New Hampshire Smart Glasses Recording Laws (2026)

Smart glasses are legal to own and wear in New Hampshire, but the state's all-party consent law under RSA 570-A:2 governs any audio capture. You can record video in public without restriction, but recording the audio of a private conversation without the consent of every participant is a crime: a Class B felony for a third-party eavesdropper and generally a Class B misdemeanor if you are a party to the conversation yourself, although a participant's recording made willfully rather than merely knowingly can be a felony.

Are smart glasses legal to own and wear in New Hampshire?

Yes. New Hampshire has no law that restricts the ownership, sale, or wearing of smart glasses as a category of consumer device. Meta Ray-Ban glasses, Snap Spectacles, and similar wearables are freely available in the state and may be worn in most public and private settings without any registration or permit requirement.

The legality of what you do while wearing them is a separate question entirely. New Hampshire's recording statutes draw a sharp line between the device itself (always legal) and the act of capturing audio without consent (potentially a felony). Understanding that distinction is the whole point of this article.

One hardware note: Meta's Ray-Ban AI glasses include a white capture LED near the right frame that lights up whenever the camera is actively recording video or streaming live. Meta increased the LED's size and brightness following early privacy criticism. According to Meta's official privacy guidance, users should let the LED shine and stop recording if anyone nearby asks them to. The LED is the only external signal that recording is occurring. Because smart glasses look like ordinary eyewear, bystanders who do not see the LED have no way to know they are being filmed or heard.

Recording video in public vs. private spaces

Video-only recording (where the microphone is disabled or the footage captures no audio) sits in a different legal category than audio interception in New Hampshire.

In public spaces (streets, parks, government buildings open to the public, retail stores), there is generally no reasonable expectation of privacy from being observed or filmed. Recording video of people in those spaces with smart glasses is legal under both federal and New Hampshire law, provided no audio of private conversations is captured. The federal Video Voyeurism Prevention Act (18 U.S.C. § 1801) and RSA 570-A apply only where a reasonable expectation of privacy exists or where audio is intercepted; open public spaces do not satisfy those thresholds.

In private spaces (homes, offices, hotel rooms, medical facilities), the analysis shifts. Even silent video recording can expose the wearer to civil liability for intrusion upon seclusion under Restatement (Second) of Torts § 652B if the recording is of a space where the subject has a clear expectation of privacy and the intrusion would be highly offensive to a reasonable person.

Semi-public or hybrid spaces present the most nuance. A quiet corner of a restaurant, a workplace break room, or a one-on-one conversation in a library are technically accessible to others, but participants in those settings often have a reasonable expectation that their words are not being recorded. RSA 570-A:1 defines an "oral communication" as a statement made where the speaker has a reasonable expectation the words will not be intercepted. That definition pulls those quiet conversations into the all-party consent framework the moment a smart glasses wearer starts recording audio.

The safest rule: if in doubt about whether a space is "public" for recording purposes, treat it as private.

Recording audio and New Hampshire's all-party consent law

New Hampshire is an all-party consent state. RSA 570-A:2 makes it unlawful to willfully intercept, attempt to intercept, or procure another person to intercept any wire, electronic, or oral communication. The statute draws on federal Wiretap Act (18 U.S.C. §§ 2510-2522) concepts but imposes a stricter consent standard: federal law requires only one-party consent; New Hampshire requires the consent of every participant.

For a smart glasses wearer, the practical rule is this:

• You are attending a meeting, having a conversation with a colleague, or talking with a neighbor. You want to record it with your glasses. Even though you are part of the conversation, you still need the consent of every other person before the microphone is active. There is no "I'm a party to it" exception for civilians in New Hampshire.
• If you are not part of the conversation at all and you record it anyway (for example, you walk past a private discussion and let your glasses capture the audio), that is third-party interception, the more serious offense.

The consent requirement applies to "private" conversations, meaning those in which participants reasonably expect not to be intercepted. A loud exchange between strangers in a busy intersection that neither party treats as confidential may not qualify. A one-on-one conversation in an office or a dinner table discussion among family members almost certainly does.

