Introduction
In the United States, one party consent laws regarding recording conversations vary from state to state. One party consent laws mean that only one person involved in a conversation needs to give consent for the recording to be legal. Several states have adopted one party consent laws. The one party consent states include Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
A majority of the states included have adopted one party consent laws. Only a few states, such as California, Delaware, Florida, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, have not adopted such laws, making it illegal to record a conversation without the consent of all parties involved in those states. It is important to note that the absence of one party consent laws in certain states does not necessarily mean that recording conversations is completely prohibited. Other laws and regulations may govern the recording of conversations in those states.
Recording Consent by State
State | One Party Consent Laws |
---|---|
California | No |
Delaware | No |
Florida | No |
Illinois | No |
Maryland | No |
Massachusetts | No |
Montana | No |
Nevada | No |
New Hampshire | No |
Pennsylvania | No |
Washington | No |
Alabama | Yes |
Alaska | Yes |
Arizona | Yes |
Arkansas | Yes |
Colorado | Yes |
Connecticut | Yes |
District of Columbia | Yes |
Georgia | Yes |
Hawaii | Yes |
Idaho | Yes |
Indiana | Yes |
Iowa | Yes |
Kansas | Yes |
Kentucky | Yes |
Louisiana | Yes |
Maine | Yes |
Michigan | Yes |
Minnesota | Yes |
Mississippi | Yes |
Missouri | Yes |
Nebraska | Yes |
New Jersey | Yes |
New Mexico | Yes |
New York | Yes |
North Carolina | Yes |
North Dakota | Yes |
Ohio | Yes |
Oklahoma | Yes |
Oregon | Yes |
Rhode Island | Yes |
South Carolina | Yes |
South Dakota | Yes |
Tennessee | Yes |
Texas | Yes |
Utah | Yes |
Vermont | Yes |
Virginia | Yes |
West Virginia | Yes |
Wisconsin | Yes |
Wyoming | Yes |
Single Party Consent States
The one party consent states (or single party consent states) are states that have adopted one party consent laws, where only one person involved in a conversation needs to give consent for the recording to be legal. In these states, individuals are allowed to record conversations without the knowledge or consent of the other party or parties involved. This can have various implications, such as enabling individuals to gather evidence for legal purposes, document important conversations, or protect themselves in certain situations. It is worth noting that even in one party consent states, there are limitations on the use and dissemination of recorded conversations.
The single party consent states are:
1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. Colorado
6. Connecticut
7. District of Columbia
8. Georgia
9. Hawaii
10. Idaho
11. Indiana
12. Iowa
13. Kansas
14. Kentucky
15. Louisiana
16. Maine
17. Michigan
18. Minnesota
19. Mississippi
20. Missouri
21. Nebraska
22. New Jersey
23. New Mexico
24. New York
25. North Carolina
26. North Dakota
27. Ohio
28. Oklahoma
29. Oregon
30. Rhode Island
31. South Carolina
32. South Dakota
33. Tennessee
34. Texas
35. Utah
36. Vermont
37. Virginia
38. West Virginia
39. Wisconsin
40. Wyoming
Two-Party Consent States
In the United States, two-party consent laws (or all-party consent) regarding recording conversations require the consent of all parties involved in the conversation for the recording to be legal. Several states have adopted two-party consent laws. These states include California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. In these states, it is generally illegal to record a conversation without the consent of all parties involved.
The all-party consent states are:
1. California
2. Delaware
3. Florida
4. Illinois
5. Maryland
6. Massachusetts
7. Montana
8. Nevada
9. New Hampshire
10. Pennsylvania
11. Washington
One Party Recording States
Alabama
One Party Consent Laws
Yes
Alabama is a one party consent state.
Alaska
One Party Consent Laws
Yes
Alaska is a one party consent state.
Arizona
One Party Consent Laws
Yes
Arizona is a one party consent state.
Arkansas
One Party Consent Laws
Yes
Arkansas is a one party consent state.
California
One Party Consent Laws
No
California is not a one party consent state, all parties must consent to the recording.
Colorado
One Party Consent Laws
Yes
Colorado is a one party consent state.
Connecticut
One Party Consent Laws
Yes
Connecticut is a one party consent state for in-person conversations or phone calls recorded by a participant of the conversation only.
Delaware
One Party Consent Laws
No
Delaware is not a one party consent state, all parties must consent to recording a conversation.
