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New Hampshire Audio Recording Laws

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202613 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 11 primary sources cited on this page. How we verify our legal content

New Hampshire Audio Recording Laws

New Hampshire requires all-party consent before recording any audio conversation under RSA 570-A:2. Every participant must agree before a recording begins. Willfully recording a private conversation without that consent is a Class B felony, punishable by up to seven years in prison.

New Hampshire is one of the strictest states in the country when it comes to audio recording. Under RSA 570-A:2, the Granite State requires all-party consent before any person may intercept, record, or capture a telecommunication or oral communication. This means every single person involved in a conversation must agree to the recording before it begins.

This guide explains exactly how New Hampshire's audio recording laws work, including the two-tier criminal penalty system, exceptions for law enforcement, civil liability rules, and practical guidance for staying on the right side of the law.

The Core Prohibition

New Hampshire's Wiretapping and Eavesdropping Law is found in RSA Chapter 570-A. The statute prohibits the interception of two categories of communications:

In New Hampshire, recording a private conversation needs every participant to agree; a participant who records in good faith commits a misdemeanor, and willful recording is a Class B felony.
Get a yes from everyone before you record. Only talk with no reasonable expectation of privacy may fall outside the law.
  • Telecommunications including phone calls, VoIP calls, and video calls
  • Oral communications meaning in-person conversations where a speaker has a reasonable expectation of privacy

Under RSA 570-A:1, "intercept" means the aural or other acquisition of the contents of any telecommunication or oral communication through the use of any electronic, mechanical, or other device. In plain language, pressing record on your phone, using a voice recorder, or activating any app that captures audio all count as interception.

The critical point is that consent must come from every party to the conversation. Unlike the 37 states that follow the federal one-party consent standard, New Hampshire does not allow a participant in a conversation to secretly record it.

Two Tiers of Criminal Liability

The New Hampshire Supreme Court's 2024 decision in State v. Clark clarified that the state's audio recording law creates two distinct levels of criminal exposure based on the mental state of the person making the recording, and the Court applied that framework again in its January 2025 State v. Hersom order:

Class B Felony (RSA 570-A:2, I): Anyone who willfully intercepts a telecommunication or oral communication without obtaining consent from all parties commits a Class B felony. This applies to both third-party eavesdroppers and participants in the conversation who act willfully. The maximum penalty is 7 years in state prison and a $4,000 fine under RSA 651:2.

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. RSA 570-A:2, I-a does not itself set a penalty class. Under RSA 625:9, the offense defaults to a Class B misdemeanor (no jail, up to a $1,200 fine) unless the State gives notice before arraignment that it will seek Class A treatment or a violence element is present, in which case the maximum rises to 1 year in jail and a $2,000 fine under RSA 651:2.

The distinction between "willfully" and "knowingly" is legally significant. In State v. Mueller (2014), the New Hampshire Supreme Court held that "willfully" means acting with an intentional or reckless disregard for whether the recording is lawful, so a person who has a good-faith belief that the recording is legal has not committed the felony. The court also held that it is not enough to show the person deliberately meant to record. "Knowingly" means the person was aware they were recording without everyone's consent, even if they did not know it was illegal.

The practical result: once you know New Hampshire requires everyone's consent, recording without it puts you at risk of the felony even if you are a participant. The court applied the same definition to a participant's recording in its January 2025 State v. Hersom decision.

What Audio Recording Activities Are Illegal

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

  • Record any phone call without consent from all participants
  • Use a voice recorder or smartphone to capture an in-person conversation without everyone's permission
  • Place a hidden audio recording device in any location to capture private conversations
  • Ask or pay another person to make a recording without all-party consent
  • Use or disclose the contents of a recording you know, or have reason to know, came from a felony interception under RSA 570-A:2, I
  • Install listening devices in offices, homes, or vehicles to capture conversations

Even recording your own conversations is illegal without obtaining consent from the other participants. The penalty is a misdemeanor only if you acted in a good-faith belief that it was legal; a participant who records knowing, or recklessly ignoring, the all-party rule is exposed to the felony.

