Single Party Consent States

Introduction

Single party consent state, also known as one party consent state, can be defined as any state that allows an individual to record the conversation they take a part in without the other person’s consent. The majority of states within the U.S. have single party consent laws. However, other states have laws that require more than one person’s consent to record a spoken conversation. These are known as two party consent states, or all party consent states, where it is required by state law for all participants of a conversation to have provided their consent to be recorded when there is an expectation of privacy. The law covers both public and private spaces.

Many states simply interpret consent to mean that each party on a call must be explicitly informed that they might be recorded. In these cases, consent is given if the parties continue the conversation after being informed that it might be recorded, and thus the consent is implied. However, the lawful recording of conversations becomes ever more complex due to the fact that many phone calls cross state lines. In scenarios where a phone call includes more than one state’s laws, it becomes exceedingly difficult to properly sort out legal challenges.

Is it illegal to record someone without their permission?

It is legal to record someone within a public space without their permission. However, this changes once an individual is recorded in private without their consent. There are also ethical debates that emerge when discussing the legality of recording someone without their permission but it is a tool that can be extremely helpful to a criminal proceeding, for instance, if an individual has been recorded, unknowingly, admitting to a crime for example. Compared to if said individual was knowingly being recorded they may not be admitted to carrying out a criminal act. This is why this topic is highly contested as many are concerned about people’s individual rights, to not be recorded without their permission, and others are concerned with the benefits of recording individuals without their consent and how, for instance, it can assist in crime fighting.

Two Party Consent States

Two party consent states see the law differing between some states include, The law however differs between some states, for instance, Oregon applies one party consent for electronic communications but requires two party consent with in person conversations. Two party consent states include:

1. California
2. Delaware
3. Florida
4. Illinois
5. Maryland
6. Massachusetts
7. Montana
8. New Hampshire
9. Pennsylvania
10.  Washington

One Party Consent States

There are differences with the application of this one party consent law between states, for example, Michigan state law states that one can only record a conversation if they are a part of it. However, the general law is as stipulated, a person can record a conversation without the other person’s permission. The states that are one party consent include: 

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. District of Columbia
6. Georgia
7. Hawaii
8. Idaho
9. Indiana
10.  Iowa
11.  Kansas
12.  Kentucky
13.  Louisiana
14.  Maine
15.  Michigan
16.  Minnesota 
17.  Mississippi
18.  Missouri
19.  Nebraska
20.  New Jersey
21.  New Mexico
22.  New York
23.  North Carolina
24.  North Dakota
25.  Ohio
26.  Oklahoma
27.  Rhode Island
28.  South Carolina
29.  South Dakota
30.  Tennessee
31.  Texas 
32.  Utah
33.  Virgina
34.  West Virginia
35.  Wisconsin
36.  Wyoming

Mixed Party Consent States

These states see a mixture of both one party and two party consent, the legislation usually applies these laws differently depending on the means of communication (electronic or in person for instance) and thus applies these laws accordingly. The mixed party consent states are as follows:

1. Colorado
2. Connecticut
3. Nevada
4. Oregon