- What is two-party consent status? (Consent of all parties)
- Get consent for recorded conversations
- All parties consent status table (continued)
Technology has made it easier than ever to shoot someone, but while it can be simple... it's not always nice. In the United States, there are 13 states that have some form of codified all-party consent law, however, 3 of those states also have some situations where one-party consent applies.
go to a tableAll parties consent states.
What is two-party consent status? (Consent of all parties)
In two-party (or all-party) consent states, state law requires that all parties to a conversation have consented to that conversation being recorded when privacy is expected. This law covers both private and public places, if there is an expectation of privacy, consent must be given. Generally, a video can be recorded in public places with the proviso that your video does not record the audio or the subject of the conversation and that people are talking in a public place. Check each state's registration laws for more information.
Note: if someone is listing your property without your permission, it's usually more effectiveaccuse them of trespassinginstead of discussing the legality of the recording.
Two-Party Consent Status List (All-Party Consent)
RecordingLaw.com prefers to be cautious with some of the situations marked with * as they have specific provisions that may be interpreted differently on a case-by-case basis.
- *Connecticut registration laws
- California Audio and Video Recording Laws
- Delaware Registration Laws
- Florida registration laws
- Illinois registration laws
- Maryland Recording Laws
- Massachusetts Recording Laws
- Michigan Recording Laws*
- Montana recording laws
- New Hampshire Recording Laws
- Oregon Registration Laws*
- Pennsylvania Recording Laws
- Washington Recording Laws
Be sure to read the status rules, for a brief summary see the box below, for a more detailed breakdown click on that page.
our recommendationDigital voice recorder.
Click to read more aboutconsent states of one of the parties
Get consent for recorded conversations
If you are a third party and need the consent of the parties involved in the conversation, the Federal Communications Commission (FCC) states that you may obtain their consent to record from:
- Obtain oral or written consent prior to recording.
- A spoken notification that plays before the conversation starts. (For example: "This phone call is being recorded for quality control purposes...").
- An audible beep that repeats at fixed intervals during a conversation.
Two-part consensus status table
| illness | simple terms | lei |
|---|---|---|
| *Connecticut registration laws | Connecticut can be considered both a one-party state and a two-party state. This is because there are different laws for personal conversations and telephone conversations. Read on for more information. | Conn. Gen. Stat. § 53a-187(a)(2), Conn. Gen. Stat. § 52-570d(a) C.G.S.A. § 52-570δ |
| California registration laws | It is a crime to use any device to record communications, whether wired, oral or electronic, without the consent of everyone involved in the communication. This means that in California, you are not legally allowed to record a conversation you are in unless all parties agree. However, an exception allows the recording of a conversation that takes place in public, as part of government proceedings, or in circumstances where someone could be easily overheard is not punishable under California wiretapping law. California. Penal Code § 632. California also has unique laws regarding the entertainment industry and paparazzi. | California. Penal Code § 632, Cal. Civil Code § 1708.8, Cal. Veh. Code § 40008, v. Kearney. Solomon Smith Barney Inc, |
| Delaware Registration Laws | It is an offense to use any device to record communications, wired, spoken or electronic, without the consent of all parties involved in the communication. This means that in Delaware you are not legally allowed to record a conversation you are in unless all parties agree. Code Ie. blow. 11, § 1335(a)(4). Additionally, Delaware has a law that prohibits anyone from trespassing on private property to spy or perform any other form of surveillance. Code Ie. blow. 11, § 1335(a)(1). | Code Ie. blow 11, § 1335(a)(4), Del. Code Ana. soprar. 11, § 1335(a)(1), United States v. scooter |
| Florida registration laws | It is a crime to use any device to record communications, whether wired, oral or electronic, without the consent of everyone involved in the communication. State of Florida § 934.03(2)(d). This means that in Florida, you are not legally allowed to record a conversation you are in unless all parties agree. | State of Florida §934.03(2)(d) |