For the full legal analysis of how RSA 570-A:2 operates, see the New Hampshire recording laws parent page.

The federal floor does not help here

The federal Wiretap Act allows one participating party to consent on behalf of all parties for non-law-enforcement recordings (18 U.S.C. § 2511(2)(d)). That federal baseline is irrelevant in New Hampshire because RSA 570-A:2 is more restrictive, and more restrictive state laws override the federal floor. Recording your own conversations in New Hampshire without all-party consent is still a crime even if it would be legal under federal law.

How consent works in practice for smart glasses

Smart glasses complicate the consent requirement in a way that traditional recorders do not. A visible phone recorder or a handheld voice recorder signals to others that recording may be occurring. Smart glasses do not. The only notice mechanism is the capture LED, which is small, easy to miss, and easily obscured.

In an all-party consent state like New Hampshire, verbal disclosure is the clearest path to valid consent. Something as simple as "I'm recording this conversation with my glasses, is that OK?" before the audio begins satisfies the consent requirement. Pointing at the LED or relying on others to notice it is not a reliable substitute for verbal disclosure in a criminal context.

Locations where recording is absolutely prohibited

Regardless of consent, there are locations where recording with any device (including smart glasses) is flatly illegal:

• Public restrooms
• Locker rooms and changing areas
• The interior of a private dwelling
• Medical examination rooms and similar spaces

RSA 644:9 prohibits installing or using any device to observe, photograph, or record a person's private body parts (including genitalia, buttocks, or female breasts) or to record activity in a private place where the person has a reasonable expectation of privacy. Using smart glasses in a gym locker room, a swimming pool changing area, or a restroom violates RSA 644:9 regardless of whether any audio is captured and regardless of any claimed consent.

A first offense under RSA 644:9 is a Class A misdemeanor. A second or subsequent conviction on a general violation is a Class B felony. Any first offense where the victim is under 18 years old is also a Class B felony. A second or subsequent offense where the victim is under 18 carries a Class A felony charge.

RSA 644:9-a separately criminalizes the nonconsensual dissemination of intimate images, including synthetic and AI-generated intimate images under an amendment effective January 1, 2025. Using smart glasses to capture intimate imagery and then sharing it constitutes a Class B felony.

The federal Video Voyeurism Prevention Act (18 U.S.C. § 1801) provides an additional federal floor on federal property (federal courthouses, military installations, national parks). State voyeurism law under RSA 644:9 extends the same prohibition to all locations in New Hampshire.

Facial recognition and biometric data

New Hampshire does not have a private-sector biometric privacy statute comparable to Illinois's Biometric Information Privacy Act (740 ILCS 14, "BIPA"), Texas's Capture or Use of Biometric Identifier Act (Tex. Bus. and Com. Code § 503.001, "CUBI"), or Washington's Biometric Identifiers Law (RCW Chapter 19.375). Its biometric statute, RSA Chapter 359-N, applies only to government agencies: it bars state and local agencies from obtaining or retaining a person's biometric data, including facial feature pattern characteristics, except under listed exceptions, and lets a harmed individual recover $2,500 per violation or actual damages if greater, plus attorney fees. It does not reach private individuals or companies, so it does not govern a smart glasses wearer or the apps the wearer uses.

This matters for smart glasses users because the absence of a private-sector biometric law in New Hampshire does not mean facial-recognition use is consequence-free.

If a smart glasses wearer uses a third-party facial-recognition application (for example, integrating with a service that scans face geometry against a database) and that data is stored or processed in Illinois, Illinois BIPA liability can attach regardless of where the capture occurred. BIPA allows a private right of action with statutory damages of $1,000 to $5,000 per person per violation, and recent class actions have resulted in nine-figure settlements. If the app is operated for commercial purposes and the underlying company is a Texas entity, CUBI's $25,000-per-violation civil penalty (enforced by the Texas Attorney General) may also apply.

