New Hampshire Recording Laws: Consent Rules and Penalties

Quick Answer

New Hampshire is an all-party consent state. Under RSA 570-A:2, it is a Class B felony to willfully intercept any telecommunication, oral communication, or electronic communication without consent from every party involved. A Class B felony carries up to 7 years in state prison and a fine of up to $4,000.

There is no general one-party consent exception for private citizens. However, a participant who knowingly (rather than willfully) records their own conversation without consent faces a misdemeanor under RSA 570-A:2, I-a. This distinction was clarified by the New Hampshire Supreme Court in two landmark 2024-2025 decisions.

New Hampshire Recording Law Summary

Key Point	Answer
Consent Type	All-Party Consent
Can you record your own calls?	Only with consent from all parties
Must you inform others?	Yes, and you must obtain consent
Key Statute	RSA 570-A:2
Felony Penalty	Class B Felony (up to 7 years, $4,000 fine)
Misdemeanor Penalty	Participant recording without consent
Civil Damages	$100/day or $1,000 minimum + punitive + attorney fees

Understanding New Hampshire's All-Party Consent Law

What the Law Requires

New Hampshire's Wiretapping and Eavesdropping Law (RSA Chapter 570-A) requires consent from all parties before recording any:

• Telecommunication (phone calls, VoIP, video calls)
• Oral communication (in-person conversations where there is a reasonable expectation of privacy)
• Electronic communication (text messages, emails, and other digital communications)

The law applies to anyone who intercepts, attempts to intercept, or asks another person to intercept private communications without every participant's consent.

Two Tiers of Criminal Liability

New Hampshire's recording law creates two distinct levels of criminal liability based on the recorder's mental state:

Class B Felony (RSA 570-A:2, I): A person who willfully intercepts a telecommunication or oral communication without consent from all parties commits a Class B felony. This applies whether the person is a party to the conversation or a third party.

Misdemeanor (RSA 570-A:2, I-a): A person who knowingly intercepts a telecommunication or oral communication when they are a party to the conversation, or when one party has given prior consent, commits a misdemeanor. This provision recognizes that a participant recording their own conversation involves a lesser degree of culpability than third-party surveillance.

The distinction between "willfully" and "knowingly" is legally significant. The New Hampshire Supreme Court addressed this difference in two recent cases discussed below.

What Is Prohibited

Under RSA 570-A:2, it is illegal to:

• Willfully intercept any telecommunication or oral communication without all-party consent
• Attempt to intercept such communications
• Ask or hire another person to intercept communications on your behalf
• Use or disclose communications that you know were illegally intercepted
• Use electronic, mechanical, or other devices to intercept oral communications in business or commercial settings

The Legal Foundation

New Hampshire recording laws are found in:

• RSA 570-A:1 -- Definitions of key terms
• RSA 570-A:2 -- Interception and disclosure prohibited
• RSA 570-A:6 -- Evidence suppression rules
• RSA 570-A:11 -- Civil damages

Recent Court Decisions (2024-2025)

Two New Hampshire Supreme Court decisions have significantly clarified how the state's recording laws work in practice.

State v. Clark (November 2024)

In State v. Clark, 2024 N.H. 64, a domestic violence victim recorded threatening statements made by the defendant without his knowledge. The defendant argued the recording should be suppressed under RSA 570-A:6.

The New Hampshire Supreme Court held that suppression under RSA 570-A:6 only applies to felony violations of the wiretapping statute. Because the victim was a party to the conversation and her recording constituted a misdemeanor under RSA 570-A:2, I-a (not a felony under RSA 570-A:2, I), the recording was admissible as evidence.

This ruling means that one-party participant recordings, while still technically illegal, may not be excluded from court proceedings if they only rise to the level of a misdemeanor violation.

State v. Hersom (January 2025)

In State v. Hersom, decided January 24, 2025, the New Hampshire Supreme Court further refined the framework for analyzing covert recordings. The court examined the mens rea (mental state) required for different levels of criminal liability.

The court confirmed that the distinction between a felony and misdemeanor violation depends on whether the recorder acted "willfully" (felony) or "knowingly" (misdemeanor). The State bears the burden of proving the requisite mental state when seeking to suppress a recording.

Together, these cases establish that New Hampshire treats participant recordings differently from third-party surveillance, even though both remain illegal without all-party consent.

