> For the complete documentation index, see [llms.txt](https://runporter.gitbook.io/docs/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://runporter.gitbook.io/docs/recording-consent-by-state.md).

# Recording consent by state

Review general information about recording-consent requirements for in-person conversations in the United States.

## **Important information**

The information in this guide is **AI-generated and provided for general informational purposes only**. It is not legal advice and should not be used as a substitute for advice from a qualified attorney.

Recording and consent requirements vary by state, jurisdiction, type of conversation, and circumstances. Laws can also change over time or be interpreted differently by courts.

Each company should **consult with its own legal counsel** to determine which recording practices and consent requirements apply to its business, employees, customers, and locations.

***

## **Before recording**

Whether you need to ask for consent before recording depends on the laws and circumstances that apply to the conversation. The state-by-state information below provides general guidance and does not determine whether a specific recording is lawful.

If your business asks for consent before recording, you can include the request as part of your normal introduction before the conversation begins. When multiple people are participating, the consent requirements may depend on the circumstances and jurisdiction involved.

***

## **Do you need to record the consent?**

Whether consent needs to be documented or recorded also depends on the applicable law and circumstances. This guide does not establish that consent must be recorded, documented, or preserved in a particular way.

Your legal counsel can advise whether your business should document consent, record the consent itself, or use another form of disclosure or documentation for your specific situation.

***

## **State guide**

The information below provides general, AI-generated summaries of recording-consent considerations for **in-person conversations**.

Use it as a starting point when discussing your recording practices with legal counsel, rather than as a determination of what your business is legally required to do.

