TL;DR It depends on two things: whether you’re part of the conversation, and which state each person is in. So is it illegal to record a conversation? Under federal law, no — not if you’re one of the people talking and you aren’t recording to commit a crime or a tort. That rule is called one-party consentOne-party consent: a recording is lawful if at least one person in the conversation agrees to it — and that person can be you, the one holding the phone.. But states including California, Florida, Illinois, and Washington require all-party consentAll-party consent: everyone in a private conversation has to agree before it’s recorded. People also call it “two-party consent,” but it means every person, not just two. for a private conversation, and recording in secret there can be a crime. Secretly recording a private conversation you’re not part of is a federal crime in every state. Not sure? Ask — and get the yes on the recording.
“Can I Record This?” Secret Recordings, Consent, and the State-Line Problem
Your manager calls you into the back office to “talk about your hours.” Last time, what she said in that room and what she said afterward didn’t match. So this time your phone goes face-down on the desk, voice memo running. Was that smart, or was that a felony? It could be either, and the app has no idea which. The same tap is legal in Columbus, Ohio and can be a crime in Chicago. It changes again if the other person is on the phone in another state, and again if you leave the phone in the room and walk out. Here are the rules, four questions to ask before you hit record, and what to do if someone recorded you.Is It Illegal to Record a Conversation? The Short Answer
Start with the national rule. The federal Wiretap Act, 18 U.S.C. § 2511, makes it a crime to intentionally intercept — record or listen in on with a device — a phone call, an electronic communication, or a private spoken conversation. Then comes the exception that matters to you: under § 2511(2)(d), a private person may record when that person is a party to the conversation, or when one of the parties has given prior consent. The catch: the exception disappears if you record “for the purpose of committing any criminal or tortious act” — to blackmail someone, for example. Breaking the federal law carries up to five years in prison (§ 2511(4)(a)), and the person recorded can sue for actual damages or statutory damages of $100 a day or $10,000, whichever is greater (§ 2520). States write their own recording laws too, and a stricter state law still applies to you. Six statutes from different parts of the country:
- California — all parties. Penal Code § 632 covers a “confidential communication,” in person or by phone. Fine up to $2,500 per violation, up to a year in county jail, or state prison.
- Florida — all parties. Fla. Stat. § 934.03(2)(d) allows recording when all parties gave prior consent. A violation is a third-degree felony.
- Illinois — all parties. 720 ILCS 5/14-2(a)(2) covers recording a private conversation “in a surreptitious manner” without everyone’s consent. First offense: Class 4 felony (5/14-4).
- Washington — all parties. RCW 9.73.030 requires the consent of all participants in a private call or conversation. Gross misdemeanor (RCW 9.73.080).
- New York — one party. Penal Law §§ 250.00 and 250.05 define eavesdropping as recording by someone outside the conversation, without the consent of at least one party. Class E felony.
- Texas — one party. Penal Code § 16.02(c)(4) covers a party, or someone with one party’s prior consent, unless the recording is made to commit an unlawful act. Unlawful interception: second-degree felony.
Recording Situations, One by One
Situation 1 · Face to face You’re in the room and part of the conversationUnder federal law you’re a party, so you can record. New York, Texas, and Ohio work the same way. In an all-party state the question is whether the conversation was private. California’s law protects a communication that a party reasonably wants “confined to the parties thereto,” and leaves out situations where people may reasonably expect to be overheard or recorded. A closed-door talk with your landlord in Los Angeles, recorded without asking, is the risky version. Asking out loud and getting a yes keeps you inside every statute on this page.
Some all-party states have narrow exceptions for evidence of a crime. California Penal Code § 633.5 covers crimes such as extortion, kidnapping, or domestic violence. Florida’s § 934.03(2)(k) lets a child under 18 record a statement about an unlawful sexual act or act of violence against that child. Read the exact words first.
Situation 2 · Phone and video calls Can you record a phone call? The state-line problemIf you’re on the call — phone or video — federal law lets you record it. The trouble is the other end of the line, which may be in an all-party state. In Kearney v. Salomon Smith Barney (2006), a brokerage’s Georgia office recorded calls with California clients — legal under Georgia’s law. The California Supreme Court applied California’s all-party law to those calls anyway, though it did not make the firm pay damages for recordings already made.
The safe rule: if anyone on the call is in an all-party state, treat the whole call as all-party. Don’t know where they are? Ask. Washington’s statute shows why companies announce that a call is recorded: consent counts as obtained when one party announces “in any reasonably effective manner” that recording is about to start — and the announcement itself has to be on the recording.
