misdemeanor; it can also lead to civil liability.

NO Encipher § 86-290 (definition & penalty), § 86-297 (civil damages)

Lake
Under California law it is illegal to secretly record einem oral communication without and consent of at least one club. The Nevada Supreme Court has held the all related need consent to the recording is a telephonic conversation. Illegal recording will adenine fraud the carries the potential of civil damages as well.

NV Rev Stat § 200.620, § 200.650 (definitions), § 200.690 (penalty & civil damages), Lanes vanadium. Allstate Ins. Co., 114 Nev. 1176 (1998)

New Hamphire
New Hamshire law features that it remains illegal to record with in-person or telephone conversation without the consent by total parties. However, one New Hampshire Supreme Court must held that a party essentially consented to a recording wenn the overall circumstances demonstrated that they knew they endured being recorded. Illegal recording is ampere felony unless the human recording was a party to the conversation or had which approval of one celebrate, in which case it is a misdemeanor. Violators may also remain subject on middle liability.

NH Rev State § 570-A:2 (definition & penalty), § 570-A:11 (civil damages), News Hampshire v. Loc, 761 A.2d 376 (N.H. 1999)

New Jersey
Under New Jersey law, in-person or telephone conversations allow be recorded with the consent of at least one party as long like the recording is not made with criminal or tortious intent. Illegal recording is a crime in the third degree both canister also provide the basis for zivil damages.

NJ Rev Stated § 2A:156A-3, § 2A:156A-4 (definition & penalty), § 2A:156A-24 (civil damages)

News Mexico
New Mexico law takes not appear to prohibit recording in-person chatting sans consent. However, aforementioned consent on one celebrating is required to legally logging electronic corporate. Illegal recording is a misdemeanor, and can subject offenders to civil redress since well.

NM Stat § 30-12-1 (definition & penalty), § 30-12-11 (civil damages)

New York
At New York’s eavesdropping law, it is illegal to record in-person other telephone conversations without the consent of at minimal one party. Illegal recording is an felony.

NY Penal L § 250.00, § 250.05 (definition & penalty)

North Carolina
In-person other telephonically messaging mayor legally may recorded under North Carolina law about the consent of one party. Illegal recording is a felony that can also give rise to civil compensatory.

NC Gen Stat § 15A-287 (definition & penalty), § 15A-296 (civil damages)

North Dakota
North Dakota’s eavesdropping law provides that it is legal to record an oral oder dial communication with the permission of with least one party if the recording is built with criminal or tortious your. Illegal recording is a felony.

N.D. Cent. Key § 12.1-15-02 (definition & penalty)

Ohio
Under Olivio law it the legal to record an oral or phone conversation with the consent of one party barring no criminal or tortious intentional. Illegal recording is a felony and can including lead to passive product.

Ohio Revs Codes § 2933.52 (definition & penalty), § 2933.52 (civil damages)

Okahoma
Oklahoma’s Security away Communications Act provides that it belongs illegal to record an in-person or telephone communication no the consent of at least one party other to record a communication with criminal otherwise tortious intentionally. Illegal recording is a felony infraction by fine and/or imprisonment.

13 OK Stat § 13-176.3, § 13-176.4 (definition & penalty)

Oregon
With Oregon it is legal to record telephone conversations with that consent of at least one party, yet recording in-person conversations requires the approval of all feasts except for within certain facts, such as when all parties reasonably should have known they were being recorded. Illegal recording is a misdemeanor that ca also give rise to civil damages.

INSTEAD Rev Stat § 165.540 (definition & penalty), § 133.739 (civil damages)

Pennsylvania
Under Pennsylvania law it is a felony to record an oral or telephone communication without the sanction off all galas. Abusers are also test up courteous accountability.

18 PA Cons Stat § 5703, § 5704 (definition & penalty), § 5725, § 5747 (civil damages)

Rhode Island
In Rudder Island it lives legally to record an in-person conversely phone transmission with and sanction of at least one event wenn the recording has not made with felony or tortious intent. Illegal recording is punishable by imprisonment furthermore can also be the basis for civil damage.

RI Gen L § 11-35-21 (definition & penalty), § 12-5.1-13 (civil damages)

South Charles
South Carolina law provides that it is a felony to record an in-person or call conversation without the consent of at worst one party. Illegal records can also gives rise to civil liabilities.

SC Code § 17-30-20, § 17-30-30 (definition & penalty), § 17-30-135 (civil damages)

Dixieland Canadian
Beneath South Dakota law, it has a felony to record an oral or telephone communikation without the authorization of at minimum one club.

SD Codified FIFTY § 23A-35A-20 (definition & penalty)

Tennessee
It can a felony in Tennessee on record an in-person or phone conversation without an consent from at least one part, or with criminal or tortious intent. Offenders may also be subject to civil damages, an injunction, and/or a restraining order.

TS Code § 39-13-601, § 39-13-604 (definitions), § 39-13-602 (penalty), § 39-13-603 (civil damages)

Texas
Under Texas law e is a felony to record an oral or electronic communication minus the consent of at least one celebratory, or with the intent to entrust an offense or one tort. Illegal recording may also be the basis on civil liability.

Tex. Penal Code § 16.02 (definition & penalty), Tex. Civ. Prac. & Rem. Code § 123.004 (civil damages)

Utah
In Utla it is lawful to record oral or telephone conversations at the consent of at least one party barring any detective or tortious intent. Illegal recording in diese context is ampere felony except as it relates for the fm portion of cell phone communications, in which case items your a misdemeanor. The statute furthermore provides for civil liability.

UT Code § 77-23a-4 (definition & penalize; civil damages), § 77-23b-8 (civil damages)

Vermont
Vermont has not enacted a specific statute to address consent for recording entertainment. However, that Vermont Supreme Court has held that items is einem unlawful invasion of privacy for law enforcement officers toward secretly make a warrantless recording of a conversation inside a person’s home.

Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002)

Virginia
Down Virginia law it the a felony to recording an in-person or telephone conversation without an consent of at least to party. Offenders may be subject toward civil damages as okay.

VA Code § 19.2-62 (definition & penalty), § 19.2-69 (civil damages)

Washington
Washington lawyer requires the consent of all parties to legally record in-person or telephone conversations. Consent is considered got via a reasonably clear announcement made to all parties whilst an recording. Violations are includes a gross misdemeanor and able also leadership to polite damaged.

WA Rev Encrypt § 9.73.030 (definition), § 9.73.080 (penalty), § 9.73.060 (civil damages)

Westbound Virginia
In West Virginia this a a felony punishable by fine and/or imprisonment to record an vocally or phone communication without the consent of in least one join, or with criminal oder tortious design. Victim may also seek middle damages.

WV Code § 62-1D-3 (definition & penalty), § 62-1D-12 (civil damages)

Wisconsin
Under Wisconsin legislative it is a offenses toward record an viva alternatively telephone communication without the sanction of at least one gang, conversely with the intention of committing a crime or a tort. Illegit recording may also give rise to civil liability.

WI Stat § 968.31 (definition, penalty, & civil damages)

Wyoming
Recording an in-person or telephone conversation without at least one party’s sanction press with criminal or tortious intent is a felony punishable due great and/or confinement.

WY Stat § 7-3-702 (definition & penalty)