The October 2024 "I-XRAY" demonstration by Harvard students using Meta Ray-Ban glasses and the PimEyes reverse facial-recognition service illustrated the real-world stakes: the demonstrators were able to identify strangers in real time, retrieve home addresses, and find partial Social Security numbers within minutes of capturing a face. Meta did not provide or enable the facial-recognition capability; the students used third-party software. But the example shows how easily the glasses' camera feed can be routed through an identification pipeline.

Meta's current glasses do not include built-in facial recognition and do not send live video to a face-recognition database by default. Whether the specific apps a wearer installs or connects to do so is a separate question that requires reviewing those apps' privacy policies and terms.

New Hampshire common law adds one more layer. In Hamberger v. Eastman, 106 N.H. 107 (1964), the New Hampshire Supreme Court recognized an invasion-of-privacy tort under state common law when a landlord installed listening devices in a tenant's bedroom. The principle extends: systematic covert identification of individuals via smart glasses in a context where they have a reasonable expectation of not being identified could support an intrusion-upon-seclusion claim under RSA common law even absent a private-sector biometric statute.

Criminal penalties for illegal recording in New Hampshire

RSA 570-A:2 creates two distinct criminal tiers, and which tier applies depends on whether the person recording was a participant in the conversation and, for a participant, on the person's mental state.

Third-party interception (RSA 570-A:2, I): If you are not a party to the conversation and you willfully intercept it, the offense is a Class B felony. New Hampshire Class B felony penalties carry up to 7 years in prison and a fine of up to $4,000.

Participant recording without all-party consent (RSA 570-A:2, I-a): If you are a party to the conversation but you knowingly record it without obtaining consent from every other participant, the default offense is a Class B misdemeanor. Class B misdemeanors in New Hampshire carry no jail time and a maximum fine of $1,200. However, the State may elect to charge the offense as a Class A misdemeanor before arraignment, which raises the maximum to 1 year in jail and a $2,000 fine.

Civil damages (RSA 570-A:11): Any person whose oral communication was illegally intercepted, disclosed, or used may sue in civil court for the greater of $100 per day of the violation or $1,000, plus actual damages if they exceed the liquidated amount, punitive damages, and reasonable attorney fees. A civil action may proceed whether or not a criminal prosecution was brought.

Suppression under RSA 570-A:6: After State v. Clark, 2024 N.H. 64 (N.H. Nov. 13, 2024), suppression of an illegally recorded communication in a criminal case is triggered only by a felony violation of RSA 570-A:2, I, and a participant's own one-party recording can be that felony if made willfully rather than merely knowingly. A participant recording that is only a misdemeanor (the knowing tier) is not suppressed under RSA 570-A:6 and may be admitted as evidence. This distinction has real practical significance: a recording made by a party to a conversation, even if criminally obtained, could be used against that person or others in a subsequent proceeding.

Practical tips for using smart glasses legally in New Hampshire

1. Announce and ask. In any setting where a conversation might qualify as "private" under RSA 570-A:1, verbally disclose that you are recording and obtain agreement from everyone present before the audio starts. "I have my glasses recording this meeting, is everyone OK with that?" is sufficient.

2. Let the LED shine. Do not cover or obstruct the capture LED on Meta Ray-Ban or similar devices. Covering the LED removes the only external notice that recording is occurring, which makes any resulting recording look plainly non-consensual and could support enhanced civil damages.

3. Disable the microphone for video-only use. If you only want to capture video (say, at a public event or in a street photography context), check whether your device allows you to disable audio capture independently of video. A purely silent recording is not an interception under RSA 570-A.

4. Never record in private areas. Restrooms, locker rooms, changing areas, and private homes are off-limits regardless of consent under RSA 644:9. The felony exposure on repeat or minor-victim offenses is severe.

5. Check your apps. Any app that enables facial recognition, voice identification, or biometric matching creates exposure to Illinois BIPA or Texas CUBI liability if it processes face geometry commercially. Review third-party app permissions before connecting them to smart glasses.