Situation 3 · Not your conversation Recording other people’s conversations is eavesdroppingOne-party consent means someone actually in the conversation agreed. If you aren’t in it and nobody in it agreed, no one-party rule helps you. Leaving your phone recording in a room after you walk out, or hiding a recorder in someone’s car, is interception under federal law when the speakers had good reason to think nobody was recording.
New York calls it eavesdropping, a class E felony. In Ohio it’s a fourth-degree felony. Passing the recording around is its own violation: 18 U.S.C. § 2511(1)(c) covers disclosing what you know was illegally intercepted.
Situation 4 · Work and school Can you record your boss or your teacher?The criminal-law question is the same as anywhere: your state’s consent rule. Work and school add a second layer — their own rules. Many employers have rules against recording on the job, and in an at-will job, breaking a workplace rule can get you fired even when the recording broke no law. A school’s code of conduct can ban recording in class the same way; the consequence is discipline or a confiscated phone, not a criminal charge.
One exception: a federal regulation (34 CFR § 104.44(b)) says colleges that take federal money may not impose rules, such as a ban on tape recorders in classrooms, that limit a disabled student’s participation. Ask the disability services office and get approval in writing.
Situation 5 · Video and public places Video without audio, public places, and policeThe statutes above are about communications — words. Silent video is mostly handled by separate privacy laws built on the idea from Katz v. United States: a reasonable expectation of privacyReasonable expectation of privacy: the test for whether a place or conversation is legally private — you expected privacy, and society treats that expectation as reasonable. A bathroom stall, yes. A crowded sidewalk, no.. Filming what anyone can see in public generally doesn’t break them. Filming someone in a bathroom or changing room can — Texas Penal Code § 21.15, for example, makes it a state jail felony to record a person, without consent and with intent to invade their privacy, in a place where a person has a reasonable expectation of privacy. Turn the sound on and you’re back under the consent rules.
Public doesn’t mean anything goes for audio: Oregon requires that the people in a conversation be told. Recording police on duty has its own rules — see our guide to recording the police.
What to Say Before You Record a Conversation
Four questions first — then get the yes on the recording
1. Am I part of this conversation?
If you’re not one of the people talking, stop. Don’t record it.
2. Where is each person?If anyone is in an all-party state — or you don’t know — you need everyone’s consent.
3. Is this a private setting?A closed door, a phone call, someone’s home: assume the strict rule applies.
4. Do I have consent on the recording? Ask first, then start recording and ask again:“I’d like to record this so I have an accurate record. I’m recording now — can you confirm that’s okay with you?”
5. If they say no:“Okay, I’ve turned it off. I’ll take notes instead.” Then actually turn it off.
6. Make a record anyway. Write down the date, the time, who was there, and what was said. Then send a follow-up email or text: “To confirm what we talked about today…”
7. Already recorded and not sure it was legal? Don’t post it or pass it around. Show it to a lawyer before you use it.
What to Do If Someone Recorded You Without Permission
- Write down the facts today. The date and time, where each person was, whether it was a call or in person, and how you found out.
- Save the proof. Screenshot the post or message that mentions the recording. Don’t go through their phone.
- Look up your state’s law. Use the search above. The FCC’s consumer guide also points people to their state attorney general’s office.
- Report it. Call your local police non-emergency line or your county prosecutor’s office and ask how to file a report. If you’re a minor, bring a parent or another adult you trust.
- Watch the deadline. A federal lawsuit under 18 U.S.C. § 2520 must be filed within two years after you first had a reasonable opportunity to discover the violation. State deadlines differ, so talk to a lawyer in your state early.
Recording a Conversation: What You Can vs. Can’t Do
✓ YOU CAN
- Record a conversation you’re part of under federal law, and in one-party states such as New York, Texas, and Ohio
- Record any conversation once everyone in it has agreed
- Ask for consent out loud and capture the answer on the recording
- Sue under federal law if someone illegally intercepts your call or private conversation
✗ YOU CAN’T
- Secretly record a private conversation you’re not part of — anywhere
- Secretly record a private conversation in an all-party state such as California, Florida, Illinois, or Washington
- Record in order to commit a crime or a tort, even in a one-party state
- Assume your state’s rule covers a call with someone in another state
- Share a recording you know was illegally made
Recording Law Myths, Busted
Myth: “One-party consent means I can record other people’s conversations.”
False. The “one party” has to be someone actually in the conversation. Recording a private conversation you’re not in, with nobody’s consent, is interception under federal law.
