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PROJECT DRTETHE COMPLETE RECORD

RESEARCH RESPONSIBLY / RECORDING LAWS

Before you record.
Know the rules.

A state-by-state starting point for audio consent, video privacy and calls that cross state lines. Follow the sources before pressing record.

DIRECTORY REVIEWED SEPTEMBER 9, 2026 · 50 STATES + D.C.

Research guidance, not permission to record. These are general starting points, not legal advice or a complete statement of current law. Exceptions, court decisions, civil liability and the facts of your situation matter. Linked guides have different update dates. Check the cited laws and newer decisions, and consult a qualified lawyer when uncertain.

CHECK BOTH ENDS OF THE CALL

One call. More than one law.

Your state’s rule may not be the only rule that applies. When participants are in different states, federal law and another state’s protections can matter. Do not rely on an area code, your own location, or the idea that federal one-party consent overrides state law.

  1. Establish where every participant actually is, including people joining a conference call.
  2. Read the sources for each relevant state and the federal provisions below. A court decides which law applies; “the stricter law always wins” is not a universal legal rule.
  3. As a cautious practice, get clear consent from everyone before starting the recording. If someone declines or the applicable rule is unclear, pause and obtain legal guidance. Consent alone does not resolve every privacy or publication issue.

Example: Kearney v. Salomon Smith Barney (California Supreme Court, 2006) ↗ illustrates why recording in one state does not necessarily avoid protections for a caller in another. See also RCFP introduction: interstate calls ↗.

Audio consent is only one part.

One-party does not mean anyone.

A one-party baseline generally means you participate in the conversation, or a participant gives prior consent. It is not permission to plant a recorder to capture other people’s private conversations. Criminal or tortious purposes may defeat an exception.

All-party, notice and privacy.

All-party usually means every participant, even if more than two people are involved. Some laws focus on secrecy, notice or a private/confidential conversation. A visible device or an app alert is not a universal substitute for valid consent.

A video can contain two recordings.

A camera’s audio track may trigger conversation-recording rules. Silent video still raises separate issues: hidden cameras, intimate images, private rooms, trespass and other privacy protections. A one-party audio label does not authorize private video surveillance.

Public does not settle everything.

Recording public officials can receive constitutional protection, subject to applicable restrictions. Do not assume every conversation in a public place is unprotected. Courtrooms, private property and sensitive spaces have additional rules; recording and publishing are separate questions.

Context and exceptions: RCFP recording guide introduction ↗. Read each state’s audio, hidden-camera and public-official sections below.

Choose the states involved.

Open a state to compare phone and in-person audio rules, then follow its video/privacy sources. The labels summarize a starting point; none is a legal clearance. RCFP links are independent legal guides, not state government websites. Each guide identifies statutes and cases for further research.

AlabamaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review secret observation while trespassing and criminal surveillance restrictions. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Alabama audio, video and statute guide ↗
Guide update shown: October 2025. Verify later law and decisions.

AlaskaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review nonconsensual viewing or recording involving nudity. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Alaska audio, video and statute guide ↗
Guide update shown: September 2019. Verify later law and decisions.

ArizonaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review protected rooms, undress and sexual activity, plus the statute’s specific exemptions. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Arizona audio, video and statute guide ↗
Guide update shown: September 2022. Verify later law and decisions.

Official statutes: A.R.S. § 13-3005: communications ↗ · A.R.S. § 13-3019: visual privacy ↗

ArkansasOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review secret viewing or filming of people in private areas. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Arkansas audio, video and statute guide ↗
Guide update shown: September 2019. Verify later law and decisions.

CaliforniaAll-party protections
Phone / audio calls
All-party consent; confidential calls and additional cellular/cordless-call protections.
In-person audio
All-party consent for confidential conversations. Public settings have specific exceptions.
Video / privacy
Review concealed cameras in private settings and separate intrusion / anti-paparazzi protections. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

California audio, video and statute guide ↗
Guide update shown: August 2021. Verify later law and decisions.

ColoradoOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review private-body images and consent; the guide also addresses recording police. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Colorado audio, video and statute guide ↗
Guide update shown: July 2022. Verify later law and decisions.

ConnecticutDifferent phone / in-person rules
Phone / audio calls
All-party consent or a statutory notice method to avoid civil liability; criminal law has a one-party baseline.
In-person audio
One-party baseline. Review the separate telephone civil statute, § 52-570d.
Video / privacy
Review voyeurism, lack of consent and reasonable expectations of privacy. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Connecticut audio, video and statute guide ↗
Guide update shown: October 2019. Verify later law and decisions.

DelawareOverlapping statutes
Phone / audio calls
Wiretap and privacy statutes differ. Obtain all-party consent and review both.
In-person audio
Overlapping one-party and all-party provisions; do not treat this as simple one-party permission.
Video / privacy
Review device installation in private places and recording people dressing or undressing. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Delaware audio, video and statute guide ↗
Guide update shown: October 2019. Verify later law and decisions.

District of ColumbiaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review hidden observation or devices recording restrooms, undress or sexual activity. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

District of Columbia audio, video and statute guide ↗
Guide update shown: October 2019. Verify later law and decisions.

