One Party Consent States

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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

StateOne Party Consent Laws
CaliforniaNo
DelawareNo
FloridaNo
IllinoisNo
MarylandNo
MassachusettsNo
MontanaNo
NevadaNo
New HampshireNo
PennsylvaniaNo
WashingtonNo
AlabamaYes
AlaskaYes
ArizonaYes
ArkansasYes
ColoradoYes
ConnecticutYes
District of ColumbiaYes
GeorgiaYes
HawaiiYes
IdahoYes
IndianaYes
IowaYes
KansasYes
KentuckyYes
LouisianaYes
MaineYes
MichiganYes
MinnesotaYes
MississippiYes
MissouriYes
NebraskaYes
New JerseyYes
New MexicoYes
New YorkYes
North CarolinaYes
North DakotaYes
OhioYes
OklahomaYes
OregonYes
Rhode IslandYes
South CarolinaYes
South DakotaYes
TennesseeYes
TexasYes
UtahYes
VermontYes
VirginiaYes
West VirginiaYes
WisconsinYes
WyomingYes

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

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One Party Consent Laws

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Yes

Alabama is a one party consent state.

Alaska

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One Party Consent Laws

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Yes

Alaska is a one party consent state.

Arizona

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One Party Consent Laws

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Yes

Arizona is a one party consent state.

Arkansas

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One Party Consent Laws

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Yes

Arkansas is a one party consent state.

California

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One Party Consent Laws

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No

California is not a one party consent state, all parties must consent to the recording.

Colorado

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One Party Consent Laws

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Yes

Colorado is a one party consent state.

Connecticut

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One Party Consent Laws

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Yes

Connecticut is a one party consent state for in-person conversations or phone calls recorded by a participant of the conversation only.

Delaware

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One Party Consent Laws

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No

Delaware is not a one party consent state, all parties must consent to recording a conversation.

District of Columbia

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One Party Consent Laws

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Yes

District of Columbia is a one party consent state.

Florida

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One Party Consent Laws

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No

Florida is not a one party consent state, all parties must consent to the recording.

Georgia

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One Party Consent Laws

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Yes

Georgia is a one party consent state.

Hawaii

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One Party Consent Laws

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Yes

Hawaii is a one party consent state but requires two-party consent if the recording device is installed in a private place.

Idaho

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One Party Consent Laws

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Yes

Idaho is a one party consent state.

Illinois

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One Party Consent Laws

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No

Illinois is not a one party consent state for parties to electronic conversations or to record law enforcement officers in public.

Indiana

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One Party Consent Laws

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Yes

Indiana is a one party consent state.

Iowa

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One Party Consent Laws

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Yes

Iowa is a one party consent state.

Kansas

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One Party Consent Laws

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Yes

Kansas is a one party consent state.

Kentucky

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One Party Consent Laws

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Yes

Kentucky is a one party consent state.

Louisiana

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One Party Consent Laws

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Yes

Louisiana is a one party consent state.

Maine

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One Party Consent Laws

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Yes

Maine is a one party consent state.

Maryland

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One Party Consent Laws

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No

Maryland is not a one party consent state, all parties must consent to recording a conversation.

Massachusetts

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One Party Consent Laws

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No

Massachusetts is not a one party consent state, all parties must consent to the recording.

Michigan

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One Party Consent Laws

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Yes

Michigan is a one party consent state if the recording party is a participant in the conversation.

Minnesota

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One Party Consent Laws

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Yes

Minnesota is a one party consent state.

Mississippi

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One Party Consent Laws

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Yes

Mississippi is a one party consent state.

Missouri

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One Party Consent Laws

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Yes

Missouri is a one party consent state.

Montana

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One Party Consent Laws

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No

Montana is not a one party consent state, but requires notification only.

Nebraska

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One Party Consent Laws

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Yes

Nebraska is a one party consent state.

Nevada

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One Party Consent Laws

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No

Nevada is not a one party consent state.

New Hampshire

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One Party Consent Laws

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No

New Hampshire is not a one party consent state, all parties must consent to recording a conversation.

New Jersey

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One Party Consent Laws

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Yes

New Jersey is a one party consent state.

New Mexico

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One Party Consent Laws

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Yes

New Mexico is a one party consent state.

New York

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One Party Consent Laws

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Yes

New York is a one party consent state.

North Carolina

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One Party Consent Laws

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Yes

North Carolina is a one party consent state.

North Dakota

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One Party Consent Laws

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Yes

North Dakota is a one party consent state.

Ohio

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One Party Consent Laws

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Yes

Ohio is a one party consent state.

Oklahoma

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One Party Consent Laws

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Yes

Oklahoma is a one party consent state.

Oregon

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One Party Consent Laws

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Yes

Oregon is a one party consent state for electronic communications, but two party consent for in-person conversations.

Pennsylvania

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One Party Consent Laws

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No

Pennsylvania is not a one party consent state, it is a two-party consent state.

Rhode Island

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One Party Consent Laws

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Yes

Rhode Island is a one party consent state.

South Carolina

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One Party Consent Laws

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Yes

South Carolina is a one party consent state.

South Dakota

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One Party Consent Laws

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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

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One Party Consent Laws

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Yes

Tennessee is a one party consent state.

Texas

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One Party Consent Laws

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Yes

Texas is a one party consent state.

Utah

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One Party Consent Laws

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Yes

Utah is a one party consent state.

Vermont

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One Party Consent Laws

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Yes

Vermont is a one party consent state.

Virginia

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One Party Consent Laws

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Yes

Virginia is a one party consent state.

Washington

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One Party Consent Laws

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No

Washington is not a one party consent state, it is a two-party consent state.

West Virginia

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One Party Consent Laws

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Yes

West Virginia is a one party consent state.

Wisconsin

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One Party Consent Laws

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Yes

Wisconsin is a one party consent state, but two party consent is required to be used in court.

Wyoming

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One Party Consent Laws

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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.

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