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Maine Audio Recording Laws: One-Party Consent Rules and Penalties (2026)

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. · 7 primary sources cited on this page. How we verify our legal content

Maine Audio Recording Laws: One-Party Consent Rules and Penalties (2026)

Maine is a one-party consent state for audio recording. Under 15 M.R.S. 709(4) and 710, any participant in a phone call or in-person conversation may record it without notifying other parties. Recording in private places such as bathrooms and locker rooms requires all-party consent under a separate statute.

Maine is a one-party consent state for audio recording. Under 15 M.R.S.A. § 710, you can legally record any phone call or in-person conversation you participate in without notifying or getting permission from other participants. The law requires only that the person doing the recording is a party to the communication, or that one party has given prior consent.

This guide covers everything you need to know about audio recording laws in Maine, including when you can record, what happens when you call someone in another state, the private places exception that overrides the general consent rule, and the criminal and civil penalties for violations.

The Statutory Framework

Maine's audio recording rules are found in Title 15, Chapter 102 of the Maine Revised Statutes Annotated. Three statutes form the core framework:

In Maine you may record a conversation you are part of without telling anyone, but using a device in a private place like a bathroom without the consent of those entitled to privacy there is a crime.
Maine needs only one party's consent to record audio. Using a device in a bathroom, locker room or other private place without the consent of those entitled to privacy there is a separate crime.
  • 15 M.R.S.A. § 710 establishes criminal offenses for intercepting wire and oral communications without authorization.
  • 15 M.R.S.A. § 709(4) defines 'intercept' to exclude the sender or receiver of the communication and anyone given prior authority by the sender or receiver, which is the source of the one-party consent exception.
  • 15 M.R.S.A. § 711 creates a civil cause of action for victims of illegal interception.

Under § 710, it is a Class C crime to intentionally intercept, endeavor to intercept, or procure any other person to intercept any wire or oral communication. However, § 709(4) defines 'intercept' to exclude the sender or receiver of the communication, so a participant in the conversation who records it has not intercepted anything and is not violating the law. Section 709(4) also excludes 'a person given prior authority by the sender or receiver,' which is why a third party can lawfully record on a participant's behalf.

These statutes are current through the 132nd Maine Legislature (2025), with no amendments to the core audio recording consent provisions.

One-party consent means that exactly one person involved in the communication must know about and agree to the recording. That person is typically you, the one pressing the record button. You do not need to announce "this call is being recorded." You do not need a verbal or written agreement from the other parties.

Here are common scenarios where one-party consent protects you:

  • Recording a phone call you are on. Whether you use a landline, cell phone, or VoIP service like Zoom, Teams, or Google Meet, you can record the audio without telling the other person.
  • Recording an in-person conversation you participate in. If you are having a face-to-face discussion, you can use your phone or a voice recorder to capture it.
  • Authorizing someone else to record on your behalf. If you ask a friend to record a meeting you will attend, that recording is lawful because you, a party to the conversation, gave prior consent.

The one-party consent exception has clear boundaries. You cannot:

  • Record a conversation you are not part of and have no party's consent for. Placing a hidden recorder in a room to capture other people's private conversations without any participant's knowledge is illegal wiretapping.
  • Intercept communications between two other people. Tapping a phone line or using software to capture someone else's calls without their knowledge violates the statute.
  • Record in a private place without all-party consent. Maine's separate "private places" law (17-A M.R.S.A. § 511) overrides the one-party consent rule in specific locations.

The Private Places Exception

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

How 17-A M.R.S.A. § 511 Changes the Rules

Maine has a critical exception to the general one-party consent rule. Under 17-A M.R.S.A. § 511, it is a Class D crime to install or use any device in a "private place" to observe, photograph, film, record, amplify, or broadcast sounds or events occurring in that location without the consent of the person or persons entitled to privacy there.

"Private places" under Maine law include:

  • Bathrooms
  • Locker rooms
  • Changing rooms and dressing rooms
  • Hotel rooms and bedrooms
  • Any location where a person has a reasonable expectation of complete privacy

This means that the general one-party consent rule does not apply in these locations. Even if you are a participant in a conversation taking place in a bathroom or locker room, you need consent from everyone entitled to privacy there before recording audio.