District of Columbia
One Party Consent Laws
Yes
District of Columbia is a one party consent state.
Florida
One Party Consent Laws
No
Florida is not a one party consent state, all parties must consent to the recording.
Georgia
One Party Consent Laws
Yes
Georgia is a one party consent state.
Hawaii
One Party Consent Laws
Yes
Hawaii is a one party consent state but requires two-party consent if the recording device is installed in a private place.
Idaho
One Party Consent Laws
Yes
Idaho is a one party consent state.
Illinois
One Party Consent Laws
No
Illinois is not a one party consent state for parties to electronic conversations or to record law enforcement officers in public.
Indiana
One Party Consent Laws
Yes
Indiana is a one party consent state.
Iowa
One Party Consent Laws
Yes
Iowa is a one party consent state.
Kansas
One Party Consent Laws
Yes
Kansas is a one party consent state.
Kentucky
One Party Consent Laws
Yes
Kentucky is a one party consent state.
Louisiana
One Party Consent Laws
Yes
Louisiana is a one party consent state.
Maine
One Party Consent Laws
Yes
Maine is a one party consent state.
Maryland
One Party Consent Laws
No
Maryland is not a one party consent state, all parties must consent to recording a conversation.
Massachusetts
One Party Consent Laws
No
Massachusetts is not a one party consent state, all parties must consent to the recording.
Michigan
One Party Consent Laws
Yes
Michigan is a one party consent state if the recording party is a participant in the conversation.
Minnesota
One Party Consent Laws
Yes
Minnesota is a one party consent state.
Mississippi
One Party Consent Laws
Yes
Mississippi is a one party consent state.
Missouri
One Party Consent Laws
Yes
Missouri is a one party consent state.
Montana
One Party Consent Laws
No
Montana is not a one party consent state, but requires notification only.
Nebraska
One Party Consent Laws
Yes
Nebraska is a one party consent state.
Nevada
One Party Consent Laws
No
Nevada is not a one party consent state.
New Hampshire
One Party Consent Laws
No
New Hampshire is not a one party consent state, all parties must consent to recording a conversation.
New Jersey
One Party Consent Laws
Yes
New Jersey is a one party consent state.
New Mexico
One Party Consent Laws
Yes
New Mexico is a one party consent state.
New York
One Party Consent Laws
Yes
New York is a one party consent state.
North Carolina
One Party Consent Laws
Yes
North Carolina is a one party consent state.
North Dakota
One Party Consent Laws
Yes
North Dakota is a one party consent state.
Ohio
One Party Consent Laws
Yes
Ohio is a one party consent state.
Oklahoma
One Party Consent Laws
Yes
Oklahoma is a one party consent state.
Oregon
One Party Consent Laws
Yes
Oregon is a one party consent state for electronic communications, but two party consent for in-person conversations.
Pennsylvania
One Party Consent Laws
No
Pennsylvania is not a one party consent state, it is a two-party consent state.
Rhode Island
One Party Consent Laws
Yes
Rhode Island is a one party consent state.
South Carolina
One Party Consent Laws
Yes
South Carolina is a one party consent state.
South Dakota
One Party Consent Laws
Yes
South Dakota is a one party consent state if the recording party is a participant in the conversation or has the consent of one participant.
Tennessee
One Party Consent Laws
Yes
Tennessee is a one party consent state.
Texas
One Party Consent Laws
Yes
Texas is a one party consent state.
Utah
One Party Consent Laws
Yes
Utah is a one party consent state.
Vermont
One Party Consent Laws
Yes
Vermont is a one party consent state.
Virginia
One Party Consent Laws
Yes
Virginia is a one party consent state.
Washington
One Party Consent Laws
No
Washington is not a one party consent state, it is a two-party consent state.
West Virginia
One Party Consent Laws
Yes
West Virginia is a one party consent state.
Wisconsin
One Party Consent Laws
Yes
Wisconsin is a one party consent state, but two party consent is required to be used in court.
Wyoming
One Party Consent Laws
Yes
Wyoming is a one party consent state.
FAQs
Is Texas a one party recording state ?
Yes, Texas is a one party recording state.
What does one party consent mean ?
One party consent means that only one person involved in a conversation needs to give consent for the recording to be legal.
Is Colorado a one party consent state ?
Yes, Colorado is a one party consent state.
Is Utah a one party consent state ?
Yes, Utah is a one party consent state.
Need to survey a highly targeted audience?
Talk to our Experts