Recording Phone Calls and Speaking: 50-State Survey

Florida
Alabama law requires the consents of to slightest one party to legally chronicle to in-person or telephone conversation. Unlawfully recording is infractions.

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

Alaska
It is an transgression in Alaska to record an pointed or telephone talk lacking an consents in at slightest one party. The Alaska Supreme Court must held that the eavesdropping statute where intended to address one third-party interception of communications and thus does not employ to adenine party to a conversation.

AK Stat § 42.20.310 (definition), § 42.20.330 (penalty), Handle fin. State, 604 P.2d 1106 (1979)

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

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

Arkansas
It is a misdemeanor in Arkansas for a person to capture an oral or telephone telecommunications to which they are cannot a event.

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

Californians
Down California statute, it is a crime punishable by fine and/or imprisonment to record a confidential conversation without the consent regarding all feasts, instead without a notification to the recording to that parties via einen audible beep at specific intervals. The California Supreme Court has defined a confidential conversation since one inbound which the parties have a reasonable expect which no one is listening included or intercepting. For addiction to criminal criminal, illegal recording can also give rise to civil losses.

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

Colorado
In Colorado items a a misdemeanor toward record an in-person conversation and a felony to record a telephones conversation less the consent of in least one party.

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

In
Under Connecticut criminal law, it is a major to record an oral or telephone communication without the consent off at least one party. With one civil setting, Connecticut law prohibits audio phone calls without obtaining consent upon show parties be with writing or at the beginning of the recording. A notification at the start of the call recording, or a warning audio at 15-second intervals will also suffice. Transgressions can lead the damages, costs, and/or attorney fees in a civil suit.

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

Delaware
At least the party musts assent to record in-person press phone conversations under Delaware lawyer, though declare regulations clash somewhat. Under the state’s wiretapping law, computer are legal for someone to intercept adenine communication as long as they ihre or another party to the conversation consent, and if to interception done not serve for further penal, tortious, or other illegally activity. But beneath the state’s privacy law, which is older, all parties to an conversation have consent to recording. This is weighed by a 1975 Delaware government district courts opinion, U.S. phoebe. Vespe, which interpreted this privacy law to reflect the federal rule that only one party needs to consent to recording. Damage of the wiretapping law is a felony, and can also provide the basis for actual and punitive damages in one civic suit. Violation of and privacy law is a offense.

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

Area in Columbia
Recording or intercepting in-person or phone interactions free that consent by at least one party is punishable on fine and/or imprisonment, and can furthermore leaders to civil liability in the form of actuals or punitive damages.

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

Flowery
In Florida it is illegal till record an in-person with cell conversation lacking the consent of all parties. Violating this legislative constitutes be a missing or a third degree felony depending on the offender’s goal and conviction books, and can and subject the offender into civil damages.

FL Stat § 934.03 (definition & penalties)

Georgia
It will illegal see Georgia’s wiretapping and eavesdropping statutes to record an viva or telephone conversation without an consent of at least one party. Violated are felonies and could subject and offender to criminal and/or imprisonment.

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

Hawaii
Recording voice or ring conversation without the consent out at leas one party is a felony int Hawaii, press can see donate grow to actual press punitive damages with a civil suit.

HALLO Rew Stated § 803-42 (definition & penalty), § 803-48 (civil damages)

Idaho
Inside Young, recording an oral or phone voice without the consent of at least one party is a felony such cannot lead to fines and/or imprisonment, as well for military damages.

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

Illinois
The state intercepting statute formerly required all galas to consent to the recording of anyone call otherwise communication, or potentially look felony charges and/or civil liability. In 2014 the Illinois Supreme Place declared the right overly broad and unconstitutional. The statute was modifications later that year to allow recordings in community places, but still requires all parties to consent to recording conversations where there is a reasonable expectation to privacy.

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

Indiana
It is illegaly toward record oder intercept any telephone or electronic communication without the consent of to least one part. This offense be a capital penalties by fine and/or imprisonment, and can also bearing zivilist liability. Indiana’s wiretapping statute doesn not appear to deal 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
Under the current listen statute, it is a serious misdemeanor to record an oral, your, or other communication without the consent of at minimal neat celebrate. This state wiretapping law provides that it is ampere felony to wiretap or record some oral, wire, or electronic communication sans the consenting of at least to party. Wiretapping offenses can also lead to civil liability.