Why This Matters for Audio Recording

The private places exception catches many people off guard because it creates a two-tier consent system in Maine:

LocationConsent RequiredStatute
Public sidewalkOne-party (or none)15 M.R.S.A. § 709(4)/710
Office or workplace common areaOne-party15 M.R.S.A. § 709(4)/710
Restaurant or storeOne-party15 M.R.S.A. § 709(4)/710
Bathroom or locker roomAll-party17-A M.R.S.A. § 511
Hotel room or bedroomAll-party17-A M.R.S.A. § 511
Changing room or dressing roomAll-party17-A M.R.S.A. § 511

Violating the private places rule is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

Recording Phone Calls in Maine

Maine a phone mounted on a windshield seen from inside a parked car, an empty street blurred ahead

Personal Phone Calls

You can record any personal phone call you participate in under Maine's one-party consent rule. This applies to:

  • Cell phone calls
  • Landline calls
  • VoIP calls through Zoom, Microsoft Teams, Google Meet, or similar platforms
  • Video call audio (FaceTime, WhatsApp video, etc.)
  • Calls made through messaging apps like Signal or Telegram

You do not need to play a beep tone, announce the recording, or get permission. Simply being a party to the call satisfies the consent requirement.

Business Phone Calls

Maine businesses can record calls for quality assurance, training, compliance, and dispute resolution. An employee who participates in the call provides the necessary one-party consent. Many businesses still announce recording as a best practice, using phrases like "This call may be recorded for quality assurance purposes."

The federal Telephone Consumer Protection Act and FCC regulations also apply to business call recording, particularly for telemarketing calls and calls to consumers.

A proposed Maine Online Data Privacy Act (LD 1822) died in the Legislature on April 13, 2026, so Maine has no comprehensive consumer data-privacy law governing how businesses store recorded calls.

Interstate Phone Calls

When you are in Maine calling someone in another state, the recording laws of both states may apply. Enter both states into our recording consent checker to find out which consent rule applies. If the other person is in a two-party consent state, a court may apply that state's law; courts decide case by case which state's law governs an interstate call. This is especially important for calls to neighboring states.

Neighboring states with stricter rules:

  • Massachusetts requires all-party consent
  • New Hampshire requires all-party consent

Other all-party consent states to watch for:

  • California, Connecticut, Delaware, Florida, Illinois, Maryland, Montana, Nevada, Pennsylvania, and Washington

If you regularly record calls with people in Massachusetts or New Hampshire, the safest approach is to inform all parties or get explicit consent before recording.

Recording In-Person Conversations

Maine a small audio recorder and over-ear headphones resting on a stack of legal documents

You can record in-person conversations in Maine when:

  • You are a direct participant in the conversation
  • You are in a public place where no reasonable expectation of privacy exists
  • One of the parties to the conversation has given you prior consent to record
  • The conversation is not taking place in a "private place" as defined by 17-A M.R.S.A. § 511

Public spaces like sidewalks, parks, government buildings, retail stores, and restaurants generally carry no expectation of privacy for conversations held at normal volume.

When Audio Recording Is Illegal

Recording becomes illegal when:

  • You are not a party to the conversation and have no participant's consent
  • You are recording in a "private place" without all-party consent
  • You are planting a hidden device and leaving the room to capture others' conversations
  • You are using intercepted communications for blackmail or extortion

Recording Conversations in Your Own Home

You can record conversations in your own home if you are participating. However, the private places exception still applies. You cannot:

Types of Audio Communications Covered

Wire Communications

Wire communications include traditional telephone calls, cell phone calls, and any communication that travels over a wire, cable, or similar connection at some point during transmission. Maine's one-party consent rule under 15 M.R.S.A. § 709(4) covers all wire communications.

Oral Communications

Oral communications are face-to-face, spoken conversations. Under 15 M.R.S.A. § 710, it is unlawful to intercept oral communications without authorization. The one-party consent exception in § 709(4) permits recording when you are a participant.

The Maine Legislature Law Library provides a helpful summary confirming that Maine's consent requirement extends to oral communications and explaining the interplay between the wiretapping statute and the private places statute.

Electronic Communications

Maine's wiretap chapter defines only wire and oral communications; it has no separate category for emails, text messages, or other electronic communications. Intercepting those in transit, or accessing them in storage, is governed by federal law: the Electronic Communications Privacy Act (18 U.S.C. § 2511) and the Stored Communications Act (18 U.S.C. § 2701).

Federal law also lets a participant record a call or conversation, but it adds a limit Maine's statute lacks: a participant's recording violates federal law if it is made to commit a crime or a tort, such as blackmail.