Recording In-Person Conversations

New Hampshire hands typing on a mechanical keyboard from above

You may legally record an in-person conversation in New Hampshire when:

  • All participants give their informed consent before the recording begins
  • The conversation takes place at a public meeting covered by the Right-to-Know Law (RSA 91-A), which explicitly permits recording devices
  • A law enforcement officer records with proper authorization under RSA 570-A:2, II(d)
  • The conversation occurs in a truly public setting where no speaker has a reasonable expectation of privacy, such as a speech at a public rally

What Counts as an "Oral Communication"

The law protects "oral communications" where the speaker has a reasonable expectation of privacy. Courts evaluate this based on several factors:

  • Location: A conversation in a private home, closed office, or vehicle typically carries a reasonable expectation of privacy. A conversation on a public sidewalk or in a crowded restaurant generally does not.
  • Volume and manner of speech: Speaking in hushed tones suggests an expectation of privacy. Shouting across a parking lot does not.
  • Steps taken to ensure privacy: Closing a door, moving to a private room, or asking others to leave all demonstrate an expectation of privacy.
  • Presence of others: If the conversation occurs where uninvited people can easily overhear, the expectation of privacy diminishes.

If a speaker has no reasonable expectation of privacy, the communication does not qualify as a protected "oral communication" under the statute, and recording it may not violate the law.

To record audio legally in New Hampshire, follow these steps:

  1. Inform every person in the conversation that you wish to record before pressing the record button
  2. Ask for explicit verbal or written consent from each participant
  3. If anyone declines, do not record the conversation
  4. Document the consent on the recording itself by having each person verbally acknowledge their agreement
  5. For important conversations, consider getting written consent in advance

No New Hampshire statute or appellate decision says that announcing "I am recording this" and having the other person keep talking counts as consent, although the state Supreme Court has found implied consent where recording was inherent in the medium the person chose (instant messages, State v. Lott, 2005). Because the question is unsettled, get an affirmative yes from everyone rather than relying on notice alone.

Recording Phone Calls and VoIP

desk phone with its handset off the hook lying beside the base

New Hampshire's all-party consent rule applies fully to telephone communications of all types:

  • Traditional landline calls
  • Cell phone calls
  • VoIP calls through Zoom, Microsoft Teams, Google Meet, or similar platforms
  • Video call audio via FaceTime, WhatsApp, or Signal
  • Conference calls with multiple participants

Before recording any call, you must inform every person on the line and receive their consent. On a conference call with five participants, all five must agree before recording begins.

Interstate and Cross-Border Calls

When a call crosses state lines, the recording laws of both states may apply. RSA 570-A does not say which state's law governs a call between New Hampshire and another state, and no published New Hampshire Supreme Court decision settles it, so treat New Hampshire's all-party rule as applying to any call with a New Hampshire participant:

  • Calling a one-party consent state: Follow New Hampshire's all-party consent requirement, since you are recording in New Hampshire
  • Calling another all-party consent state (such as Massachusetts, California, or Florida): Both states' laws may apply, reinforcing the need for all-party consent
  • Receiving a call from a one-party consent state: The caller may be allowed to record under their own state's law, and whether New Hampshire law reaches a recording made outside the state is not settled; where a recording was made can decide the question (State v. Hersom, 2025)

When in doubt, always obtain consent from every person on the call before recording. Our recording consent checker lists what each state requires side by side if you want to check first.

Business and Professional Call Recording

New Hampshire businesses that record phone calls must comply with the all-party consent requirement. This means:

  • Automated "this call may be recorded" announcements should play before the conversation begins, and the caller should have the opportunity to hang up or decline, but no New Hampshire court has held that an announcement plus staying on the line is consent, so also get an affirmative yes or a press-to-consent step
  • Employee training must cover proper consent procedures
  • Customer service centers must document their recording policies
  • Recorded calls must be stored securely with access limited to authorized personnel
  • Businesses that meet the thresholds of New Hampshire's consumer data privacy law, RSA 507-H (effective January 1, 2025; generally those processing personal data of at least 35,000 New Hampshire consumers a year), must also handle recorded personal data under that law

Businesses should work with legal counsel to develop compliant call recording policies that satisfy both state and federal requirements.

Penalties for Illegal Audio Recording

New Hampshire two office chairs angled toward each other beside a window with a small voice recorder on the side table

Criminal Penalties

OffenseClassificationMaximum PrisonMaximum Fine
Willful interception without consent (RSA 570-A:2, I)Class B Felony7 years$4,000
Participant recording, knowing but in good faith (RSA 570-A:2, I-a)Misdemeanor (Class B by default)None (Class B); up to 1 year if State elects Class A$1,200 (Class B); up to $2,000 (Class A)
Disclosure of a communication obtained by a felony interception (RSA 570-A:2, I(c))Class B Felony7 years$4,000
Use of a communication obtained by a felony interception (RSA 570-A:2, I(d))Class B Felony7 years$4,000

A Class B felony conviction in New Hampshire stays on your criminal record unless it is annulled, which for most Class B felonies you may petition for only 5 years after completing the sentence (RSA 651:5), and it carries serious collateral consequences including potential loss of employment, professional licenses, and firearm 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 of $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

Even a single illegal recording can result in a minimum civil judgment of $1,000 before punitive damages and attorney fees are calculated.

