One-party or all-party? See whether you can legally record a conversation in your state — before you press record.
The federal baseline — and why your state can overrule it
Federal wiretap law (18 U.S.C. § 2511) allows one-party consent: if you are part of a conversation, you may record it. But that is a floor, not a ceiling — states are free to demand more, and ten of them require every party’s consent, while three split the rule between phone and in-person conversations. Where states disagree on a call that crosses state lines, courts generally look to the stricter law, which is why this lookup shows the statute’s own words wherever a rule is contested.
Private conversations only
Consent statutes protect conversations where the speaker has a reasonable expectation of privacy. They do not stop you recording a speech at a public meeting, a protest, or officers performing their duties in public — and they are not the only laws in play: workplace policies, voyeurism statutes and court rules can each add their own limits. Every rule here was checked against the statute itself in November 2026, and each result shows its citation.
Recording consent questions, answered
What do “one-party” and “all-party” consent actually mean?
One-party consent means only one person in the conversation — which can be you — has to agree to the recording. All-party (often called two-party) consent means everyone taking part must agree. Federal law, 18 U.S.C. § 2511, sets a one-party baseline, but states may be stricter, and about a fifth of them are.
Which rule applies if we are in different states?
The safest answer used by courts and lawyers: the strictest law among the states involved. If you are in a one-party state recording someone in an all-party state like California or Florida, assume the all-party rule governs — or simply ask for consent.
Can I record the police?
Every federal appeals court to decide the question has recognised a First Amendment right to record police officers performing their duties in public, openly. That is a different question from the consent statutes on this page, which govern private conversations — but secrecy, interference, and state audio rules can still complicate a recording, so record openly and do not interfere.
Does it matter if the conversation is in person or on the phone?
In most states, no — one rule covers both. But there are real exceptions: Connecticut’s all-party civil rule applies only to telephone calls, Oregon requires everyone to be informed for in-person conversations, and Nevada’s courts treat calls more strictly than face-to-face talk. The result above flags your state if it splits the two.
What if there was no expectation of privacy?
Almost every statute on this page protects only private conversations — speech where the speaker reasonably expects not to be intercepted. Shouting across a public square, speaking at a public meeting, or talking loudly in a crowd is generally not protected, whatever the state’s consent rule.
Why do some states’ rules sound uncertain?
Because some genuinely are. Delaware has two statutes pointing in opposite directions with no court decision reconciling them, and Michigan’s statute reads all-party while its courts apply it as one-party. Where the law is unsettled, the result says so — and the practical advice is the same everywhere: when in doubt, tell everyone and get agreement.
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