Is It Illegal to Record Someone Without Their Permission?

We are in the digital age, so it’s easy to whip out a phone or camera and take a quick photo or recording. However, it’s important to consider the ethics and legality of recording someone else without their consent. 

Whenever you go out in public, there is always a risk that you could be recorded, whether this is on a security camera, in the background of someone’s recording of a concert, or a stranger looking to save a picture of your hairstyle or clothing that they may want to emulate. 

Today, we’re going to help you understand when it’s illegal to video record someone without their consent in the United States, general tips for secretly recording someone, and a breakdown of recording laws by state. 

Is it Illegal to Video Record Someone Without Their Consent?

The short answer to whether it’s illegal to video record someone without their consent is it’s typically okay to record others in public, but not in private without their consent. 

However, there are many nuances to this rule, which is what we’ll be exploring in the following sections. 

The Federal Wiretap Act

In the 1960s, the United States government received backlash for recording phone lines. This outrage led to the Wiretap Act, which made it illegal for anyone to record electronic, telephonic, or oral communication secretly in settings where other parties can reasonably expect the setting to be private. 

“Reasonably expect” leads to many different interpretations of this rule, which we will discuss in our public vs. private section. 

According to Criminal Defense Lawyer, there are also two major exceptions to the Wiretap Act: 

• If the person is authorized by the law to secretly record others (such as a police officer collecting evidence against a criminal)

• If one person in the conversation consents to the recording (depending on the state)

Recordings Others in Public vs. Private 

So, is it illegal to record someone in public?

In general, no. According to Sparks Law, when an individual is on personal property, it’s expected that there is some level of privacy. Recording and photos are often left up to the owner’s discretion. If you choose to record or take pictures on another person’s property, the owner is within their rights to ask you to leave and even have you arrested for trespassing, depending on local laws. 

However, when an individual is in public, the short answer is no. It’s not illegal to film or take photos of another person in public. 

It’s expected that individuals realize that they are leaving the privacy of their homes, and they shouldn’t expect complete privacy from others. However, the laws do leave room for “appropriate filming” to be considered in public areas. 

For example, filming someone in the bathroom, or a dressing room, or trying to film down someone’s shirt or up their skirt would be considered illegal and, possibly, sexual harassment. 

Keep in mind that the above information is based on federal laws within the United States. State laws can and do affect this information and whether or not you can record on private property without consent. Continue reading for a full breakdown of whether it is illegal to record someone without the permission of the state. 

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Recording Laws by State

The following information on recording phone calls and conversations is based on information presented by Justia Law and was last reviewed in October 2021. 

Alabama

In Alabama, the law requires that you have the consent of at least one party to be able to record telephone or in-person conversations legally. An illegal recording is classified as a misdemeanor. 

Alaska

Alaska law requires that you have the consent of at least one party to record telephone or oral communications. Without permission, this is illegal and a misdemeanor. 

Arizona

Arizona law states that you need the consent of at least one person to record an in-person or phone conversation. Without permission, this is considered a felony, and a violater may also be liable to be charged with civil liability. 

Arkansas

Recording someone is a misdemeanor if you are not a party to the communication you’re recording in Arkansas. 

California

California requires the consent of all parties, with a minimum consent being the notification that the parties are being recorded in a confidential conversation with an audible beep at particular intervals throughout the recording. Without permission, an individual can face imprisonment and fines. In California, a confidential conversation is defined as a conversation where parties have a reasonable expectation of privacy and that nobody is listening or eavesdropping. Individuals who break this law may be subject to civil damages. 

Colorado

Without the consent of at least one person, the recording of an in-person conversation is a misdemeanor, while the recording of a phone conversation is considered a felony offense. 

Connecticut

In Connecticut, it’s a felony to record telephone or oral communication without at least one party’s consent. In the civil context, the law is against recording phone calls when you don’t have consent from all involved parties, either in writing or at the very beginning of the recording. This can also look like a notification at the very beginning of the call recording with a 15-second warning tone interval to disconnect if the individual doesn’t want to be recorded. Violators can be charged with costs, damages, and attorney fees in a civil suit.

Delaware

Delaware is a state that requires one person to consent to in-person or phone conversation recording. However, Delaware has conflicting privacy laws, making this a grey area, so we recommend further looking into the court rulings on this topic if you live in Delaware. 

Florida

Florida law requires the consent of all involved parties when recording telephone or in-person conversations. If you violate this law, you are subject to a misdemeanor or third-degree felony. The difference in charge depends on the offender’s conviction history and intent. They may also be subject to civil damages. 

Georgia

Georgia requires consent from at least one party when recording telephone or oral conversations. Violations of this law are considered felonies and may lead to prison time and fines for the offender. 