Evidence Suppression Rules

Under RSA 570-A:6, audio recordings obtained through a felony violation of the wiretapping law may be suppressed and excluded from court proceedings. Following the New Hampshire Supreme Court's 2024 State v. Clark decision, recordings that constitute only a misdemeanor violation (a participant recording made knowingly but not willfully, under RSA 570-A:2, I-a) are not subject to the suppression rule and may be admitted as evidence.

This creates a practical distinction: if you record your own conversation without consent in a good-faith belief that it is legal, the recording might still be usable in court even though making it was illegal. If you recorded willfully, knowing or recklessly ignoring the rule, the recording is a felony interception and can be excluded (State v. Hersom, 2025). Either way you could still face criminal charges and civil liability.

Law Enforcement Exception

New Hampshire grants a narrow exception to the all-party consent rule for law enforcement under RSA 570-A:2, II(d). An officer may record with only one party's consent when all of the following conditions are met:

  • The officer is acting in the ordinary course of duties
  • The investigation involves organized crime, offenses under 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 is prepared within 72 hours

This exception does not extend to private citizens. Only sworn law enforcement officers with proper supervisory approval may conduct one-party consent audio recordings in New Hampshire.

Using Audio Recordings as Evidence

Admissibility in New Hampshire Courts

The admissibility of audio recordings in New Hampshire courts depends on how they were obtained:

  • Recordings made with all-party consent are generally admissible, subject to standard rules of evidence regarding authentication, relevance, and prejudice
  • Recordings made in violation of the felony provision (RSA 570-A:2, I) can be suppressed under RSA 570-A:6
  • Recordings made in violation of the misdemeanor provision (RSA 570-A:2, I-a) are not subject to the suppression rule after the State v. Clark decision

Best Practices for Audio Evidence

If you obtain consent and wish to create a recording that will hold up in court:

  1. State the date, time, and location at the beginning of the recording
  2. Identify all participants by name on the recording
  3. Record each person's verbal consent before proceeding
  4. Do not edit or alter the recording in any way
  5. Preserve the original file and store backup copies securely
  6. Document the chain of custody from creation to presentation in court

Practical Scenarios

Can I Record a Landlord-Tenant Conversation?

Only with your landlord's consent. Even though you are a party to the conversation, New Hampshire's all-party consent rule means you must inform your landlord and obtain their agreement before recording any in-person meeting or phone call.

Can I Record a Meeting at Work?

Only if every person at the meeting consents. You cannot secretly record conversations with coworkers, supervisors, or HR representatives. If you need evidence of workplace misconduct, consult an attorney about legal alternatives.

Can I Record My Doctor?

Only with your doctor's consent. While recording medical appointments can help you remember complex treatment information, New Hampshire law requires that the doctor (and any other participants) agree to the recording.

Can I Record a Government Meeting?

Yes. The Right-to-Know Law (RSA 91-A:2, II) explicitly permits recording at public meetings of government bodies at the state, county, and municipal level. This is a specific statutory exception to the general consent requirement.

More New Hampshire Recording Laws

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Back to New Hampshire Recording Laws

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More New Hampshire Laws

Frequently Asked Questions

Is it legal to audio record a conversation in New Hampshire without the other person knowing?

No. New Hampshire is an all-party consent state under RSA 570-A:2. You must obtain consent from every person involved in the conversation before recording audio. Recording without all-party consent is a criminal offense, ranging from a misdemeanor for a participant who records in a good-faith belief that it is legal to a Class B felony for willful interception by anyone, including a participant who knows the all-party rule.

What is the penalty for secretly recording audio in New Hampshire?

Willful audio interception without consent is a Class B felony under RSA 570-A:2, I, punishable by up to 7 years in state prison and a $4,000 fine. A participant who records their own conversation knowingly but in a good-faith belief that it is legal faces a misdemeanor under RSA 570-A:2, I-a, which by default is a Class B misdemeanor (no jail, up to a $1,200 fine) unless the State elects Class A treatment (up to 1 year in jail, $2,000 fine). A participant who knows, or recklessly ignores, that the recording is illegal is exposed to the felony. Civil damages of at least $1,000 also apply.

