Is It Illegal To
Record a Conversation?
The answer depends entirely on where you are standing. In some states, it's your right. In others, it's a crime punishable by prison.
The Main Concept: Consent
Federal law (18 U.S.C. § 2511) requires One-Party Consent. This means you can record a conversation if YOU trigger the consent by simply being part of the call.
However, states can make stricter laws. 11 states have adopted Two-Party Consent (or "All-Party Consent") laws.
1. One-Party Consent States
Rule: If you are part of the conversation, you can record it secretly. You do not need to tell the other person.
Examples: Texas, New York, Virginia.
2. Two-Party Consent States
Rule: Everyone on the call must agree to be recorded.
The "Announcement" Rule: You don't always need them to say "I agree". If you say "This call is being recorded" and they keep talking, the courts generally consider that implied consent.
Examples: California, Florida, Massachusetts, Pennsylvania.
Check Your State Instantly
Don't guess. Check the specific statute for your location.
Launch State Map →Exceptions
Public Places: Generally, you can record anything where there is "no expectation of privacy" (e.g., a busy restaurant or street), regardless of consent laws.
Police: The First Amendment generally protects your right to record police in public in ALL states, provided you do not interfere.