Hawaii

In Hawaii, you need the consent of at least one party to record phone or oral conversations. Violators can be fined, imprisoned, and may face civil damages. 

Idaho

Idaho laws require the consent of one or more parties when recording phone or oral conversations. Disregarding this law can lead to imprisonment, fines, and possible civil damages. 

Illinois

In Illinois, state laws require the consent of all parties when recording any communication or conversation. Violators may face felony charges and civil liability penalties. Recording in public places is allowed, but parties need to consent to record conversations whenever there is a reasonable expectation of privacy. 

Indiana

In Indiana, it’s required that you have the consent of at least one party before recording any electronic or telephone communication. This offense may be classified as a felony and may lead to imprisonment and fines. Violators may also be subject to civil liability. In-person conversations are not clearly addressed in Indiana law. 

Iowa

Iowa requires one party’s consent to record telephone, oral, or other types of communication. It is a felony to record any of these without the consent of one or more parties. It may also lead to civil liability. 

Kansas

In Kansas, it is a misdemeanor to record private communications or conversations without consent from at least one party. A violator may also be charged with civil damages. 

Kentucky

Without the consent of one or more parties, it’s a felony to record wire or oral communications. 

Louisiana

Louisiana is a state that requires the consent of at least one party in oral, electronic, or wire conversations. Violators may be charged with civil damages and fined or imprisoned. 

Maine

In Maine, it’s required that you have the consent of at least one party before recording phone or oral conversations. Violators may face jail time, fines, and possible civil liability charges. 

Maryland

Maryland is a state that requires the consent of all parties before you record any telephone or oral conversations. Violators may be fined, imprisoned, and face civil damages. 

Massachusetts

In Massachusetts, the law requires the consent of all parties to record telephone, wire, or oral communication. Violations of this law may lead to fines, felony charges, jail time, or civil damages.

Michigan

Michigan requires consent from all parties before in-person or telephone conversations are recorded. Violators may be charged with a felony, fines, civil damages, and jail time. Some courts in Michigan have interpreted their laws as only one-party consent required, though. 

Minnesota

Minnesota is a state that requires the consent of only one party to legally record telephone or oral conversations, as long as there isn’t tortious or criminal intent. Breaking this law can lead to civil liability charges, jail time, and fines. 

Mississippi

Mississippi requires the consent of one or more parties to record phone or in-person conversations. Violators can face civil damages, fines, and jail time. 

Missouri

In Missouri, the law makes it illegal to record phone conversations without at least one party’s consent. You also can’t record conversations with tortious or criminal intent. Offenses can be punished with felony charges, fines, jail time, and possible civil liability. 

Montana

In Montana, the state requires all parties to give consent for recorded telephone or in-person conversation, although there are certain exceptions for public entities and officials. Violating this law can lead to imprisonment and fines. 

Nebraska

Nebraska law makes it legal to record telephone or oral communication as long as one party gives consent and the recording isn’t made with tortious or criminal intent. In most cases, illegal recording in Nebraska will be considered a felony and possible civil liability. 

Nevada

Nevada law requires the consent of at least one party when secretly recording oral communication. All parties must consent to telephone conversation recordings. Violators of these laws may be charged with a felony and possible civil damages. 

New Hampshire

In New Hampshire, you need the consent of all parties to record telephone or in-person conversations. Someone who breaks this law may be charged with a felony, misdemeanor, or civil liability. 

New Jersey

New Jersey law requires the consent of at least one party for recording telephone or in-person conversations. Recordings cannot be made with tortious or criminal intent. Breaking this law can result in being charged with a crime in the third degree or civil damage charges. 

New Mexico

New Mexico has less clear laws when it comes to recording others without their permission. It appears that one party’s consent is required for electronic communications, but in-person conversations are less clear. Violators may be charged with misdemeanor or civil damage charges. 

New York

New York law requires that at least one party consents to the recording of in-person or telephone conversations. Breaking this law is considered a felony. 

North Carolina

North Carolina requires one-party consent for in-person or telephone communications for legal recording. Violations of this law are considered a felony and may also lead to civil damage charges. 

North Dakota

Recordings cannot be made with tortious or criminal intent. It is legal to record telephone or oral conversations when you have at least one party’s consent. Breaking this law is considered a felony. 

Ohio

In Ohio, it’s legal to create phone or oral conversation recordings when you have the consent of at least one party and are not recording with tortious or criminal intent. Violation is considered a felony, and individuals breaking the law may also be charged with civil liability. 

Oklahoma

Oklahoma state requires at least one party’s consent to record telephone or in-person conversations. Criminal and tortious intent when recording is not legal, and illegal recording may lead to felony charges, jail time, and fines. 

