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Audio Recording Laws by State

Most state wiretapping and eavesdropping laws are based upon the federal law and allow recording with the consent of one party to the conversation. Each state and territory has its own statutes regarding the recording of Audio conversations. 

The 37 states which allow “one party consent” recording of oral communications are: Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, 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.  The District of Columbia also allows people to record conversations with the consent of only one party.  Nevada has a one party consent statute but there is some question as to how the law should be interpreted by the courts – it could be considered an “all party consent” state.

The 12 states which definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.  (In California, there is an exception – you can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved.