Whether you can legally record a conversation comes down to one question: how many people in the conversation have to agree to the recording? The answer depends on which state's law applies. The country is split into two camps, and getting it wrong can be a crime in some states and the basis for a civil lawsuit in almost all of them.

The two terms you will see are one-party consent and two-party consent (more accurately called all-party consent, because it means everyone in the conversation must agree, not just two people).

  • One-party consent: You can legally record a conversation as long as at least one person taking part consents. Since you are a participant, your own consent is enough. You do not have to tell the other people you are recording.
  • All-party (two-party) consent: Every person who is part of the conversation must consent to being recorded. Secretly recording a private conversation you are part of can itself be illegal here.

Federal law sets the floor. The federal Wiretap Act, 18 U.S.C. 2511, is a one-party consent law: it is legal under federal law to record a conversation you are part of. States are free to demand more, and roughly a dozen do. When a state law is stricter than federal law, the state law controls for conversations within that state.

The key trigger: a reasonable expectation of privacy

These laws almost always apply to private conversations, where the people involved have a reasonable expectation of privacy. A loud argument on a public sidewalk, a comment shouted across a parking lot, or a police officer performing public duties generally is not a "private" conversation, so recording it usually does not violate consent statutes even in strict states. The Fourth Amendment concept of a reasonable expectation of privacy is the same idea courts use here.

The following states require the consent of everyone in a private conversation. The exact wording, penalties, and exceptions vary, so treat this as a starting point, not the last word:

  • California (Penal Code 632)
  • Florida (Fla. Stat. 934.03)
  • Illinois (720 ILCS 5/14-2, rewritten after the Illinois Supreme Court struck the old eavesdropping law in People v. Clark and People v. Melongo)
  • Maryland (the statute at issue in the Linda Tripp case)
  • Massachusetts (Mass. Gen. Laws ch. 272, sec. 99, which bans only secret recording)
  • Montana (notice-based)
  • New Hampshire
  • Pennsylvania (the Wiretapping and Electronic Surveillance Control Act, 18 Pa. C.S. 5703-5704)
  • Washington
  • Connecticut (one-party for criminal liability, but all-party for civil suits over telephone recordings)
  • Oregon (all-party for in-person conversations; one-party for phone calls)
  • Nevada (one-party by statute, but the state supreme court has read the telephone provision as effectively all-party)

Every other state, plus the District of Columbia, follows the one-party rule. If you live somewhere not on the list above, you can generally record a conversation you are part of without telling anyone.

Pennsylvania is one of the strictest all-party consent states. Under the Pennsylvania Wiretapping and Electronic Surveillance Control Act, it is generally a felony to intercept a private conversation, in person or by phone, without the consent of everyone involved. The key limit is that the conversation must be one where the parties had a justifiable expectation that it was not being recorded. Recording police carrying out their duties in public, or a confrontation in a public place, typically falls outside that protection. But quietly recording a private phone call or a face-to-face talk with a coworker, spouse, or neighbor in Pennsylvania without telling them can expose you to criminal charges and civil liability. The safest practice in PA is to get clear consent, or to announce at the start that you are recording.

North Carolina is a one-party consent state. Under N.C. Gen. Stat. 15A-287, it is legal to record a phone call or an in-person conversation as long as you are a party to it, or one of the parties has agreed. You do not have to notify the other person. What you cannot do is record a conversation you are not part of, or plant a device to capture other people's private talk you are not involved in, which is illegal wiretapping. So in NC you can record your own calls freely, but you cannot bug someone else's.

Michigan is the classic gray area. The eavesdropping statute (MCL 750.539c) reads like an all-party consent law, making it a crime to "eavesdrop" on a private conversation without the consent of all parties. But in Sullivan v. Gray, the Michigan Court of Appeals held that the word "eavesdrop" refers to listening in on the conversation of others, so a participant in a conversation can record it without breaking the statute. In practice, that makes Michigan function as a one-party consent state for people recording their own conversations, while still banning secret surveillance of conversations you are not part of. Because the statute's text and the case law point in different directions, and the Michigan Supreme Court has not squarely resolved it, the cautious move is still to get consent when you can.

Practical rules that keep you safe

  • When in doubt, announce it. Saying "just so you know, I am recording this call" at the start satisfies an all-party state, because continuing the conversation is treated as consent.
  • Interstate calls follow the stricter law. If you are in a one-party state and the other person is in an all-party state, courts often apply the stricter state's rule. Get consent.
  • Public is different from private. Recording on-duty police or events in public is generally protected regardless of these consent laws.
  • Audio is the issue, not video. Silent video in public is widely legal; the consent statutes mostly target capturing private audio.

This is general legal information, not legal advice. Recording laws vary by state, change over time, and turn on the specific facts of your situation. Consult a licensed attorney in your state before relying on any recording.