Recording Phone Calls in New Hampshire

Can You Record Phone Calls in New Hampshire?

Only with consent from all parties on the call. To legally record a phone call:

• Inform every person on the call at the start that you wish to record
• Obtain explicit verbal or written consent before pressing record
• If anyone declines, you must not record the call
• Consider sending a follow-up confirmation of consent for important calls

Simply telling someone "this call may be recorded" is not enough. You need actual consent, not just notification.

Recording Calls Across State Lines

When calling between New Hampshire and another state, the stricter law generally applies:

• If you are in New Hampshire, follow New Hampshire's all-party consent requirement regardless of where the other party is located
• If the other state is also an all-party consent state (such as California, Florida, or Massachusetts), both laws apply
• If the other state is a one-party consent state, New Hampshire's stricter all-party consent rule still governs your conduct
• When in doubt, obtain consent from everyone on the call

Business Call Recording

New Hampshire businesses that record phone calls must follow these requirements:

• Obtain consent from all parties before recording begins
• Provide clear notification, typically through an automated announcement at the start of the call
• Document consent procedures in company policies
• Train employees on proper recording protocols
• Store recorded calls securely and limit access to authorized personnel

Recording In-Person Conversations

When Is Recording Legal?

Recording an in-person conversation is legal in New Hampshire when:

• All parties give their consent to the recording before it begins
• The conversation takes place in a public setting where there is no reasonable expectation of privacy (such as a speech at a rally or statements made on a public sidewalk)
• A law enforcement officer records with proper authorization under RSA 570-A:2, II(d)

When Is Recording Illegal?

It is illegal to record an in-person conversation in New Hampshire when:

• You record any private conversation without obtaining consent from every participant
• You use hidden or concealed devices to capture communications
• You secretly record any private oral communication, even if you are one of the participants
• You ask someone else to make a secret recording on your behalf

What Counts as a Private Conversation?

The law protects "oral communications" where the speaker has a reasonable expectation of privacy. Factors courts consider include:

• The location of the conversation (private home vs. public street)
• Whether the speaker took steps to keep the conversation private
• Whether others could reasonably overhear the conversation
• The volume and manner of speech

Conversations in a private office, a home, or a closed meeting room typically carry a reasonable expectation of privacy. Conversations shouted across a public parking lot generally do not.

New Hampshire Video Recording Laws

Video Surveillance Rules

New Hampshire's wiretapping law primarily addresses audio interception. The rules for video recording depend on whether audio is captured:

• Silent video recording in public spaces is generally permitted because no oral communication is intercepted
• Video with audio is subject to the all-party consent requirement under RSA 570-A:2
• Hidden cameras that capture audio in private settings are prohibited without consent from all parties

Homeowners may install security cameras on their own property but should avoid capturing audio of conversations in areas where others expect privacy.

Voyeurism and Privacy (RSA 644:9)

New Hampshire has separate voyeurism laws under RSA 644:9 that prohibit:

• Installing or using any device to observe, photograph, or record a person's private body parts without their consent (Class A misdemeanor)
• Installing recording devices in private places such as bathrooms, bedrooms, or changing rooms without consent (Class A misdemeanor)
• Knowingly viewing another person without their knowledge or consent in a place where privacy is expected, for the purpose of sexual gratification (misdemeanor)

Nonconsensual Image Sharing (RSA 644:9-a)

Under RSA 644:9-a, it is a Class B felony to share intimate or sexual images of another person without their consent when done with the intent to harass, intimidate, threaten, or coerce. This law also covers synthetic or AI-generated images that manipulate a recognizable person's likeness into intimate content.

Recording in the Workplace

Can You Record at Work in New Hampshire?

New Hampshire's all-party consent rule applies fully in workplace settings. You cannot:

• Secretly record conversations with coworkers or supervisors
• Record meetings, interviews, or performance reviews without consent from all participants
• Use hidden devices to capture workplace communications
• Record phone calls with clients, customers, or vendors without their consent

Even if you believe you need evidence of workplace harassment or illegal activity, recording without consent is still a criminal offense in New Hampshire.

Employer Monitoring

Employers may monitor workplace communications if they meet these requirements:

• All employees are clearly informed about monitoring policies
• Consent is obtained, typically through signed employment agreements or written acknowledgments
• Monitoring policies are documented in employee handbooks
• The monitoring serves a legitimate business purpose

New Hampshire's Privacy Act (SB 225, effective January 1, 2025) also established new consumer data privacy protections, though this law primarily addresses digital data collection rather than audio or video recording.

