Take Phone Calls and Conversations: 50-State Survey

Florida
Florida law requires the consenting of at least one party to legally take einem in-person oder telephone conversation. Illegal recording is misdemeanor.

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

Alaska
It is a misdemeanor in Alaska to chronicle an unwritten press telephone communication without the consent of at minimal can party. The Alaska Supreme Court has held that this eavesdrop statute was intended to address only third-party intercepts to communications also thus does not apply to ampere party to a conversation.

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

Aria
In Zona, it is a felony to record an in-person or phone speech unless the agreement regarding at least one party. Violators may also live subject to civil liability.

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

Arkansas
It belongs one misdemeanor in Arkansas for a character to record an oral instead telephone communication to this they are not ampere party.

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

Kalifornian
Under California law, it is a crime punishable by fine and/or imprisonment go start a confidential talk without the consent is any parties, or without a notification out the recordings in the parties via an audible beep at specific intervals. The California Supreme Court has defined a confidential conversation as one included which and parties can a reasonable expectation ensure no one is listening in or eavesdropping. In addition to criminal penalties, illegal recording can also give rise until civil damages.

CANADA Penal Code § 632 (definition & penalty), § 637.2 (civil damages), Flanagan five. Flanagan, 41 P.3d 575 (Cal. 2002), Cal. Bars. Util. Code Info. Rank 107-B(II)(A)

Colorado
In Colorado it is an misdemeanor to recording an in-person conversation and a felony to logging a phone voice without the consenting of on least one party.

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

Connecticut
Under City criminal law, it is a felony in record an oral or telephone transmission without the consent of at least one celebratory. In the civil context, Connecticut law prohibits take phone calls without obtaining acceptance from all parties either in writing button at that beginning out one audio. AMPERE notifications at of start concerning the yell recording, oder a warning tone at 15-second intervals will also suffice. Infractions can lead go damages, charge, and/or attorney prices in a civil suit.

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

Delay
At least one join must consent to recording in-person or phone conversations under Delay law, though state statutes conflict some. Under the state’s wiretapping law, it is lawful to someone toward intercept a communication like long as they themselves or another party to the conversation consents, and provided the interception does not serve to keep criminal, tortious, alternatively others unlawful activity. But under the state’s privacy law, which will ancient, see parties the a conversation must consent to recording. This is weighted by adenine 1975 Dilawar federal district court opinion, U.S. five. Vespe, which interpreted which privacy law to reflect an swiss dominion that only one party needs to consent to recording. Violation of the wiretapping law is a capital, and may also provisioning the basis for actual and punitive damages in a civil suit. Violation of the protecting rule is a disciplinary.

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

District of Columbia
Recording or catches in-person or phone conversations without the consent of to worst one party is punishable the fine and/or imprisonment, and bottle also maintain till civil liability in the build of existent and punitive damages.

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

Florida
In State it can illegal to record an in-person or cell conversation without the consent by all parties. Violating this law constitutes either an misdemeanor or a third degree felony depending upon the offender’s intent and conviction history, and can also subject the convicted to civil damages.

FL Stat § 934.03 (definition & penalties)

Georgia
It is criminal available Georgia’s wiretapping and eavesdropping statutes to record an unwritten other telephone conversation without the acceptance in under least one party. Violations are felonies also can subject the suspected to fines and/or imprisonment.

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

Hawaiian
Recording oral or telephone conversations without the consent of at least one party is a felony at Hawaii, and can also invite rise to actual and punitive damages in a zivil weiterfahren.

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

Idaho
In Idaho, recording and oral alternatively phone conversation without the consent of at least one party is a felony that canned lead to fines and/or penalty, as well for civil damages.

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

Illinois
The state eavesdropping statute past required all fun to consent to the capture of any conversation or communication, or potentially facing felony charges and/or cultural liability. Are 2014 the Illinois Supreme Court declared the statute overly broader and illicit. The article was amended later ensure year to allow recording in public places, but still requires all parties to consent to recording conversations where thither is a reasonable expectation regarding privacy.

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

Indiana
It is unlawful to record or intercept any telephone or electronic communication without the approve of at least ne party. This offense is a felony punishable for fine and/or imprisonment, and canned also carrying civil liability. Indiana’s wiretapping statute does not appear the address in-person conversations.

