US Recording Consent Laws by State (2026)
Updated March 2026 · Silent Security Research Team · Our methodology
This page provides general information only and does not constitute legal advice. Laws change, interpretations vary by court, and your specific situation may involve factors not covered here. If you need to record a conversation for any legal purpose - employment, litigation, evidence - consult a licensed attorney in your state first.
Whether you can legally record a phone call or conversation without telling everyone on it depends entirely on which state you're in. Get it wrong and you could face criminal charges - even if you're recording something you have every right to know about.
Think of 1-party consent like a diary - you can write down what was said in a conversation you were part of. Think of all-party consent like a formal meeting - everyone needs to agree to take notes before you start. The key phrase is "a party to the conversation." If you're part of it, 1-party consent lets you record it. You cannot use either law to record conversations you're not part of.
What the Laws Actually Cover
1-Party Consent means one person in the conversation must know it's being recorded - and that person can be you. If you're on the call, you can record it without telling anyone else.
All-Party Consent (also called "two-party" consent, though it applies to everyone on the call) means everyone in the conversation must know and consent to being recorded. This applies even if there are only two people on the call.
If you're in a 1-party consent state but the other person is in California, Florida, or another all-party consent state, the stricter law typically applies. Courts in all-party states have held their laws apply when any party to the conversation is located in that state. The safest rule when crossing state lines: if any party is in an all-party consent state, get consent from everyone.
Home Security Cameras with Audio
Most modern security cameras capture audio. The recording consent laws above apply to your cameras too - especially if they're aimed at areas where conversations happen (front porch, entryway, living room).
- In public-facing areas (your front porch, driveway, yard): audio recording of conversations between visitors is generally covered by the recording consent laws above.
- In 1-party consent states: your home cameras capturing audio of visitors are generally legal since you (the homeowner) are effectively the consenting party.
- In all-party consent states: a visible notice ("This property is monitored by audio and video") may satisfy the consent requirement by putting visitors on notice. Consult a local attorney for certainty.
- Never record in areas of high privacy expectation: bathrooms, bedrooms where guests sleep - regardless of state law, this can be criminal.
Dashcam Audio
Dashcams with interior microphones (that pick up driver and passenger conversation) are subject to these laws. In all-party consent states, having a visible notice in your vehicle ("Vehicle is audio and video recorded") is the standard approach used by rideshare drivers. Exterior-only dashcam audio (road noise, not conversations) is generally unaffected.
Workplace Recording
Employment law adds another layer. Even in 1-party consent states, some employers prohibit recording in the workplace contractually. NLRA protections may apply to certain types of workplace recording. Federal wiretapping law (18 U.S.C. § 2511) applies as a floor everywhere - states can be stricter but not more permissive than federal law.
All 50 States + DC: Quick Reference
The 12 all-party consent states are highlighted in red. All others are 1-party consent.
| State | Consent Required | Notes |
|---|---|---|
| Alabama | 1-Party | - |
| Alaska | 1-Party | - |
| Arizona | 1-Party | - |
| Arkansas | 1-Party | - |
| California | All-Party | Max 2.5 oz pepper spray exception for recording in public; audio specifically requires all-party consent |
| Colorado | 1-Party | - |
| Connecticut | All-Party | - |
| Delaware | 1-Party | - |
| Florida | All-Party | Statute 934.03; includes electronic surveillance |
| Georgia | 1-Party | - |
| Hawaii | 1-Party | - |
| Idaho | 1-Party | - |
| Illinois | All-Party | Statute 720 ILCS 5/14-2; very strictly enforced |
| Indiana | 1-Party | - |
| Iowa | 1-Party | - |
| Kansas | 1-Party | - |
| Kentucky | 1-Party | - |
| Louisiana | 1-Party | - |
| Maine | 1-Party | - |
| Maryland | All-Party | §10-402; includes in-person and phone |
| Massachusetts | All-Party | §99; one of the strictest - felony violation |
| Michigan | All-Party | - |
| Minnesota | 1-Party | - |
| Mississippi | 1-Party | - |
| Missouri | 1-Party | - |
| Montana | All-Party | - |
| Nebraska | 1-Party | - |
| Nevada | 1-Party | - |
| New Hampshire | All-Party | - |
| New Jersey | 1-Party | - |
| New Mexico | 1-Party | - |
| New York | 1-Party | - |
| North Carolina | 1-Party | - |
| North Dakota | 1-Party | - |
| Ohio | 1-Party | - |
| Oklahoma | 1-Party | - |
| Oregon | All-Party | - |
| Pennsylvania | All-Party | Wiretapping and Electronic Surveillance Control Act; felony |
| Rhode Island | 1-Party | - |
| South Carolina | 1-Party | - |
| South Dakota | 1-Party | - |
| Tennessee | 1-Party | - |
| Texas | 1-Party | - |
| Utah | 1-Party | - |
| Vermont | 1-Party | - |
| Virginia | 1-Party | - |
| Washington | All-Party | RCW 9.73.030; very strictly enforced |
| West Virginia | 1-Party | - |
| Wisconsin | 1-Party | - |
| Wyoming | 1-Party | - |
| Washington D.C. | 1-Party | - |
Frequently Asked Questions
Can I record a conversation in my own home?
Yes - with the caveats above. In a 1-party consent state, you can record any conversation you're part of in your own home. In an all-party consent state, you'd need everyone present to consent (or have given notice). Recording other people's conversations in your home without being part of them is a different matter - that's closer to wiretapping and is illegal regardless of state.
Do security cameras with audio need consent?
In 1-party consent states, generally no - you are the consenting party. In all-party consent states, posting a clearly visible notice ("Audio and video recording in use") is the standard approach and is typically considered to satisfy the consent requirement for public-facing areas. Interior cameras in areas where people sleep or use the bathroom are never legally appropriate regardless of consent.
What if I'm recording as evidence for a lawsuit?
This is exactly when you need an attorney before you record. Even if a recording is legally obtained under recording consent law, it may or may not be admissible in court depending on jurisdiction, how it was obtained, and what it shows. Getting legal advice before recording for litigation is strongly recommended.
Can I record police during a traffic stop?
Generally yes - the First Amendment has been interpreted by most federal circuit courts to protect recording police performing their public duties in public places. However, you must not interfere with their duties, and some states have attempted to apply their all-party consent laws to these recordings. Know your state. The ACLU has detailed guidance for each state at aclu.org.