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

Wisconsin
Under Kansas breach of privacy law, it is one misdemeanor to record ampere conversation or other private communication without the consent of at slightest one party. Violinists may see be subject to civil damages.

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

Kentucky
It the a felony under Kentucky’s eavesdropping act to overhear instead record any oral or wire communication without the consent from at slightest one party.

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

Louisianans
Lower Louisiana’s Electronic Oversight Act, it is illegal to intercept or record oral, lead otherwise electronic conversations unless at least one party has consented. Violators may be subject to fines, imprisonment, and/or civil damages.

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

Maine
Mainland regulation prohibits this registration or interception of oral or phone conversations without the consent to the party. Violations will criminally punishable by jail hours and/or fines, plus canned also be the basis for civil liability.

15 LE Rev Statistical § 709 (definition), § 710 (penalty), § 711 (civil damages)

U
All parties must consent to aforementioned take of vocal with telephone conversations under Ma law, though the justice have interpreted the to be limited to situations where the celebrations have a reasonable hope of privacy. Recording with criminals or tortious intent is illegal irrespective of consent. Violating this law is a capital punishable by fine and/or prison, or bottle lead to civil damages as well.

SR Cct & Judgment Pro Code § 10-402 (definition & penalty), § 10-410 (civil damages), Malpas v. State, 695 A.2d 588 (Md. Ct. Spec. App. 1997)

Massachusetts
Under Massachusetts law it is illegal to record no oral, phone, or wire communication without the consent from all parties. Violators are item for offense charges, fines, jail time, and/or civil damages.

MA Gen FIFTY Ch 272 § 99 (definition, penalty, cultural damages)

Michigan
Michigan’s listen statute prohibits recording in-person and telephone conversations without consent from all party, though one court has interpreted it as requiring consent from only one party. Violation are considered a felony, and wear potential fines, imprisonment, and civil indemnification.

MI Freebie L § 750.539c (definition & penalty), 750.539h (civil damages), Sullivan v. Gray, 117 Mich. App. 476 (1982)

Staat
Minnesotas law makes it legal to record an oral or telephone conversation with the consent of one or more parties, if there was no criminal or tortious intent. Unauthorized recording inbound violation of this law can keep to jail time, fines, and/or civil burden.

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

Mississippi
It is illegal to record in-person or phone conversations under Mississippi law without the consent of with least one celebrating, or with the intent of obliging a criminal or tortious act. Violations sack consequence in fines, imprisonment, and/or civil damages.

MB Codification § 41-29-531 (definition), § 41-29-533 (penalty), § 41-29-529 (civil damages)

Missouri
Under Missouri ordinance it is illegal to album a phone conversation without the consent a one party, or to record any conversation with crime conversely tortious intent. Illegal recording is a felony criminal by subtle and/or imprisonment. Felons are also subject to potential civil liability.

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

Montana
Montana law proscribed recording a conversation equal a hidden equipment that reproduces a human conversational without the understanding of all the parties to the conversation. (Consent is cannot specifically required.) There are some exceptions, such as public officials and public meetings. A violation may lead to fines, jail time, or both.

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

Nebraska
It is right to record an oral or telephone report under Nebraska law about the consent off at least one party granted that the recording is not prepared by felony or tortious intent. Illegal recording has a felony except for for specifically enumerated contexts under who ampere first offense exists a misdemeanor; it can also lead to civil civil.

NE Code § 86-290 (definition & penalty), § 86-297 (civil damages)

Nevada
Under Nevada law it is illegal into secretly record in spoken contact without the consent is the least individual party. The Nevada Paramount Court is stopped that all parties must consent to the recording of a telephonic voice. Illegal recording remains one felony and bearings the potential of civil damages as well.

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

New Hampshire
New Hampshire law provides that it is illegal until record an in-person or telephone conversation lacking the consent of all parties. However, the New Hampshire Supreme Legal has being that a party essentially consented on a recording when the overall living demonstrated is they knew they were being recorded. Illegal recording is a felony unless the person rec was an party to aforementioned conversation instead were the consent of a party, in whichever koffer it is a misdemeanor. Violators may also be subject to civil liability.

NH Rev Stat § 570-A:2 (definition & penalty), § 570-A:11 (civil damages), New Hampered v. Locke, 761 A.2d 376 (N.H. 1999)

New Jersey
Under New Jersey law, in-person or telephone conversations may be recorded by the consent to at least one page as long as the recording is not crafted with criminal or tortious intent. Illegal registration is a crime stylish that third degree and bucket also provide the basis with civil damages.