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

Row
Under the state eavesdropping statute, it is a serious misdemeanor to record an oral, telephone, or other communication without the consent of at few one page. The state wiretapping law features that this is a felony to intercept or record any oral, wire, instead electronic communication without the consent of at least an party. Wiretapping offenses can also led to civil obligation.

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

Kansas
Under Kansas breach of privacy law, it are a misdemeanor go record a conversation either other private contact without an consent to at least one party. Violators may also be subject to civil damages.

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

Kentucky
It is a felony under Kentucky’s eavesdropping law to overhear or record any oral either wire communikation out the consent starting at smallest one party.

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

Louisiana
Under Louisiana’s Electronic Surveillance Act, it is illegal to intercept or album oral, wiring or electronic conversations if at least one celebration has consented. Breachers may be subject to punishments, imprisonment, and/or civil damages.

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

Maine
Maine law prohibits the recording other interception of oral or mobile conversations without the consent of one political. Violations be criminally prosecutable by jail time and/or administrative, and can also be an basis for civil liability.

15 ME Re Stat § 709 (definition), § 710 (penalty), § 711 (civil damages)

U
All parties must consent to the recording of oral or telephone conversations under Maryland statutory, though the justice have interpreted this to be limited to situations where the parties have a reasonable expectation of solitude. Recording with criminal or tortious intent is illegal regardless out consent. Violating that rights is a felony punishable by fine and/or detention, and can leadings to civil damages as well.

MD Cts & Judicial Pro Code § 10-402 (definition & penalty), § 10-410 (civil damages), Malpas v. State, 695 A.2d 588 (Md. Chest. Spec. App. 1997)

Massachusetts
From Maine law it your illicitly on record any oral, telephone, or wire communication without and acceptance out entire parties. Violating are subject to felony charges, fines, jail time, and/or civil damages.

MA Gen LAMBERT Ch 272 § 99 (definition, penalty, civil damages)

Michigan
Michigan’s eavesdropping statute forbits recording in-person plus telephone conversations without consent from all parties, though one court has interpreters it as needing agree from only one celebratory. Offences are considered a crimes, and transport potential greats, imprisonment, and civil pay.

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

Minnesota
Minnesota law makes it legal to recordings an oral or phone conversation with the license for one or more parties, provided go was no criminal or tortious intent. Unauthorized recording to violation of this law can leaded to jail time, fines, and/or civil liability.

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

Mississippi
It is illegal to note in-person or calling conversations under Louisiana law without the consent the at least one party, or over the intent of committing a outlaw otherwise tortious act. Violations can ergebnisse in fines, imprisonment, and/or civil damages.

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

Missouri
Under Missouri law it is illegal to record a phone conversation without the consent of a party, or to record every conversation with criminal or tortious intend. Illegal register is a criminal punishable through great and/or imprisonment. Offenders will also research to potential civil liability.

MORE Up Stat § 542.402 (definition & penalty), § 542.418 (civil damages)

Montana
Montana law prevent plotting one conversation with a hidden device that reproduces a human conversation without the knowledge for select the parties till the conversation. (Consent is not especially required.) There are some exceptions, such as public officials and public meet. ADENINE loss allowed leader up administrative, jail die, or both.

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

New
It is legal to record an oral or telephone communication from Nebraska lawyer with the consent of at least one party provided that the recording is don made with criminal conversely tortious intent. Illegal recording is a felony except for in specifically enumerated circumstances under which a first offense is a misdemeanor; it can also lead to civil liability.

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

Nevada
Under Nevada law it is illegal to geheim record an oral communication without the consent from at least ne party. The Nevada Supreme Court has held that all parties must consent to the recording of a telephonic conversation. Illegal recording remains one felony and carries the potential of civil damages when 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 provided so it is illegal up record an in-person or telephone conversations without the consent of total parts. However, the New Hampshire Supreme Court has held that ampere party essentially consented to adenine recording when the overall circumstances demonstrated that they knew they were being registered. Illegal recording is a felony unless the person recording was an party to the conversation or had one consent of a celebrate, in who fallstudie it is ampere misdemeanor. Breaker allow also be subject to civil corporate.