<table data-header-hidden><thead><tr><th width="125.444580078125"></th><th width="125.2222900390625"></th><th width="240.11083984375"></th><th width="142.2222900390625"></th><th width="124.6666259765625"></th></tr></thead><tbody><tr><td><strong>State / Jurisdiction</strong></td><td><strong>General in-person rule</strong></td><td><strong>What it generally means</strong></td><td><strong>Recommended Porter practice</strong></td><td><strong>Authority / Citation</strong></td></tr><tr><td>Alabama</td><td>One-party</td><td>A participant can generally record the conversation without obtaining consent from the other participants. If the recorder is not a participant, consent from at least one party is generally required.</td><td>Ask everyone before recording.</td><td>Ala. Code §§ 13A-11-30, 13A-11-31</td></tr><tr><td>Alaska</td><td>One-party</td><td>A participant can generally record an in-person conversation without obtaining consent from the other participants.</td><td>Ask everyone before recording.</td><td>Alaska Stat. § 42.20.310</td></tr><tr><td>Arizona</td><td>One-party</td><td>If you are participating in the conversation, your consent is generally sufficient to record it. Whether the conversation is private can affect how the law applies.</td><td>Ask everyone before recording.</td><td>Ariz. Rev. Stat. § 13-3005</td></tr><tr><td>Arkansas</td><td>One-party / broader statute</td><td>A participant can generally record an in-person conversation, or one party can provide consent. The statute does not expressly limit the rule to private conversations.</td><td>Ask everyone before recording.</td><td>Ark. Code § 5-60-120</td></tr><tr><td>California</td><td>All-party for confidential communications</td><td>If the conversation is confidential, you generally need the agreement of everyone involved before recording. A conversation taking place openly or without an expectation of confidentiality can be treated differently.</td><td>Obtain affirmative agreement from everyone.</td><td>Cal. Penal Code § 632</td></tr><tr><td>Colorado</td><td>One-party</td><td>If you are participating in a private conversation, your consent is generally sufficient to record it. Conversations without a reasonable expectation of privacy may be treated differently.</td><td>Ask everyone before recording.</td><td>Colo. Rev. Stat. § 18-9-304</td></tr><tr><td>Connecticut</td><td>One-party for in-person</td><td>For an in-person conversation, one participant's consent is generally enough. This is different from certain telephone-recording situations, which can have different requirements.</td><td>Ask everyone before recording.</td><td>Conn. Gen. Stat. § 53a-189</td></tr><tr><td>Delaware</td><td>Conflicting; conservative all-party</td><td>Delaware has conflicting legal provisions governing private conversations. One statute permits recording with one-party consent, while another requires consent from all parties to a private communication.</td><td>Obtain affirmative agreement from everyone.</td><td>Del. Code tit. 11 §§ 1335, 2402</td></tr><tr><td>District of Columbia</td><td>One-party</td><td>If you are participating in the conversation, your consent is generally enough to record it. Conversations that are openly occurring without a reasonable expectation of privacy may be treated differently.</td><td>Ask everyone before recording.</td><td>D.C. Code § 23-542</td></tr><tr><td>Florida</td><td>All-party for confidential communications</td><td>If the conversation is a confidential oral communication, you generally need the consent of all participants before recording. Conversations that are public or not reasonably private can be treated differently.</td><td>Obtain affirmative agreement from everyone.</td><td>Fla. Stat. § 934.03</td></tr><tr><td>Georgia</td><td>One-party</td><td>If you are participating in a private conversation, your consent is generally sufficient to record it. Conversations in public may be treated differently.</td><td>Ask everyone before recording.</td><td>Ga. Code §§ 16-11-62, 16-11-66</td></tr><tr><td>Hawaii</td><td>Split</td><td>One-party consent generally applies, but recording in a particularly private location can trigger a stricter rule. For example, recordings during private or home visits should be handled as requiring everyone's agreement.</td><td>For private/home visits, obtain agreement from everyone.</td><td>Haw. Rev. Stat. §§ 803-42, 711-1111</td></tr><tr><td>Idaho</td><td>One-party / privacy-based</td><td>For a protected/private conversation, at least one participant's consent is generally enough. Conversations that are not private may fall outside the recording restriction.</td><td>Ask everyone before recording.</td><td>Idaho Code § 18-6702</td></tr><tr><td>Illinois</td><td>All-party for private oral conversations</td><td>If the conversation is private, you generally need the consent of everyone participating before recording it. The key issue is whether the conversation qualifies as private under Illinois law.</td><td>Obtain affirmative agreement from everyone.</td><td>720 ILCS 5/14-2</td></tr><tr><td>Indiana</td><td>Unclear for in-person audio</td><td>Indiana's law does not provide a straightforward rule for every in-person recording situation. Its interception statute does not specifically address in-person conversations, and other privacy or surveillance laws may apply depending on the circumstances.</td><td>Use all-parties consent for private customer visits.</td><td>Ind. Code §§ 35-31.5-2-176, 35-33.5-5-5; Whitt v. Town of New Carlisle</td></tr><tr><td>Iowa</td><td>One-party / confidential conversation</td><td>If you are participating in a confidential in-person conversation, the consent of at least one participant is generally enough to record it.