Penalties for Illegal Audio Recording in Maine

Criminal Penalties Under 15 M.R.S.A. § 710

Illegal interception of audio communications is a serious offense in Maine:

OffenseClassMaximum PrisonMaximum Fine
Intercepting communicationsClass C5 years$5,000
Disclosing intercepted communicationsClass C5 years$5,000
Possessing interception devicesClass C5 years$5,000
Selling interception devicesClass B10 years$20,000

Maine classifies crimes by letter rather than calling them felonies, but a Class C crime, with up to 5 years in prison, is felony-level. A conviction carries a permanent criminal record and potential collateral consequences including loss of professional licenses and firearm rights.

Private Places Violation Penalties

Violating the private places rule under 17-A M.R.S.A. § 511 is a Class D crime:

OffenseClassMaximum PrisonMaximum Fine
Recording in private places without all-party consentClass D364 days$2,000

Separately, under Maine's current sex offender registration act (34-A M.R.S.A. section 11273(14)), a conviction under 17-A M.R.S.A. section 511(1)(D), using equipment in a public place to view or record a part of someone's body concealed under clothing, is a Tier I registrable offense whatever the victim's age. So is a conviction under section 511(1)(F): any violation of privacy, including recording in a private place, committed to arouse or gratify sexual desire against a child under 16.

Civil Liability Under 15 M.R.S.A. § 711

Victims of illegal audio recording can sue under 15 M.R.S.A. § 711 for:

  • Actual damages, but not less than liquidated damages computed at $100 per day for each day of violation
  • Reasonable attorney fees and litigation costs

Section 711 does not include a punitive-damages provision; Maine common-law punitive doctrine could apply separately only where independent malice is shown.

The federal Wiretap Act (18 U.S.C. § 2520) also provides a parallel civil remedy: the greater of (1) actual damages plus the violator's profits, or (2) statutory damages of the greater of $100 per day of violation or $10,000, plus punitive damages in appropriate cases and attorney fees.

Using Audio Recordings as Evidence in Maine

Admissibility Standards

Recordings made lawfully under Maine's one-party consent law are generally admissible as evidence in both criminal and civil courts. However, the court will evaluate:

  • Authentication: Can you prove the recording is genuine and unaltered?
  • Relevance: Does the recording relate to an issue in the case?
  • Hearsay rules: Some statements may be excluded under the Maine Rules of Evidence.
  • Unfair prejudice: A court may exclude a recording whose value as evidence is substantially outweighed by the risk of unfair prejudice (Maine Rule of Evidence 403).

Best Practices for Preserving Recordings

To maximize the evidentiary value of your audio recordings:

  1. Use a reliable recording device or app. Smartphone voice memo apps and dedicated digital recorders both work well.
  2. Do not edit the recording. Preserve the original file in its entirety.
  3. Back up the recording immediately. Save copies to cloud storage and a separate device.
  4. Note the date, time, location, and participants. Write this information down as soon as possible after recording.
  5. Store the recording securely. Protect it from accidental deletion or unauthorized access.

Illegally Obtained Recordings

Recordings made in violation of Maine's wiretapping law are generally inadmissible in court. Using an illegally obtained recording can also expose you to criminal prosecution and civil liability, regardless of what the recording reveals.

Common Audio Recording Scenarios

Can I Record a Conversation With My Landlord?

Yes. If you are participating in a face-to-face or phone conversation with your landlord, Maine's one-party consent law permits you to record the audio. This is useful for documenting verbal agreements about repairs, lease disputes, or instances of harassment.

Can I Record My Doctor?

Yes. As a participant in the conversation, you can audio record your medical appointment. Many patients find this helpful for remembering complex treatment instructions or documenting informed consent discussions.

Can I Record My Boss at Work?

Yes. Under one-party consent, you can record workplace conversations you participate in, including meetings with your supervisor, HR representatives, or coworkers. Be aware that employer policies may prohibit recording, and violating those policies could result in termination even though the recording itself is legal.

Can I Record a Government Official?

Yes. You can audio record conversations with government employees you participate in. Maine's Freedom of Access Act (1 M.R.S.A. §§ 400-414) also permits recording of public government meetings.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you are part of. This is common in custody disputes. However, do not record your children's private conversations without being present, and do not use children to secretly record the other parent.

Maine's Interception Device Laws

Maine law goes beyond the act of recording itself. Under 15 M.R.S.A. § 710, it is also illegal to:

  • Possess interception devices designed or commonly used for intercepting wire or oral communications (Class C crime)
  • Sell, exchange, or furnish interception devices with intent to sell (Class B crime, up to 10 years and $20,000 fine)

These provisions do not apply to law enforcement officers acting under proper authorization, communication company employees acting in the normal course of employment, or Department of Corrections employees authorized to exercise law enforcement powers.