Whistleblower Protections

If you witness illegal activity in the workplace, New Hampshire's whistleblower protection laws provide legal avenues for reporting misconduct without needing to make secret recordings. Consider consulting an attorney about legal options before attempting to gather evidence through recording.

Recording Police in New Hampshire

Your Right to Record Police Officers

The First Amendment protects the right of citizens to record police officers performing their duties in public. Federal courts, including the First Circuit Court of Appeals (which covers New Hampshire), have consistently upheld this right.

When recording police in New Hampshire:

• Record openly and visibly whenever possible
• Do not interfere with police officers performing their duties
• Maintain a safe distance from the encounter
• Be aware that the audio component of your recording may still fall under RSA 570-A if the officer has a reasonable expectation of privacy (though courts have generally found that officers performing public duties in public spaces do not)

Recording Public Meetings

New Hampshire's Right-to-Know Law (RSA 91-A) explicitly permits the use of recording devices at public meetings. Under RSA 91-A:2-a:

• Any person may use tape recorders, cameras, videotape equipment, and other recording devices at public meetings
• Government bodies cannot prohibit recording at public sessions
• This applies to meetings of public bodies at the state, county, and municipal level

Recording at a public session is not a violation of the wiretapping statute. The Right-to-Know Law provides a clear legal basis for recording government proceedings.

Law Enforcement Recording Exceptions

One-Party Consent for Law Enforcement

New Hampshire grants a narrow one-party consent exception to law enforcement officers under RSA 570-A:2, II(d). This exception allows an officer to record with consent from only one party, but only when all of the following conditions are met:

• The officer is acting in the ordinary course of duties
• The investigation involves organized crime, offenses listed in RSA 570-A, solid waste violations under RSA 149-M:9, or harassing/obscene telephone calls
• The officer is a party to the communication, or one party has given prior consent
• The Attorney General, Deputy Attorney General, or a designated Assistant Attorney General has determined there is reasonable suspicion that evidence of criminal conduct will result
• A written memorandum of the authorization and its basis is prepared within 72 hours

This exception does not apply to private citizens. Only sworn law enforcement officers with proper authorization may use one-party consent recording in New Hampshire.

Penalties for Illegal Recording in New Hampshire

Criminal Penalties

Offense	Classification	Maximum Penalty
Willful interception without consent (RSA 570-A:2, I)	Class B Felony	Up to 7 years prison, $4,000 fine
Knowing participant recording without consent (RSA 570-A:2, I-a)	Misdemeanor	Up to 1 year jail, $2,000 fine
Disclosure of illegally intercepted communications	Class B Felony	Up to 7 years prison, $4,000 fine
Use of illegally obtained communications	Class B Felony	Up to 7 years prison, $4,000 fine
Voyeurism / recording in private places (RSA 644:9)	Class A Misdemeanor	Up to 1 year jail, $2,000 fine
Nonconsensual image sharing (RSA 644:9-a)	Class B Felony	Up to 7 years prison, $4,000 fine

A Class B felony conviction in New Hampshire results in a permanent criminal record and can carry lasting consequences for employment, housing, and civil rights.

Civil Liability

Under RSA 570-A:11, any person whose communication is illegally intercepted, disclosed, or used may file a civil lawsuit and recover:

• Liquidated damages: $100 per day of the violation OR $1,000, whichever is higher
• Actual damages if they exceed the liquidated minimum
• Punitive damages to punish particularly egregious conduct
• Reasonable attorney fees and litigation costs

This means even a single illegal recording can result in a minimum civil judgment of $1,000 before punitive damages and attorney fees are added.

Evidence Suppression

Under RSA 570-A:6, communications intercepted in violation of the felony provisions of the wiretapping law may be suppressed and excluded from use in court proceedings. Following the State v. Clark decision, recordings that constitute only a misdemeanor violation (such as participant recordings under RSA 570-A:2, I-a) are not subject to suppression.

More New Hampshire Laws

• New Hampshire Whistleblower Laws
• New Hampshire Statute of Limitations
• New Hampshire Lemon Laws
• New Hampshire Car Seat Laws
• New Hampshire Hit and Run Laws
• New Hampshire Dog Bite Laws
• New Hampshire Sexting Laws
• New Hampshire Child Support Laws