United States Recording Laws

One-Party vs. Two-Party Consent: The Core Rule

Every U.S. recording-consent law answers one question: how many people in a private conversation have to agree before it can be recorded? In a one-party consent state, only one participant must consent — and because you are a participant in your own conversation, that one person can be you. You can record without telling anyone else.

In a two-party consent state — more accurately called all-party consent, since it applies to every participant, not just two — everyone in the conversation must consent before recording. The 12 all-party states are the strictest, and they are where secretly recording a conversation most often crosses the line into a crime. Most states, 39 of them, follow the one-party rule.

Consent does not always have to be a signed form or a spoken “yes.” In many states, continuing to talk after a clear notice that the call is being recorded counts as consent. The detailed one-party and two-party guides explain how each state treats notice and consent.

Federal Recording Law

The federal wiretap statute, 18 U.S.C. § 2511, follows a one-party consent rule: it is legal under federal law to record a conversation as long as you are a party to it or one of the participants has given permission. Federal law most often comes into play with interstate communications, such as phone calls that cross state lines.

Crucially, federal law sets only a floor. States are free to be stricter, and many are. When a state's law is more protective than federal law for a conversation happening within that state, the stricter state law generally controls. That is why you cannot rely on the federal one-party rule alone — your state's rule is what usually matters.

Recording Across State Lines

Interstate calls are the hardest scenario. When the people on a call are in different states with different rules, it is not always obvious whose law applies. Courts have often applied the law of the stricter state, and some states expressly protect anyone recorded within their borders.

The practical takeaway: if you are in a one-party state but the person you are recording is in an all-party state, do not assume your home rule protects you. The safest course on any call that crosses state lines is to get consent from everyone before you hit record.

Audio vs. Video Recording

Most recording-consent statutes were written for audio — the interception of oral or wire communications. Silent video recording is frequently governed by a different set of rules that turn on whether the person being recorded had a reasonable expectation of privacy.

Recording in public places, where there is generally no expectation of privacy, is usually permitted. Hidden cameras in private spaces such as bathrooms, bedrooms, locker rooms, and changing areas are illegal in nearly every state, and adding audio to a video can pull it back under the stricter wiretap rules. Wearable cameras are the clearest modern example: filming with smart glasses like Meta Ray-Bans is usually fine in a public place, but because they also capture audio, recording a private conversation can trigger the same consent requirements as any other recorder.

Penalties for Illegal Recording

Recording someone illegally is not a minor technicality. Depending on the state, it can be charged as a misdemeanor or a felony, carrying fines and possible jail time. On top of any criminal exposure, the person who was recorded can often bring a civil lawsuit for money damages.

An illegally obtained recording is also typically inadmissible as evidence — so a recording made to protect yourself can end up being the one thing you cannot use. Penalties vary widely by state, which is the final reason to check your specific state's rules below before recording.

Find Your State's Recording Law

Select your state for a detailed breakdown of its consent rule, the governing statute, exceptions, and the penalties for illegal recording.