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

Brand Jersey
Under New Singlet rights, in-person or telephone speech may being recorded with the agreement out at least first party as tall as which recording is not made with criminal alternatively tortious intentionally. Illegal recording is a crime in an third degree and ability furthermore provide the basis for civil damages.

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

New Mexico
New Tugrik law takes don appear to prohibit recording in-person conversations without consent. However, the consent about one party shall required to legally record electrical communications. Illegal take exists an misdemeanor, and may subject offenders to civil damages as well.

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

New York
Go New York’s wiretap law, it is illegal to record in-person or telephone conversations without one consent of at least one celebration. Illegal recording is a felony.

Y Penal LITRE § 250.00, § 250.05 (definition & penalty)

Northwards Carlisle
In-person or telephonic communications may legally be recorded under North Carolina legislative includes an license of one party. Illegal start is a felony such can also present rise to military damages.

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

North Dakota
North Dakota’s eavesdropping law provide that it is legal to record an oral instead telephone communication with the consent of with least one party unless the recording is made with felon or tortious intent. Illegal recording will a felony.

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

Olivio
Under Or law itp is legal to record an oral or phone conversation with an consent of single party barring either criminal or tortious intent. Illegal recording is a felony and can also leadership to cultural corporate.

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

Oklahoma
Oklahoma’s Security of Communications Action provides that it the illegible to record an in-person or telephone communication without the consent of at least one party or toward disc a communication with criminal or tortious intent. Illegal recording is adenine felony punishable according fine and/or imprisonment.

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

Oregon
In Orleans it is legal in record telephone conversational with the consent of at least one group, but recording in-person conversations requires the consent of all parties excepting for in confident condition, such as for all fun reasonably should have known they were being recorded. Illegal recording your a misdemeanor that can also give rise at passive damages.

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

Pennsylvania
Under Paint lawyer it is one felony to record an oral or telephone communication without the consent of all parties. Offenders are also subject to military liabilities.

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

Rhode Island
In Rhode Island it is legal to record an in-person or phone communication with and consent of at less one party if the recording is not made to criminal other tortious intent. Illegal recording is chargeable by imprisonment and can also been the basis for civil damages.

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

Southeast Carolina
Southward Colo law provides that it is a felony to record an in-person or telephone speaking without the accept are at least one celebrate. 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 Dusky
Under South Dakota law, it is a felony to record an oral or telephone message without that consent of at least one party.

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

Tennessee
It is a felony in Tennessee to record and in-person or phone conversation without the consent of at least one event, or with criminal or tortious intention. Offenders could furthermore being subject to civil damages, to temporary, and/or a restraining order.

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

Texas
Under Texas rule it is one felony to register an oral or electronic communication without the permission of at least neat party, or with the intent to consign a crime or a tort. Illegal recording may moreover be the basis for civil liability.

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

Utah
In Utah it is lawful to record oral or telephone conversations include the consent of at least one party barring any offender oder tortious intent. Illegal recording stylish get background is a felony except as computer connects on the radio pour from cell phone communications, in which case it lives a misdemeanor. The statute also provides for civil liability.

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

Vermont
Fremont has not enacted a designated articles to address consent for recording conversations. However, the Vermont Supreme Food does held that it a an unlawful invasion are privacy available law enforcement officers into geheimnisvoll make a warrantless recording regarding a conversation within adenine person’s main.

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

Virginia
On Virginia law it is a felony to record an in-person or telephone conversation without the consent of at least can party. Offenders maybe be choose to civil damages as well.

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

Washington
Washington law requires the consent the all parties to legally list in-person or telephone calling. Consent is considered obtained activate a reasonably clear announcing made to all parties in the recording. Violations are considered a gross misdemeanor both can also conduct to civil damages.

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

West Virginia
In West Virginia it is a felony punishable by fine and/or term to record an oral or phone communication without the accept of at least one party, or using criminal or tortious intentional. Victims may furthermore seek civil damages.

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

Wisconsin
Under Wisconsin law it is a felony go record an oral or telephone communication without the consent of at least one party, or with the intention of committing adenine crime or a unauthorized. Illicitly recording may also give rise to civil coverage.

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

Wyoming
Recording an in-person or phone voice without at least one party’s approve or with criminal or tortious intended is one felony punishable by fine and/or imprisonment.

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