Audio Recording Laws

Recording phone calls and conversations can be a great way to prove something you have been unable to prove by other means. However, depending on where you live in the United States, you can end up getting the information you need along with a ticket to your local jail. So how can you know where you can record audio and where you cannot record audio in the United States? The handy list below will help you with that. The list provides useful information on which states allow audio recordings and who has to consent to the recordings for them to be deemed legal.


Just so we are clear, recordings only get you into trouble if someone finds out about them. If you are trying to find out information to clarify a course of action for yourself, you might find recording someone works for you. If, however, you get caught by the person you are taping, you could end up in jail. Please keep that in mind.

STATE	LAW
Alabama	One Party Consent Law Alabama statute defines eavesdropping as to “overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication.”
Alaska	One Party Consent Law Alaska law prohibits the use of an electronic device to hear or records private conversations with the consent of at least one party to the conversation. Alaska’s highest court has held that the eavesdropping statute was intended to prohibit third party inception of communications only; does not apply to participants in a conversation.
Arizona	One Party Consent Law Arizona makes it a crime to intercept a "wire or electronic communication" or a "conversation or discussion" unless you are a party to the communication, present during the conversation or discussion, or one party to the communication or conversation consents.
Arkansas	One Party Consent Law An individual must have the consent of at least one party to a conversation, whether it is in person or electronic.
California	Two Party Consent Law California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation.
Colorado	One Party Consent Law An individual not involved in or present during a communication must have the consent of at least one party to record an electronic or oral communication.
Connecticut	One Party Consent Law Connecticut requires that at least one party must consent to the recording of an in-person communication and all parties must consent to the recording of a telephonic conversation. The consent should be given prior to the communication and should contain a verbal or written warning that said communication is going to be recorded.
Delaware	Two Party Consent Law There is some conflict in Delaware laws as to if one or all parties must consent to the recording of conversations. State privacy laws state that all parties must consent to the recording of oral or electronic conversations. U.S. v. Vespe holds that even under the privacy laws, an individual has the right to record their own conversations.
Florida	Two Party Consent Law Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent.
Georgia	One Party Consent Law Georgia makes it a crime to secretly record a phone call or in-person conversation "originating in any private place" unless one party to the conversation consents.
Hawaii	One Party Consent Law An individual has the right to record or disclose the contents of an electronic, oral or wire communication that they are a party to or if one of the parties has given prior consent to the recording of said communications.
Idaho	One Party Consent Law An individual has the right to record or disclose the contents of an electronic, oral or wire communication that they are a party to or if one of the parties has given prior consent to the recording of said communications.
Illinois	Two Party Consent Law All parties must consent to the recording of telephonic, electronic or in person oral conversation. Illinois courts have ruled that "eavesdropping" only applies to conversations that the party otherwise would not have been able to hear, thereby effectively making it a one-party consent state. However, there still appears to be confusion and debate over the law.
Indiana	One Party Consent Law Indiana makes it a crime to record a telephone conversation unless one party to the conversation consents.
Iowa	One Party Consent Law An individual has the right to record or disclose the contents of an oral, electronic or telephonic communication that they are a party to or if one of the parties has given prior consent to the recording of said communications.
Kansas	One Party Consent Law Kansas law bars the interception, recording and or disclosure of any oral or telephonic communication by the means of an electronic recording device without the consent of at least one party or if they are a party to said communication.
Kentucky	One Party Consent Law Kentucky law bars the interception, recording and or disclosure of any oral or telephonic communication by the means of an electronic recording device without the consent of at least one party or if they are a party to said communication.
Louisiana	One Party Consent Law The Electric Surveillance Act bars the inception, recording or disclosure of and oral or telephonic communication by the means of an electronic recording device without the consent of at least one party or if they are a party to said communication.
Maine	One Party Consent Law Maine law bars the interception, recording and or disclosure of any oral or telephonic communication by the means of an electronic recording device without the consent of at least one party or if they are a party to said communication.
Maryland	Two Party Consent Law The Wiretapping and Electronic Surveillance Act holds that it is unlawful to take or record a communication without the consent of all parties.