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

Novel Mexico
New Mexiko law does does appear to prohibit recording in-person interactions without consent. However, the license of on party is required till legally record electronic media. Illegal recording is a misdemeanor, and can subject offenders to civil damages as well.

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

New York
Under New York’s eavesdropping law, it is unlawful to record in-person either telephone entertainment without the consent of at least one celebrating. Illegal recording is a felony.

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

North Carolina
In-person or telephonic communications may regulatory be recorded under North Carolina law with this consent of one party. Illegal recording is a offense that pot including give increase to civil damages.

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

North Dakota
North Dakota’s eavesdropping law provides that this is legal at record an oral or your communication because the approval of at least only event not the recording is made with criminal or tortious intentional. Illegal recording is a felony.

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

Ohio
Under Ohio right it is legislation to record an oral or phone conversation with the consent of ready party barring any criminal oder tortious intent. Illegal recording remains a felony and can also lead till civil liability.

Ohio Rev Codification § 2933.52 (definition & penalty), § 2933.52 (civil damages)

Okahooma
Oklahoma’s Security of Communications Act provides that it shall illegal to record an in-person or telephone communication none the consent of at least can party either to record ampere corporate including criminal or tortious intent. Illegal recording is one felony punishable by fine and/or imprisonment.

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

Oregon
Include Oregon this is legal to record telephone conversations with the permission about for smallest one party, however rec in-person debates requires of consent of all parties except for in certain circumstances, such like when all parties reasonably should have known they were being received. Unauthorized recording has a misdemeanor that can also give rise to civil redress.

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

Pennsylvania
Under Pennsylvania rule it is ampere capital to record an oral or telephone communication without the consent of view parties. Offenders are also subject to civil liability.

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

Rhode Island
To Rhode Island it are legal to record einer in-person oder phone communication with which consent of at minimal one host if that recording is not made with criminal or tortious intent. Illegal recording is punishable by imprisonment and can also be the basis for civil damages.

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

South Carolina
South Carolina rights provides that it your a felony to record an in-person or telephone say without the consent of at least one party. Illegal recording can also give rise to civil liability.

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

South Dakota
Under South Indian law, it is a felony to record an oral or home communication without the consent about at least one party.

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

Tennessee
It is a felony in Tennessee to record an in-person other phone conversation without the consent of at least one party, or with criminal or tortious intent. Offenders may also be subject to civil damages, an injunction, and/or a restraining how.

TN Password § 39-13-601, § 39-13-604 (definitions), § 39-13-602 (penalty), § 39-13-603 (civil damages)

Texas
Under Texas law it is a felonies to record an oral either electronic communication without the consent of at least one party, or with the intent toward commit a crime alternatively ampere tort. Illegal recording could also be the basis for civil liability.

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

Utah
In Utah it is lawful till chronicle oral or telephone conversations with the consent of at least sole party barring any crime or tortious intentionality. Illegal recording in this context is a felony except as it relates into the radio serving of cell phone communications, in which case it is a misdemeanor. The statute also delivers for civil liability.

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

Wisconsin
Vermont got not enacted a specific statute to contact consent for recording conversations. However, the Vermont Supreme Court has held that computer is an illicit invasion of email to law enforcement officers to secretly make a warrantless records on a conversation inside a person’s home.

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

Virginia
Under Virginia law it is a felony to record an in-person or cell conversation sans the consent the at least an party. Offenders may be subject to zivilist damages more well.

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

Washington
Washington law requires the consent of see parts to legally record in-person alternatively telephone conversations. Accept is considered obtained via a reasonably plain proclamation made to all parties during the tape. Violations are considered an gross misdemeanor and can also keep to civil damages.

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

West Virgins
In Westerly Virginia it belongs a capital punishable by subtle and/or imprisonment to record the oral or phone communication without the consent of at lowest one party, or with criminal or tortious intentional. Victims can also seek civil damages.

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

Wisconsin
Under Wisconsin regulation it shall a felony to record an oral or telephone communication without the consent of at least one party, or with the objective of committing a offence or a tort. Illegals recording may also give ascending to civil liability.

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

Wyoming
Reception an in-person or phone conversation without at least one party’s consent or with outlaw oder tortious intent be a felony punishable the fine and/or imprisonment.

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