Can I Legally Record This? One-Party vs. Two-Party Consent by State

Before you hit record on a call or conversation, the law cares who has to agree. Federal law and most states let one party consent; a number of states require everyone on the line. Pick what you're recording and your state to see the rule — plus how cross-state calls and recording police in public are treated. General information, not legal advice.

One-party vs. all-party consent

Under federal law and in most states, if you are part of a conversation you can record it — that's 'one-party consent.' A number of states require that everyone being recorded agrees first ('all-party' or 'two-party' consent), and recording without that consent can be a crime as well as grounds for a lawsuit. The rule turns on whether the people speaking had a reasonable expectation of privacy.

Cross-state calls and recording the police

When a call connects people in different states with different rules, the safe practice is to follow the strictest state's law — get everyone's agreement on the recording. Recording police officers performing their duties in a public place is a different question: every federal appeals court to decide it has treated that as protected by the First Amendment, as long as you don't physically interfere. You can be asked to step back, not to stop recording.

Recording consent by stateCompare the consent to record in all 50 states.

This shows whether your state lets you record a phone call or conversation with just your own consent, or requires everyone being recorded to agree first. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."

StateConsent to recordSource
AlabamaOne-party consentRecording Law: U.S. recording laws
AlaskaOne-party consentRecording Law: U.S. recording laws
ArizonaOne-party consentRecording Law: U.S. recording laws
ArkansasOne-party consentRecording Law: U.S. recording laws
CaliforniaAll-party consentRecording Law: U.S. recording laws
ColoradoOne-party consentRecording Law: U.S. recording laws
ConnecticutAll-party consentRecording Law: U.S. recording laws
DelawareAll-party consentRecording Law: U.S. recording laws
District of ColumbiaOne-party consentRecording Law: U.S. recording laws
FloridaAll-party consentRecording Law: U.S. recording laws
GeorgiaOne-party consentRecording Law: U.S. recording laws
HawaiiOne-party consentRecording Law: U.S. recording laws
IdahoOne-party consentRecording Law: U.S. recording laws
IllinoisAll-party consentRecording Law: U.S. recording laws
IndianaOne-party consentRecording Law: U.S. recording laws
IowaOne-party consentRecording Law: U.S. recording laws
KansasOne-party consentRecording Law: U.S. recording laws
KentuckyOne-party consentRecording Law: U.S. recording laws
LouisianaOne-party consentRecording Law: U.S. recording laws
MaineOne-party consentRecording Law: U.S. recording laws
MarylandAll-party consentRecording Law: U.S. recording laws
MassachusettsAll-party consentRecording Law: U.S. recording laws
MichiganOne-party consentRecording Law: U.S. recording laws
MinnesotaOne-party consentRecording Law: U.S. recording laws
MississippiOne-party consentRecording Law: U.S. recording laws
MissouriOne-party consentRecording Law: U.S. recording laws
MontanaAll-party consentRecording Law: U.S. recording laws
NebraskaOne-party consentRecording Law: U.S. recording laws
NevadaAll-party consentRecording Law — Nevada (Hybrid One-Party/All-Party Consent); Nevada Supreme Court, Lane v. Allstate Ins. Co. (1998), construing NRS 200.620
New HampshireAll-party consentRecording Law: U.S. recording laws
New JerseyOne-party consentRecording Law: U.S. recording laws
New MexicoOne-party consentRecording Law: U.S. recording laws
New YorkOne-party consentRecording Law: U.S. recording laws
North CarolinaOne-party consentRecording Law: U.S. recording laws
North DakotaOne-party consentRecording Law: U.S. recording laws
OhioOne-party consentRecording Law: U.S. recording laws
OklahomaOne-party consentRecording Law: U.S. recording laws
OregonAll-party consentRecording Law: U.S. recording laws
PennsylvaniaAll-party consentRecording Law: U.S. recording laws
Rhode IslandOne-party consentRecording Law: U.S. recording laws
South CarolinaOne-party consentRecording Law: U.S. recording laws
South DakotaOne-party consentRecording Law: U.S. recording laws
TennesseeOne-party consentRecording Law: U.S. recording laws
TexasOne-party consentRecording Law: U.S. recording laws
UtahOne-party consentRecording Law: U.S. recording laws
VermontOne-party consentRecording Law: U.S. recording laws
VirginiaOne-party consentRecording Law: U.S. recording laws
WashingtonAll-party consentRecording Law: U.S. recording laws
West VirginiaOne-party consentRecording Law: U.S. recording laws
WisconsinOne-party consentRecording Law: U.S. recording laws
WyomingOne-party consentRecording Law: U.S. recording laws

General information, not legal advice. Rules change and exceptions apply — confirm the current rule with the cited source for your state.

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Disclaimer: NotALawyer.com provides general legal information, not legal advice, and is not a law firm. Using a tool does not create an attorney–client relationship. Laws change and vary by situation — verify anything important with the official source or a licensed attorney in your state.