Massachusetts	Two Party Consent Law Massachusetts makes it a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium.
Michigan	All Party Consent Law Michigan law makes it a crime to "use any device to eavesdrop on a conversation without the consent of all parties."  However, one Michigan Court has ruled that a participant in a private conversation may record it without violating the statute because the statutory term "eavesdrop" refers only to overhearing or recording the private conversations of others.
Minnesota	One Party Consent Law An individual has the right to record or disclose the contents of an oral, electronic or telephonic communication that they are a party to or if one of the parties has given prior consent to the recording of said communications.
Mississippi	One Party Consent Law An individual has the right to record or disclose the contents of an oral, telephonic, or other communication that they are a party to or if one of the parties has given prior consent to the recording of said communications.
Missouri	One Party Consent Law Missouri makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents.
Montana	Two Party Consent Law It is unlawful to record an in person or electronic communication without the consent of all parties except under certain circumstances namely elected or appointed public officials or public employees when the recording occurs in the performance of an official duty; individuals speaking at public meetings; and individuals given warning of or consenting to the recording.
Nebraska	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act. It is also lawful for an individual to record electronic communications that are accessible to the general public.
Nevada	All Party Consent Law It is unlawful to surreptitiously record any private in-person communication without the consent of one of the parties to the conversation. The consent of all parties is required to record or disclose the content of a telephonic communication. The Nevada Supreme Court held in Lane v. Allstate that an individual must have the consent of all parties in order to lawful record a telephonic communication even if they are a party to said communication.
New Hampshire	All Party Consent Law It is unlawful to record or disclose the contents of any electronic or in-person communication with out the consent of all parties. The New Hampshire Supreme Court held that an individual efficaciously consented to the recording of a communication when surrounding circumstances demonstrate that they knew said communication was being recorded.
New Jersey	One Party Consent Law New Jersey makes it a crime to intercept or record an in-person or telephone conversation unless one party to the conversation consents.
New Mexico	One Party Consent Law The reading, interrupting, taking or copying of any message, communication or report is unlawful without the consent of one of the parties to said communication.
New York	One Party Consent Law New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents.
North Carolina	One Party Consent Law North Carolina makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents.
North Dakota	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act.
Ohio	One Party Consent Law Ohio law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents.
Oklahoma	One Party Consent Law Pursuant to the Security of Communications Act, it is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act.
Oregon	Two Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an electronic communication to record or disclose the contents of said communication. It is unlawful to record an in-person communication without the consent of all parties involved.
Pennsylvania	Two Party Consent Law Pennsylvania makes it a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent.
Rhode Island	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act. An individual may also disclose the content of any electronic or in-person communication that is common knowledge or public information.
South Carolina	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication.
South Dakota	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication.
Tennessee	One Party Consent Law Tennessee makes it a crime to intentionally intercept any wire, oral or "electronic communication" to overhear or record a phone call or conversation unless one party consents to the conversation.
Texas	One Party Consent Law Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents.
Utah	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act. An individual may also disclose the content of any electronic communication that is readily accessible to the general public.
Vermont	No Statute In Place
Virginia	One Party Consent Law Virginia makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents.
Washington	Two Party Consent Law Washington makes it a crime to intercept or record a private telephone call, in-person conversation, or electronic communication unless all parties to the communication consent.
West Virginia	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act.
Wisconsin	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act. **Evidence obtained as the result of the recording a communication is “totally inadmissible” in civil cases, except when the party is informed that the conversation is being recorded and that evidence from said recording may be used in a court of law.
Wyoming	One Party Consent Law It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act.
Washington, D.C.	One Party Consent Law Arizona makes it a crime to intercept a "wire or electronic communication" or a "conversation or discussion" unless you are a party to the communication, present during the conversation or discussion, or one party to the communication or conversation consents.