6. Out-of-state recordings. In State v. Hersom (No. 2023-0352, N.H. Jan. 24, 2025), where it was disputed whether a covert in-person recording had been made in Maine or in New Hampshire, the trial court excluded it after finding the State had not proved it was made in Maine, and the New Hampshire Supreme Court affirmed without deciding which side bears that burden. The safest approach is to obtain all-party consent for any conversation with a New Hampshire connection.

More New Hampshire Laws

• New Hampshire Data Privacy Laws
• New Hampshire Deepfake Laws
• New Hampshire Drone Laws
• New Hampshire Recording Laws

Frequently Asked Questions

Are smart glasses legal in New Hampshire?

Smart glasses are legal to own and wear in New Hampshire. The device itself is not regulated. What is regulated is what you do with it: recording video in public without audio is generally lawful, but recording the audio of a private conversation without the consent of every participant violates RSA 570-A:2 and can be charged as a misdemeanor or felony depending on whether you were part of the conversation and, if you were, whether you acted knowingly or willfully.

Do I need consent to record audio with smart glasses in New Hampshire?

Yes. New Hampshire is an all-party consent state under RSA 570-A:2. Every person whose voice would be captured must consent before you start recording. There is no exception for participants: even if you are part of the conversation, knowingly recording without all-party consent is a Class B misdemeanor, and a willful participant recording can be a felony. Third-party interception (recording a conversation you are not part of) is a Class B felony.

What is the penalty for recording someone without consent in New Hampshire?

Third-party audio interception carries up to 7 years in prison and a $4,000 fine (Class B felony, RSA 570-A:2, I). Knowing participant recording without all-party consent is a Class B misdemeanor (no jail, max $1,200 fine) by default, but the State may elect to upgrade it to a Class A misdemeanor (up to 1 year and $2,000) before arraignment. Civil liability under RSA 570-A:11 adds $100 per day or $1,000 minimum, plus actual and punitive damages and attorney fees.

Can I record video with smart glasses in public in New Hampshire?

Yes, video-only recording in public spaces is generally lawful in New Hampshire. The all-party consent requirement under RSA 570-A:2 applies to audio interception, not to silent video. If you disable the microphone or the recording captures no spoken conversation, the wiretap statute does not apply. Voyeurism restrictions under RSA 644:9 still prohibit recording private body parts in any location.

Can I wear smart glasses in a gym locker room in New Hampshire?

You may wear them, but any recording (audio or video) in a locker room is prohibited by RSA 644:9. That statute bars using any device to observe or record a person's private body parts in a place where they have a reasonable expectation of privacy, which explicitly includes locker rooms and restrooms. A first offense is a Class A misdemeanor. If the victim is under 18, it is a Class B felony.

Does New Hampshire have a biometric privacy law covering smart glasses facial recognition?

New Hampshire does not have a biometric privacy statute that covers private individuals or companies; RSA 359-N regulates only government agencies. However, using smart glasses with facial-recognition apps that process face geometry commercially can trigger Illinois BIPA liability ($1,000 to $5,000 per person per violation, private right of action) or Texas CUBI liability ($25,000 per violation, AG enforcement) depending on where data is stored or processed.

Can I secretly record a conversation I am part of in New Hampshire?

No. Unlike federal law and the majority of states, New Hampshire requires the consent of every participant, not just one. Knowingly recording your own conversation without all-party consent is a Class B misdemeanor under RSA 570-A:2, I-a, and State v. Clark (2024 N.H. 64) explains that a one-party recording can be a felony if made willfully. After Clark, suppression under RSA 570-A:6 is required only for a felony violation, so a recording that is only a misdemeanor is not suppressed on that basis and could be used as evidence, but the act of making it is still illegal.

What should I say to get valid consent before recording with smart glasses in New Hampshire?

A simple verbal disclosure is sufficient: tell everyone present that you are recording and ask if they consent. For example: 'I am recording this conversation with my glasses, is that OK with everyone?' Wait for verbal agreement before starting the audio. Relying on others to notice the capture LED is not a reliable substitute for verbal disclosure in a state that requires affirmative all-party consent.