Vermont
Vermont Audio Recording Laws
Vermont follows one-party consent for audio recording under federal law (18 U.S.C. 2511) because Vermont has no state wiretapping statute. As a participant, you may record a conversation without notifying others. Article 11 of the Vermont Constitution adds one significant limit on government action: the Vermont Supreme Court has held that police cannot secretly record a conversation inside a private home without a warrant, even when they were invited in as guests.
Vermont's Unique Legal Framework
No State Wiretapping Statute
Vermont stands alone among all 50 states because it has never enacted a dedicated wiretapping or electronic surveillance statute. Recording rights come from three sources:
- Federal wiretap law (18 U.S.C. 2511) provides the primary statutory authority
- Vermont Supreme Court case law defines privacy expectations
- Article 11 of the Vermont Constitution provides privacy protections
The Key Court Cases
State v. Blow (1991): The Vermont Supreme Court first held that warrantless electronic monitoring of a conversation inside a private home, carried out by police, offends the core values of Article 11. This established that the home gets heightened protection from secret government recording.
State v. Brooks (1991): Recording a conversation in a public parking lot was lawful because the location was open and accessible, so there was no reasonable expectation of privacy.
State v. Geraw (2002): Building on Blow, the court held that police detectives invited into a defendant's home could not secretly tape record the kitchen-table conversation without a warrant, even though they were lawfully present. This is a limit on government conduct under Article 11, not a general rule for private citizens. A private citizen who is a participant in a conversation, including one held inside someone else's home, remains covered by the ordinary one-party consent rule.
State v. Rheaume (2005): A hospital emergency room treatment area is not a private space, because it is freely accessible to staff, so a patient there does not have a reasonable expectation of privacy under Article 11. The case itself concerned a police officer's warrantless entry into the treatment area, but the same privacy standard governs whether a recording made there would violate Article 11.
One-Party Consent in Practice
One person in the conversation must know about and agree to the recording, and that person can be you. No announcement is required. If you are not a party to a conversation, you can still record it lawfully if at least one participant has consented, for example when a friend asks you to record their own phone call.
The consent exception has one limit under the federal statute that governs Vermont recordings: a recording is not protected if it is made for the purpose of committing a criminal or tortious act, such as blackmail or extortion, even if the person recording is a participant in the conversation (18 U.S.C. 2511(2)(d)).
Types of Audio Communications Covered
- Wire communications: phone calls, cell phones, VoIP
- Oral communications: in-person conversations with privacy expectations
- Electronic communications: texts, emails, video calls
Recording Phone Calls
You can record any call you participate in. This applies to cell phones, landlines, VoIP (Zoom, Teams, Meet), and messaging apps.
Interstate Calls
Vermont borders two all-party consent states:
- Massachusetts: all-party consent
- New Hampshire: all-party consent
For calls to these states, inform the other party or get consent. Other all-party consent states: California, Connecticut, Florida, Illinois, Maryland, Montana, Nevada, Pennsylvania, Washington.
Recording In-Person Conversations
Legal when: you participate, the conversation is in a public place, or you have one party's consent, including inside someone else's home if you are a participant.
Illegal when: you are not a party to the conversation and have no participant's consent, such as leaving a hidden device to capture a conversation you are not part of. Law enforcement faces an additional restriction: under Blow and Geraw, police cannot secretly record a conversation inside a private home without a warrant, even when invited in as guests.
Privacy Expectations by Location
| Location | Privacy Expectation | Key Authority |
|---|---|---|
| Public parking lot | None | State v. Brooks |
| Hospital ER | None | State v. Rheaume |
| Public streets/parks | None | First Amendment |
| Private home (vs. government recording) | Yes | State v. Blow; State v. Geraw |
| Hotel room | Yes | Common law |
| Private office (closed door) | Yes | Common law |
Penalties
Federal Criminal Penalties
| Offense | Maximum Penalty |
|---|---|
| Illegal interception (18 U.S.C. 2511) | 5 years, fines |
| Illegal disclosure | 5 years, fines |
Civil Remedies (18 U.S.C. 2520)
- Actual damages or statutory damages of $10,000 per violation (whichever greater)
- Punitive damages
- Attorney fees
Audio Recordings as Evidence
Lawfully recorded audio is generally admissible in Vermont courts. Illegally obtained recordings are typically inadmissible under Article 11. Standard authentication and relevance requirements apply.
More Vermont Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
Back to Vermont Recording Laws
More Vermont Recording Topics
More Vermont Laws
Frequently Asked Questions
Is it legal to audio record a conversation in Vermont without the other person knowing?
Yes. Vermont is a one-party consent state under federal law (18 U.S.C. 2511). As a conversation participant, you can record without telling others. Vermont has no state wiretapping statute.
Why does Vermont not have a wiretapping law?
Vermont is the only state that never enacted a comprehensive wiretapping statute. The legislature has considered such legislation but none has passed. Federal law (18 U.S.C. 2511) and state court decisions fill the gap.
Can I record a phone call with someone in Massachusetts from Vermont?
You should get consent first. Massachusetts requires all-party consent, and the stricter law typically applies to interstate calls.
What are the penalties for illegal audio recording in Vermont?
Federal law (18 U.S.C. 2511) provides up to 5 years imprisonment. Civil damages include $10,000 minimum per violation (18 U.S.C. 2520) plus attorney fees.
Can I place a hidden audio recorder in someone's home in Vermont?
It depends on whether you are a participant in the conversation. If you are, for example recording your own visit to someone else's house, Vermont's ordinary one-party consent rule applies and the recording is legal even without telling the homeowner. If you are not a party and have no participant's consent, planting a device to capture a conversation you are not part of is illegal interception. Law enforcement faces a separate, stricter rule: under State v. Geraw (2002), the Vermont Supreme Court held that police cannot secretly record inside a private home without a warrant, even when invited in as guests, because Article 11 of the Vermont Constitution limits government surveillance specifically.
The Law Behind This Article
This article rests on 2 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 365 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: US Recording Laws by State (2026): All 50 States Explained, Alabama Audio Recording Laws: Consent Rules and Penalties, Alabama Dashcam Laws: Legality, Mounting Rules, and Evidence Use
§ 2520Recovery of civil damages authorizedIn forcecited in 73 of our articles
Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate. In an action under this section, appropriate relief includes— such preliminary and other equitable or declaratory relief as may be appropriate; damages under subsection (c) and punitive damages in appropriate cases; and a reasonable attorney’s fee and other litigation costs reasonably incurred.
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: Alabama Phone Call Recording Laws: What You Need to Know, Alaska Phone Call Recording Laws: Rules for Landline, Cell, and VoIP (2026), Arkansas Audio Recording Laws: One-Party Consent Rules and Penalties (2026)
Search our full record of US law — 1.79 million sections, every state + federal →
Sources and References
- 18 U.S.C. 2511 -- Federal Wiretap Act(law.cornell.edu)
- 18 U.S.C. 2520 -- Civil Damages for Wiretap Violations(law.cornell.edu)
- Vermont Constitution -- Article 11(legislature.vermont.gov).gov
- FCC Guide on Recording Telephone Conversations(fcc.gov).gov
- Reporters Committee -- Vermont Recording Guide(rcfp.org)