| Illinois registration laws | In Illinois, it is a crime to use any device to record communications, wired, spoken or electronic, without the consent of all parties involved in the communication. 720 patients. Statistics collected. 5/14-2(a)(1). This means that in Illinois, you are not legally allowed to record a conversation you are in unless all parties agree to do so. While consent of all parties does not apply to officers carrying out their official duties, there are severe penalties. applies to any person arrested for recording police activities in public. 720 patients. Syntax Stat. 5/14-3(g). In December 2014, the bylaws were amended to allow the recording of conversations in areas where there is no reasonable expectation of privacy. | 720 patients. Statistics collected. 5/14-2(a)(1), 720 III. Statistics collected. 5/14-3(g), |
| Maryland Sexting Leis | Maryland's wiretapping and electronic surveillance law states that it is a two-party consent state. In this situation, it is a crime to record a conversation without the consent of all parties involved. Maryland Code Ann., Cts. and Judas. proc. §10-402. | Maryland Code Ann., Cts. e Jud. proc. § 10-402 |
| Massachusetts Recording Laws | Massachusetts recording law states that this is a two-party consent state. In Massachusetts, it is a crime to use any device to record and/or transmit communications, whether wired, oral or electronic, without the consent of all parties involved. Ana Mass. Laws, chapter 272, §99(C). | Mass Ana. Read chap. 272, § 99(B), Mass. Ana. Read chap. 272, §99(C) |
All parties consent status table (continued)
| illness | simple terms | lei |
|---|---|---|
| Michigan Recording Laws* | On the surface, Michigan appears to be a state of consent of all parties, but previously a Michigan court held that the definition of the word "wiretapping" inherently refers only to listening to or recording private conversations (eavesdropping). | Comp. das Leis de Michigan § 750.539c, Sullivan v. Gray (1982) |
| Montana recording laws | Montana's recording law states that it is a two-party consent state, except in certain special situations. In Montana, it is generally a crime to use a concealed device to record oral or electronic communications without the consent of all participants. Mount Code Ana. § 45-8-213 (2011). This means that in Montana you are not legally allowed to secretly record a conversation unless all parties agree, but in some cases recordings can be made without consent as long as they are not done secretly. This means that while consent is not required, all parties must be notified that the conversation is being recorded. | Mount Code Ana. § 45-8-213 (2011) |
| New Hampshire Recording Laws | New Hampshire recording law states that this is a two-party consent state. In New Hampshire, it is a crime to use any device to record communications, whether wired, spoken or electronic, without the consent of everyone involved in the conversation. This means that in New Hampshire, you are not legally allowed to record a conversation you are in unless all parties agree. However, the offense is considered a misdemeanor and not a crime if the offender contributed to the communication in question or obtained prior consent from one of the parties to the recording. NH Rev. State. Per. § 570-A:2 (2012). | NH Rev. State. By. § 570-A:2 (2012). |
| Oregon Registration Laws* | Oregon law is mixed. For personal oral recordings, consent of all parties is required, whereas for digital communications it is essentiallystate of consent of one of the partieswhere only the consent of one of the parties is required. | Fox. Illness. A-N-A. §§ 165.535, 165.540, |
| Pennsylvania Recording Laws | Pennsylvania recording law states that it is a two-party consent state. In Pennsylvania, it is a crime to use any device to record communications, wired, spoken or electronic, without the consent of everyone involved in the conversation. This means that in Pennsylvania you are not legally allowed to record a conversation you are in unless all parties agree. 18 Pa. Swindler. Stats Ana.§ 5704 (West 2012). | 18 Pa. Swindler. Ana Statistical. § 5704 |
| Washington Recording Laws | It is a crime to use any device to record communications, wired, spoken or electronic, without the consent of everyone involved in the conversation. | Washing. Engine rotation. Ana Code. § 9.73.030 (West 2012). |
If you are concerned about privacy, please see our blog post atusing vpn, one of the best ways to protect your privacy online.