</td><td>Ask everyone before recording.</td><td>Iowa Code § 808B.2</td></tr><tr><td>Kansas</td><td>One-party</td><td>If you are a participant in the conversation, one party's consent is generally sufficient. The privacy circumstances surrounding the conversation can still matter.</td><td>Ask everyone before recording.</td><td>Kan. Stat. § 21-6101</td></tr><tr><td>Kentucky</td><td>One-party</td><td>If you are participating in the conversation, your consent is generally enough to record it without obtaining permission from everyone else.</td><td>Ask everyone before recording.</td><td>Ky. Rev. Stat. §§ 526.020, 526.030</td></tr><tr><td>Louisiana</td><td>One-party / private conversation</td><td>If you are participating in a private conversation, you can generally record it with the consent of at least one participant.</td><td>Ask everyone before recording.</td><td>La. Rev. Stat. § 15:1303</td></tr><tr><td>Maine</td><td>Split</td><td>One-party consent generally applies, but recording in particularly private locations can require a more cautious approach. For private or home visits, obtain everyone's agreement before recording.</td><td>For private/home visits, obtain agreement from everyone.</td><td>Me. Rev. Stat. tit. 15 §§ 709-710; tit. 17-A § 511</td></tr><tr><td>Maryland</td><td>All-party for private conversations</td><td>If the conversation is private, you generally need the consent of everyone involved before recording. Whether participants reasonably expected the conversation to remain private is important.</td><td>Obtain affirmative agreement from everyone.</td><td>Md. Cts. &#x26; Jud. Proc. § 10-402</td></tr><tr><td>Massachusetts</td><td>All-party / secret recordings</td><td>Secretly recording a conversation generally requires the consent of all participants. The rule is applied broadly to in-person conversations, so simply being part of the conversation does not necessarily allow you to secretly record it.</td><td>Obtain affirmative agreement from everyone.</td><td>Mass. Gen. Laws ch. 272 § 99</td></tr><tr><td>Michigan</td><td>Unsettled / conservative all-party</td><td>Michigan's law and court decisions leave some uncertainty about whether one participant can legally record a conversation without the others' consent. Because of that uncertainty, the conservative approach is to get everyone's agreement.</td><td>Use affirmative agreement from everyone.</td><td>Mich. Comp. Laws § 750.539c; case law</td></tr><tr><td>Minnesota</td><td>One-party</td><td>Michigan requires consent from all parties when a third party records a private conversation. Courts have also recognized an exception for participants who record their own conversations, but the Michigan Supreme Court has not definitively resolved that issue.</td><td>Ask everyone before recording.</td><td>Minn. Stat. § 626A.02</td></tr><tr><td>Mississippi</td><td>One-party</td><td>If you are participating in the conversation, the consent of at least one participant is generally enough to record it.</td><td>Ask everyone before recording.</td><td>Miss. Code § 41-29-531</td></tr><tr><td>Missouri</td><td>All-party for private in-person conversations</td><td>Private in-person conversations generally require the consent of all parties. Public or non-private conversations may be treated differently.</td><td>Obtain affirmative agreement from everyone.</td><td>Mo. Rev. Stat. § 542.402</td></tr><tr><td>Montana</td><td>All-party / knowledge-based</td><td>Hidden recording generally requires the participants to know about the recording. A clear warning or announcement can satisfy the requirement in circumstances covered by the statute, so the recording should not be secretly made.</td><td>Clearly disclose the recording and obtain agreement from everyone.</td><td>Mont. Code § 45-8-213</td></tr><tr><td>Nebraska</td><td>One-party / privacy-based</td><td>If the person being recorded has a reasonable expectation of privacy, consent from at least one party is generally required. Public conversations without that expectation may be treated differently.</td><td>Ask everyone before recording.</td><td>Neb. Rev. Stat. §§ 86-283, 86-290</td></tr><tr><td>Nevada</td><td>One-party for in-person</td><td>If the conversation is private and the person being recorded has a reasonable expectation of privacy, consent from at least one party is generally sufficient. Public conversations without that expectation may be treated differently.</td><td>Ask everyone before recording.</td><td>Nev. Rev. Stat. § 200.650</td></tr><tr><td>New Hampshire</td><td>All-party for private communications</td><td>If participants reasonably expect that a private communication will not be recorded, you generally need everyone's consent before recording it.</td><td>Obtain affirmative agreement from everyone.</td><td>N.H. Rev. Stat. §§ 570-A:1, 570-A:2</td></tr><tr><td>New Jersey</td><td>One-party / privacy-based</td><td>If you are participating in a private in-person conversation, one participant's consent is generally enough. The specific privacy circumstances can affect the analysis.</td><td>Ask everyone before recording.</td><td>N.J. Stat. §§ 2A:156A-2 to -4</td></tr><tr><td>New Mexico</td><td>No specific in-person consent requirement under recording statute</td><td>New Mexico's recording statute does not extend to ordinary in-person conversations, so it does not establish a general consent requirement for those recordings. Other privacy laws or circumstances may still apply.</td><td>Ask everyone before recording as a uniform business policy.