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Frequently Asked Questions

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

Yes. Maine is a one-party consent state under 15 M.R.S.A. § 709(4) read with § 710. As long as you are a participant in the conversation, you can record the audio without telling or getting permission from other parties. The only exception is in private places like bathrooms and locker rooms, where all-party consent is required under 17-A M.R.S.A. § 511.

Can I record a phone call in Maine?

Yes. You can record any phone call you participate in, including landline, cell phone, and VoIP calls. You do not need to announce the recording or get the other person's permission. For interstate calls to all-party consent states like Massachusetts or New Hampshire, a court may apply that state's law, so the safe practice is to get everyone's consent.

What is the penalty for illegal audio recording in Maine?

Illegal interception of audio communications is a Class C crime under 15 M.R.S.A. section 710, carrying up to 5 years in prison and a $5,000 fine. Selling interception devices is a Class B crime with up to 10 years in prison and a $20,000 fine. Victims can also sue for $100 per day in damages plus attorney fees under 15 M.R.S.A. § 711.

Does Maine's one-party consent rule apply in bathrooms and locker rooms?

No. Maine has a separate private places statute (17-A M.R.S.A. § 511) that requires all-party consent for recording in bathrooms, locker rooms, changing rooms, and similar private locations. This overrides the general one-party consent rule. Violating this law is a Class D crime with up to 364 days in jail.

Can audio recordings be used as evidence in Maine courts?

Yes. Audio recordings made lawfully under Maine's one-party consent law are generally admissible as evidence in both criminal and civil cases. The recording must be authenticated as genuine and unaltered. Illegally obtained recordings are typically inadmissible and could result in criminal charges against the person who made them.

Updates

We removed a changelog line that described a police-recording note this page does not contain.

Corrected the sex offender registration rule for Maine's violation-of-privacy law (now any-age registration for under-clothing surveillance and registration for sexual-purpose violations against children under 16), removed a Maine data privacy bill that died in April 2026, replaced 'the stricter state's law controls' with an accurate description of interstate calls, added Delaware and Nevada to the all-party list for calls, and noted that Maine's wiretap law does not cover emails or texts and that federal law adds a crime-or-tort limit.

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

Corrected the description of Project Veritas Action Fund v. Rollins: the First Circuit protected secret recording of police officers performing their duties in public, and set aside the broader ruling on all government officials as not ripe.

Corrected the statutory citation for Maine's one-party phone and audio consent rule: the page had repeatedly cited 15 M.R.S. § 712 (a narrow carrier/corrections exceptions provision) as the source, when the actual source is § 709(4)'s definition of 'intercept.' Also fixed the federal civil-damages formula under 18 U.S.C. § 2520.

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

Corrected the list of civil remedies under 15 M.R.S.A. section 711 to remove punitive damages, which the statute does not provide; it authorizes only actual/liquidated damages and attorney fees.

Corrected an overstated sex-offender-registration claim: Maine's registry statute (34-A M.R.S.A. section 11203(6)) ties registration specifically to a section 511(1)(D) conviction (public covert surveillance of concealed body parts, victim under 18) -- not generally to the private-places recording violation described in this section, even with the under-16/sexual-gratification enhancements.

Governing law re-checked for recent changes

Corrected KeyTakeaway classification: illegal audio interception is a Class C crime (not Class C felony) under 15 M.R.S. section 710 -- Class C in Maine is a felony-level offense but the statute uses the term crime. Fixed FAQ answer accordingly.

Reviewed and approved by an editor

Sources and References

  1. Maine Revised Statutes Title 15 § 710 - Criminal Offenses(legislature.maine.gov).gov
  2. Maine Revised Statutes Title 15 § 711 - Civil Remedy(legislature.maine.gov).gov
  3. Maine Revised Statutes Title 15 § 712 - Exceptions(legislature.maine.gov).gov
  4. 17-A M.R.S.A. § 511 - Violation of Privacy(legislature.maine.gov).gov
  5. Maine Legislature Law Library - Recording and Surveillance(legislature.maine.gov).gov
  6. FCC Guide on Recording Telephone Conversations(fcc.gov).gov
  7. 18 U.S.C. § 2511 - Federal Wiretap Act(law.cornell.edu)
  8. RCFP - Maine Recording Guide(rcfp.org)
  9. 18 U.S.C. § 2520 - Recovery of Civil Damages for Federal Wiretap Violations(law.cornell.edu)
  10. 15 M.R.S.A. § 709 - Definitions (source of one-party consent via the 'intercept' exclusion)(legislature.maine.gov).gov
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