Myth: “I live in a one-party state, so I can record anyone I call.”
Not safely. In Kearney, California applied its all-party law to calls recorded by an office in one-party Georgia. If the other person is in an all-party state, get their consent.
Myth: “A recording is proof — a court has to accept it.”
False. Federal law bars illegally intercepted calls and conversations from court (18 U.S.C. § 2515), and even a legal recording has to be shown to be what you say it is before a judge lets it in.
Myth: “In public, I can record any conversation I want.”
Too broad. California’s law leaves out conversations people can reasonably expect to be overheard. But Oregon’s statute requires telling the people in a conversation that you’re recording, and a federal appeals court upheld it in 2025.
Recording Questions People Actually Ask
Tap a question to open it.Can you record someone without their permission?
Sometimes. Under federal law, and in one-party states such as New York, Texas, and Ohio, you can record a conversation you’re part of without telling the other person, as long as you aren’t recording to commit a crime or a tort. In all-party states such as California, Florida, Illinois, and Washington, secretly recording a private conversation is against the law. Secretly recording a private conversation you’re not part of is a federal crime in every state.
Which states are one-party consent states?
It varies by state. New York, Texas, and Ohio follow the one-party rule, as federal law does. California, Florida, Illinois, Washington, Pennsylvania, Massachusetts, and Maryland require every party’s consent. Oregon uses one rule for calls and another for in-person conversations. To check your state, search its name plus “wiretapping statute” on your state legislature’s official statute site.
Can I record a phone call with someone in another state?
Only safely if you satisfy the strictest rule on the call. Federal law allows a party to record, but California has applied its all-party rule to calls recorded from a one-party state (Kearney v. Salomon Smith Barney, 2006). If you don’t know where the other person is, tell them you’re recording and get a yes on the recording.
Can I record my boss or my teacher?
It depends on your state’s consent rule, and it can cost you even where it’s legal. In a one-party state you can record a meeting or class you’re in; in an all-party state, a private conversation recorded in secret can be a crime. Separately, an employer or a school may have a no-recording rule. Breaking it can get you fired or disciplined.
Can a recording be used in court?
Sometimes. A lawfully made recording can be offered as evidence, but under Federal Rule of Evidence 901 the person offering it has to show it is what they claim it is, and other evidence rules still apply. Federal law keeps illegally intercepted calls and conversations out of court (18 U.S.C. § 2515), and California and Washington make illegal recordings inadmissible with limited exceptions. State courts follow their own rules.
What is the penalty for illegally recording a conversation?
Under federal law, up to five years in prison, plus a civil lawsuit for actual damages or statutory damages of $100 a day or $10,000, whichever is greater. State penalties vary: a gross misdemeanor in Washington, a third-degree felony in Florida and Pennsylvania, and a Class 4 felony for a first offense in Illinois.
Recording Law: Key Terms, Explained
One-party consent — the federal rule: a recording is lawful if one person in the conversation, including the person recording, agrees to it.
All-party consent — the stricter state rule: everyone in a private conversation must agree. Also called two-party consent.
Interception — the legal word for capturing the contents of a call or conversation with a device. Recording counts.
Oral communication — a spoken conversation by someone who reasonably expects it isn’t being intercepted. Think closed-door talk, not a shouted argument in a crowd.
Tortious act — a civil wrong you can be sued for. Recording for the purpose of committing one removes the federal one-party protection.
The Law Behind Recording a Conversation
The linked case has its own full breakdown in our case library.18 U.S.C. §§ 2511 and 2520 — the federal Wiretap ActThe national rule: intercepting calls and private conversations is a crime, with an exception for a party to the conversation or someone with one party’s prior consent — unless the recording is made to commit a crime or a tort. Section 2520 lets the person recorded sue.
Katz v. United States (1967)FBI agents attached a listening device to the outside of a public phone booth. The Supreme Court said “the Fourth Amendment protects people, not places.” Katz limits the government, not your classmates — but its privacy idea runs through recording statutes.Read the full case →
Kearney v. Salomon Smith Barney (Cal. 2006)The California Supreme Court applied California’s all-party law to calls a Georgia office recorded with California clients — the reason to follow the strictest state on a call.
Recording Law That’s Still Moving
The edges to watch as of October 2026:
- AI note-takers — in In re Otter.ai Privacy Litigation, a federal judge in California ruled on August 13, 2026 that federal Wiretap Act and California Penal Code §§ 631 and 632 claims over an AI meeting assistant could go forward. It is an early ruling, not a final one.