</td><td>N.M. Stat. § 30-12-1</td></tr><tr><td>New York</td><td>One-party</td><td>If you are participating in the conversation, your consent is generally enough to record an in-person conversation.</td><td>Ask everyone before recording.</td><td>N.Y. Penal Law § 250.00</td></tr><tr><td>North Carolina</td><td>One-party / expectation of privacy</td><td>If the conversation is a protected oral communication, consent from at least one participant is generally enough. The rule focuses on communications in which privacy protections apply.</td><td>Ask everyone before recording.</td><td>N.C. Gen. Stat. §§ 15A-286, 15A-287</td></tr><tr><td>North Dakota</td><td>One-party / expectation of privacy</td><td>If the conversation is a protected oral communication, one participant's consent is generally enough to record it.</td><td>Ask everyone before recording.</td><td>N.D. Cent. Code §§ 12.1-15-02, 12.1-15-04</td></tr><tr><td>Ohio</td><td>One-party / expectation of privacy</td><td>If the communication is legally protected, consent from at least one participant is generally sufficient to record it. Whether the communication is one that receives protection under the statute matters.</td><td>Ask everyone before recording.</td><td>Ohio Rev. Code §§ 2933.51, 2933.52</td></tr><tr><td>Oklahoma</td><td>One-party / expectation of privacy</td><td>For a protected oral communication, one participant's consent is generally enough to make the recording.</td><td>Ask everyone before recording.</td><td>Okla. Stat. tit. 13 §§ 176.2, 176.4</td></tr><tr><td>Oregon</td><td>All-party notice</td><td>All participants generally must be specifically informed before an in-person conversation is recorded. This is a notice requirement rather than a requirement for affirmative verbal consent.</td><td>Obtain agreement from everyone before recording.</td><td>Or. Rev. Stat. § 165.540(1)(c); Project Veritas v. Schmidt, 125 F.4th 929 (9th Cir. 2025)</td></tr><tr><td>Pennsylvania</td><td>All-party</td><td>Recording an in-person conversation generally requires everyone's consent. In some circumstances, knowledge that the conversation is being recorded can be relevant to establishing consent.</td><td>Obtain affirmative agreement from everyone.</td><td>18 Pa. Cons. Stat. §§ 5703, 5704</td></tr><tr><td>Rhode Island</td><td>One-party</td><td>If you are participating in the conversation, one participant's consent is generally enough to record it.</td><td>Ask everyone before recording.</td><td>R.I. Gen. Laws § 11-35-21</td></tr><tr><td>South Carolina</td><td>One-party</td><td>If you are participating in the conversation, the consent of at least one participant is generally sufficient to record it.</td><td>Ask everyone before recording.</td><td>S.C. Code § 17-30-30</td></tr><tr><td>South Dakota</td><td>One-party / expectation of privacy</td><td>For protected oral communications, consent from at least one participant is generally enough. The expectation of privacy surrounding the conversation can matter.</td><td>Ask everyone before recording.</td><td>S.D. Codified Laws §§ 23A-35A-1, 23A-35A-20</td></tr><tr><td>Tennessee</td><td>One-party / expectation of privacy</td><td>For a protected oral communication, one participant's consent is generally sufficient to record it.</td><td>Ask everyone before recording.</td><td>Tenn. Code §§ 39-13-601, 40-6-303</td></tr><tr><td>Texas</td><td>One-party / expectation of privacy</td><td>If you are participating in a protected oral communication, your consent is generally enough to record the conversation.</td><td>Ask everyone before recording.</td><td>Tex. Penal Code § 16.02</td></tr><tr><td>Utah</td><td>One-party / expectation of privacy</td><td>For a protected oral communication, one participant's consent is generally sufficient. Whether the conversation is one that carries an expectation of privacy can still matter.</td><td>Ask everyone before recording.</td><td>Utah Code §§ 77-23a-3, 77-23a-4</td></tr><tr><td>Vermont</td><td>Federal baseline / limited state-specific law</td><td>The cited guide does not identify a specific general state statute governing in-person recording. The federal one-party-consent rule therefore serves as the baseline identified in the source.</td><td>Ask everyone before recording.</td><td>18 U.S.C. §§ 2510, 2511</td></tr><tr><td>Virginia</td><td>One-party / expectation of privacy</td><td>If you are participating in a protected oral communication, one participant's consent is generally sufficient to record it.</td><td>Ask everyone before recording.</td><td>Va. Code §§ 19.2-61, 19.2-62</td></tr><tr><td>Washington</td><td>All-party for private conversations</td><td>If the conversation is private, everyone participating generally needs to consent. Washington also permits consent through an effective announcement to everyone, provided the announcement itself is recorded.</td><td>Use a clear disclosure and obtain agreement from everyone.</td><td>Wash. Rev. Code § 9.73.030</td></tr><tr><td>West Virginia</td><td>One-party</td><td>If you are participating in the conversation, one-party consent generally permits the recording.</td><td>Ask everyone before recording.</td><td>W. Va. Code § 62-1D-3</td></tr><tr><td>Wisconsin</td><td>One-party</td><td>If you are participating in the conversation, one-party consent generally permits recording, although privacy considerations can still affect particular situations.</td><td>Ask everyone before recording.</td><td>Wis. Stat. § 968.31</td></tr><tr><td>Wyoming</td><td>One-party</td><td>If you are participating in the conversation, one-party consent generally permits you to record it.</td><td>Ask everyone before recording.</td><td>Wyo. Stat. § 7-3-702</td></tr></tbody></table>