Audio Recording Laws by State
The law on recording conversations can be confusing. Many people have run into trouble if they didn’t disclose their intention to record or get consent from all parties involved. Big companies like Wells Fargo have been slapped with lawsuits for breaking the law.
In Oregon and Washington, it is a felony to record wire, oral, or electronic communications without at least one party’s consent. This can lead to fines, jail time, and civil damage charges.
Alabama is a one-party consent state, meaning that it’s legal to record a conversation if the person being recorded agrees to it. However, it’s important to note that this law doesn’t cover private conversations held on private property.
Covertly recording someone without their consent can lead to criminal penalties. It’s important to understand these laws in order to stay safe and avoid legal complications.
In Alaska, it is a misdemeanor to record any conversation without the express consent of one or more participants. It is also illegal to disclose or publish the recorded information.
The state nicknamed the “Last Frontier” is known for its unexplored wilderness and ice glaciers. It is also famous for national parks, wildlife, tour cruises and the midnight sun. Security cameras with audio are required in cannabis retail establishments.
In Arizona, you need one-party consent to record in-person or phone conversations. It’s also illegal to record someone without their consent in places where they have a reasonable expectation of privacy. Anyone caught violating this law can be charged with a felony.
Violations of this law can lead to imprisonment and fines. In addition, anyone whose recordings are distributed can bring civil suits to recover damages.
In Arkansas, it is illegal to record conversations without the consent of one or more parties. This includes audio and video recordings. Violators may face civil liability.
However, the state’s attorney general opinions support citizens and media members’ right to record public hearings. Public bodies can only regulate recording if it is disruptive to the proceedings. The state also has a privacy law that prohibits secretly recording private conversations.
In California, unauthorized audio recording (also called eavesdropping) is a crime under Penal Code 632. The law applies to conversations occurring in private places and during government proceedings but excludes private communications on cellular or cordless phones.
In addition, all parties must agree to record the conversation. Implied consent is generally accepted but not the same as express consent. This includes when one party reasonably believes the other party knows they are being recorded.
Recording conversations in Colorado is legal as long as all parties know they are being recorded. If you secretly record a conversation where the other party does not know it is happening, it is illegal under state law.
However, news organizations are exempt from eavesdropping laws and can record conversations in public places. If a police officer interferes with the right to record or damages or destroys your recording device, you can file a civil lawsuit against them.
Connecticut is a two-party consent state and as such, both parties must consent to recording a conversation. Recording in public without consent is a crime (Wiretapping/Mechanical Overhearing) under Connecticut law.
It is also against the law to possess or disclose recordings that were illegally recorded in a private place. Violation of these laws may lead to civil and criminal penalties.
Delaware is a one-party consent state that requires the knowledge of all parties to record in-person or telephone conversations. It is a felony to violate this law.
It is also illegal in Maine to record a wire, oral, or other conversation without consent. Violators may face fines, jail time, or civil damages. Unlike many states, New York does not require two-party consent for recording conversations.
District of Columbia
Federal law requires one-party consent for the recording of conversations or phone calls. Utah and West Virginia allow an individual to record a conversation if they are a participant or have consent from one of the participants.
Other states require two-party consent for recordings to be legal. California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, and Pennsylvania all have laws that require both parties to consent.
Georgia is famous for folk art, Southern literature and fashion, but it also has a lot to offer in terms of culture and commerce. It’s home to the world’s busiest airport and many major brands and corporations.
In the state of Georgia, it is legal to record a conversation as long as one party knows that they are being recorded. However, trespassing on private property in order to eavesdrop or spy is illegal.