Oregon

Oregon law requires that in-person conversation recordings have the consent of at least one party, with the exception of situations where people should reasonably know that they are being recorded. It’s considered a misdemeanor, with possible civil damage charges, if this law is broken. 

Pennsylvania

Pennsylvania requires the consent of all parties for recording telephone or oral communications. Violators may be charged with a felony and possible civil liability. 

Rhode Island

The state of Rhode Island requires the consent of at least one party when you are recording phone or in-person communication, as long as the recording was not created with tortious or criminal intent. Violators may face jail times and civil damage charges. 

South Carolina

In South Caroline, it’s required that you have the consent of at least one party when recording telephone or in-person conversations. Civil liability and felony charges may be pressed if this law is violated. 

South Dakota

South Dakota requires the consent of at least one person when recording telephone or oral communications. Otherwise, you can be charged with a felony. 

Tennessee

Phone or in-person conversation may not be recorded without at least one party’s consent or when recorded with tortious or criminal intent. Violators may be given a restraining order, injunction, civil damage charges, or felony charges.

Texas

Texas law makes it a felony to record electronic or oral conversations without at least one party’s consent. Recordings may not be made with tortious or criminal intent. In addition to felony charges, offenders may face civil liability charges.

Utah

Utah law makes it legal to record telephone or oral communications with at least one party’s consent and no tortious or criminal intent. Offenders may face felony and civil liability charges. 

Vermont

Vermont does not have specific laws on recording conversations, except that police officers cannot make recordings of conversations within private property when they don’t have a warrant. 

Virginia

Virginia law requires the consent of at least one party when recording telephone or in-person conversations. Violators may face felony and civil damage charges. 

Washington

The consent of all parties is required in Washington state to record telephone and in-person conversations. Clear announcements made at the beginning of a recorded conversation are considered consent. Offenders may face gross misdemeanor and civil damage charges. 

West Virginia

West Virginia law makes it a felony to record phone or oral conversations without at least one person’s consent. Recordings can’t be made with tortious or criminal intent. Offenders may face fines, jail time, and civil damage charges. 

Wisconsin

In Wisconsin, it is illegal to record telephone or oral conversations without at least one individual’s consent or if you have tortious or criminal intent. Offenders may face felony and civil liability charges.

Wyoming

In Wyoming, you can face felony charges punishable by imprisonment and fines if you do not have at least one party’s consent when recording a phone or in-person communication. 

Tips for Secretly Recording 

After you’ve made yourself familiar with the laws on secretly recording others in your state, use the following tips to create recordings:

• Practice recording beforehand. Test how close you need your phone or recording device to be placed to record a clear message.

• Test the volume of your recording. Avoid placing your phone or device in tight pockets. Instead, choose loose-fitting pockets or a purse to give your device room to record. 

• Record the time and date on the recording device if possible.

• Always be on your best behavior. If you are using this recording as proof of a crime or harassment, ensure that you are always on your best behavior too, because everything on the recording can be used against you. 

Law Resources

For additional information about is it illegal to record someone without their consent, check out these resources: 

This video from Utah Law discusses the laws around recording phone calls without permission: 

For information about recording others in the workplace, watch this short video from Richard Celler Legal, P.A.:

Interested in learning more about filming in public? If you are a vlogger, content creator, or documentary creator, you may be especially interested in learning about the laws filming in public:

FAQs about Secretly Recording

Can you record someone without permission?

You are usually free to record others in public as long as it’s not an invasive recording, such as recording someone in the bathroom. In private, it will depend on your location. You can record someone without permission in certain states. Some states only require one party to give consent for a conversation to be recorded. Other states, like California, require all parties to give consent to be recorded. If consent is not gained, you can be charged with felonies, misdemeanors, fines, jail time, and much more. 

Is it illegal to record someone in public?

No, it is not usually illegal to record someone in public. If you are not on private property, it’s considered reasonable to expect that you may be recorded as you are not in private anymore. However, keep in mind that you may not record people in public where privacy would be expected, such as in a dressing room or bathroom. 

What do you do when someone videos you without their consent?

If you are being recorded without your consent in private, you may be able to sue this individual, typically in small claims court. Keep in mind that you will need proof that this person is recording you without your permission and in a way that violates your state laws. 

Can a secret recording be used as evidence?

A secret recording may be used as evidence in court in certain circumstances. However, take caution because these recordings can be disputed. You may even face criminal charges for taking the recording depending on the state where you took the recording and if you were given consent. 

Final Thoughts

In general, it’s not considered illegal to record others in public. However, private property or areas where others can expect reasonable levels of privacy can make it difficult to understand if it’s illegal to record someone else without their permission. If you are unsure, we recommend consulting directly with your state laws and a lawyer to ensure that you are not putting yourself at risk of serious criminal charges. 

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