- Recording in public — in Project Veritas v. Schmidt, the Ninth Circuit, rehearing the case en banc (with a larger panel of judges), upheld Oregon’s tell-everyone rule in January 2025, and the Supreme Court declined the case in October 2025. There is still no nationwide ruling.
- State legislatures — Maryland’s Senate passed SB 661 by 36–2 in March 2026 to let certain recordings of crimes be used as evidence; it did not move past the House Judiciary Committee and did not become law. New York’s S5070, which would require a person recording to tell everyone present, went to the Senate Codes Committee in January 2026 and has not passed. One bill did become law: Louisiana’s HB 410 (Act 965), in effect August 1, 2026, requires a person who uses recording eyeglasses on a direct, in-person conversation they are part of to notify everyone in it, and allows a lawsuit for damages, with a list of exceptions.
One important note: your state decides this one. Federal law sets the one-party rule, but a stricter state law still binds you, and what counts as “private,” which exceptions exist, and how serious the charge is all differ by statute. Read your own state’s law before you record, and remember that one call can put you under two states’ rules.
The Bottom Line on Whether It Is Illegal to Record a Conversation
Four questions decide it: Are you part of the conversation? Where is each person? Is it private? Did you get consent on the recording? If you’re in the conversation and everyone is in a one-party state, the law is on your side. If anyone is in an all-party state, you need every yes. If it isn’t your conversation, put the phone away. And when you can’t tell, the fix takes five seconds: say you’re recording, and ask if that’s okay. Now you know.The other recording questionCan you record the police? → The privacy case behind itKatz v. United States, the full file → The whole subjectExplore Know Your Rights →
Sources
Primary sources:- 18 U.S.C. § 2511 — law.cornell.edu
- 18 U.S.C. § 2510 — law.cornell.edu
- 18 U.S.C. § 2520 — law.cornell.edu
- 18 U.S.C. § 2515 — law.cornell.edu
- California Penal Code § 632 — law.justia.com
- California Penal Code § 633.5 — law.justia.com
- Florida Statutes § 934.03 — leg.state.fl.us
- 720 ILCS 5/14-2 (Illinois) — ilga.gov
- 720 ILCS 5/14-4 (Illinois) — ilga.gov
- RCW 9.73.030 (Washington) — app.leg.wa.gov
- RCW 9.73.050 (Washington) — app.leg.wa.gov
- RCW 9.73.080 (Washington) — app.leg.wa.gov
- New York Penal Law § 250.00 — nysenate.gov
- New York Penal Law § 250.05 — nysenate.gov
- Texas Penal Code § 16.02 — law.justia.com
- Texas Penal Code § 21.15 — law.justia.com
- Ohio Revised Code § 2933.52 — codes.ohio.gov
- 18 Pa.C.S. § 5703 (Pennsylvania) — law.justia.com
- 18 Pa.C.S. § 5704 (Pennsylvania) — law.justia.com
- Massachusetts General Laws ch. 272, § 99 — malegislature.gov
- Maryland Courts and Judicial Proceedings § 10-402 — mgaleg.maryland.gov
- ORS 165.540 (in ORS chapter 165) — oregonlegislature.gov
- Kearney v. Salomon Smith Barney, Inc., 39 Cal.4th 95 (2006) — scocal.stanford.edu
- Katz v. United States, 389 U.S. 347 (1967) — supreme.justia.com
- Project Veritas v. Schmidt, No. 22-35271 (9th Cir. Jan. 7, 2025) (en banc) — ca9.uscourts.gov
- Supreme Court docket No. 24-1061 — supremecourt.gov
- In re Otter.ai Privacy Litigation, No. 25-cv-06911 (N.D. Cal. Aug. 13, 2026) — courtlistener.com
- Federal Rule of Evidence 901 — law.cornell.edu
- 34 CFR § 104.44 — law.cornell.edu
- FCC — Recording Telephone Conversations — fcc.gov
- Maryland SB 661 (2026) — bill history — mgaleg.maryland.gov
- New York S5070 (2025–2026) — bill status — nysenate.gov
- Louisiana Act 965 (HB 410, 2026 Regular Session) — text — legis.la.gov
- Louisiana HB 410 (2026) — bill history — legis.la.gov
LawJustic is for educational purposes only and does not provide legal advice. Recording law varies by state and keeps changing. If you’ve been recorded without your consent, or you’re thinking about using a recording in a dispute, talk to a licensed attorney in your state. Last reviewed: October 2026.