Can I record my own phone calls in New Hampshire?

Only with consent from every other person on the call. Unlike one-party consent states, New Hampshire does not allow you to record your own calls without informing and getting agreement from all participants. Violating this rule is a misdemeanor at minimum, and it is a Class B felony if you record while knowing, or recklessly ignoring, that New Hampshire requires everyone's consent (State v. Mueller, 2014).

Are secretly recorded conversations admissible in New Hampshire courts?

It depends on the violation level. After the 2024 State v. Clark decision, recordings that violate only the misdemeanor provision (RSA 570-A:2, I-a) are not subject to suppression and may be used as evidence. Recordings that violate the felony provision (RSA 570-A:2, I) can be excluded under RSA 570-A:6.

Does New Hampshire allow one-party consent for law enforcement audio recording?

Yes, but only under narrow conditions. Under RSA 570-A:2, II(d), a law enforcement officer may record with one-party consent when investigating specific crimes (organized crime, wiretapping offenses, solid waste violations, or harassing calls) and only after obtaining authorization from the Attorney General or a designated Assistant Attorney General.

Updates

Corrected an earlier changelog entry that described a cross-reference not present on the page.

Clarified that on a call with another all-party consent state both states' laws may apply, since no court has settled which state's law governs.

Clarified that a business call-recording announcement is not, on its own, established consent in New Hampshire, and described State v. Lott accurately as an implied-consent ruling about instant messages.

Explained that a participant who records without consent while knowing, or recklessly ignoring, New Hampshire's all-party rule faces the felony (State v. Mueller), limited the disclosure and use felonies to felony recordings, presented notice-as-consent and interstate calls as unsettled, narrowed the RSA 507-H statement to covered businesses, and corrected the claim that a felony record is permanent.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the description of State v. Hersom: the 2024 State v. Clark decision set out the two-tier willful/knowing framework, and the 2025 Hersom order applied it.

Corrected New Hampshire's privacy law citation from a wrong, dead-linked bill/chapter to SB 255 / RSA 507-H, fixed a wrong-neighbor citation for the public-meeting recording right (RSA 91-A:2, II, not 91-A:2-a), and corrected the TAKE IT DOWN Act's signing date to May 19, 2025.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Removed a fabricated third 'electronic communications' category (text messages, emails) from the description of what New Hampshire's wiretapping statute covers; the statute's operative prohibition and definitions only cover telecommunications and oral communications.

Corrected the RSA 570-A:2, I-a misdemeanor penalty: the statute itself sets no class, and RSA 625:9 defaults it to a Class B misdemeanor (no jail, up to $1,200) unless the State elects Class A treatment before arraignment, which raises it to 1 year/$2,000. The page previously stated the Class A figures as the flat maximum.

Governing law re-checked for recent changes

Propagated State v. Clark (2024 N.H. 64, Nov. 13, 2024) and State v. Hersom (No. 2023-0352, Jan. 24, 2025) two-tier suppression framework from parent hub; confirmed RSA 570-A:2, I-a misdemeanor framing; RSA 105-D body cam reference added where applicable.

Reviewed and approved by an editor

Sources and References

  1. RSA 570-A:2 - Interception and Disclosure Prohibited(gc.nh.gov).gov
  2. RSA 570-A:1 - Definitions(gc.nh.gov).gov
  3. RSA Chapter 570-A - Wiretapping and Eavesdropping(gc.nh.gov).gov
  4. RSA 570-A:11 - Civil Damages(gencourt.state.nh.us).gov
  5. RSA 570-A:6 - Evidence Suppression(gencourt.state.nh.us).gov
  6. RSA 91-A - Right-to-Know Law(gc.nh.gov).gov
  7. RSA 625:9 - Classification of Crimes(gc.nh.gov).gov
  8. RSA 651:2 - Sentences and Limitations(gc.nh.gov).gov
  9. State v. Clark, 2024 N.H. 64(courts.nh.gov).gov
  10. State v. Hersom (Jan. 2025)(courts.nh.gov).gov
  11. FCC Guide on Recording Telephone Conversations(fcc.gov).gov
  12. 18 U.S.C. § 2511 - Federal Wiretap Act(law.cornell.edu)
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