FloridaAll-party protections
Phone / audio calls
All-party consent for covered calls.
In-person audio
All-party consent for protected conversations.
Video / privacy
Review video voyeurism, private exposure and recordings under or through clothing. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Florida audio, video and statute guide ↗
Guide update shown: October 2019. Verify later law and decisions.

GeorgiaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Private-place video generally requires all observed persons’ consent, even when the audio baseline is one-party. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Georgia audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

HawaiiOne-party + private-place limits
Phone / audio calls
One-party baseline.
In-person audio
One-party baseline, but separate private-place surveillance rules can require consent from everyone entitled to privacy.
Video / privacy
Review private-place surveillance and additional protections for undress and sexual activity. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Hawaii audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

IdahoOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review video voyeurism, privacy, consent and the statute’s purpose requirements. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Idaho audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

IllinoisAll-party private conversations
Phone / audio calls
All-party consent for covered private communications.
In-person audio
All-party consent for covered private conversations; reasonable expectations and surreptitious recording matter.
Video / privacy
Review residences, restrooms, changing areas and other protected spaces. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Illinois audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

IndianaPhone rule + in-person limits
Phone / audio calls
One-party baseline.
In-person audio
State interception statute does not expressly cover in-person speech; federal rules and unattended private-property surveillance restrictions still matter.
Video / privacy
Review unattended devices on another’s private property, voyeurism and drone restrictions. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Indiana audio, video and statute guide ↗
Guide update shown: August 2021. Verify later law and decisions.

IowaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review private nudity, consent and the statute’s sexual-purpose element. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Iowa audio, video and statute guide ↗
Guide update shown: October 2021. Verify later law and decisions.

KansasOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review private undress and concealed recordings under or through clothing. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Kansas audio, video and statute guide ↗
Guide update shown: July 2022. Verify later law and decisions.

KentuckyOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review voyeurism involving nudity or sexual conduct in private settings. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Kentucky audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

LouisianaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review video voyeurism, including hidden cameras and drones. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Louisiana audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

MaineOne-party + private-place limits
Phone / audio calls
One-party baseline.
In-person audio
One-party baseline; separate rules protect sounds from private places such as dressing rooms and bathrooms.
Video / privacy
Review private-place audio/video surveillance and concealed images through clothing. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Maine audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

MarylandAll-party protections
Phone / audio calls
A participating recorder generally needs all other parties’ consent.
In-person audio
All-party consent for protected private conversations. Criminal or tortious purposes are not excused by consent.
Video / privacy
Review bathrooms, dressing rooms, private residences and intimate-body images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Maryland audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

MassachusettsSecret-recording restrictions
Phone / audio calls
Secret recording is generally prohibited without all-party consent/knowledge.
In-person audio
The secret-recording restriction is not limited to private settings. Public-official exceptions require separate review.
Video / privacy
Review secret images of nudity or intimate body parts. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Massachusetts audio, video and statute guide ↗
Guide update shown: August 2021. Verify later law and decisions.

MichiganParticipant / third-party distinction
Phone / audio calls
Participant-recording case law differs from the all-party rule for nonparticipants; review before recording.
In-person audio
Do not reduce this to a one-party label. Participant exceptions and private-place surveillance rules both matter.
Video / privacy
Private-place surveillance restrictions cover both sound and images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Michigan audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

MinnesotaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review window surveillance, private rooms and places where people may undress. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Minnesota audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

MississippiOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review voyeurism in private spaces and the statute’s intent requirements. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Mississippi audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

MissouriDifferent phone / in-person rules
Phone / audio calls
One-party baseline for covered wire communications.
In-person audio
Oral-recording provisions depend on the device and circumstances; the guide recommends all-party consent for private conversations.
Video / privacy
Review private nudity, concealed intimate images and disclosure restrictions. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Missouri audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

MontanaAll-party knowledge / notice
Phone / audio calls
Hidden recording generally requires everyone’s knowledge; warning and statutory exceptions matter.
In-person audio
Hidden recording generally requires everyone’s knowledge. Review the warning provision rather than assuming silent consent.
Video / privacy
Review secret filming of residential occupants and private nudity. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Montana audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

NebraskaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review secret images of undress or intimate body parts. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Nebraska audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

NevadaDifferent phone / in-person rules
Phone / audio calls
All-party consent under the court interpretation described in the guide; the statutory wording alone can mislead.
In-person audio
One-party baseline for private conversations.
Video / privacy
Review intimate-body images, concealed cameras and disclosure. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Nevada audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

New HampshireAll-party protections
Phone / audio calls
All-party consent for covered calls.
In-person audio
All-party consent for protected conversations.
Video / privacy
Review private-place image/sound surveillance and concealed intimate images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

New Hampshire audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

New JerseyOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review intimate images, sexual activity and disclosure restrictions. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

New Jersey audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

New MexicoState scope + federal baseline
Phone / audio calls
One-party baseline for covered telephone communications; wireless scope needs care. Federal law still applies.
In-person audio
State wiretap law does not generally cover face-to-face recording; the federal one-party baseline and privacy laws remain relevant.
Video / privacy
Review intimate-area images and concealed recordings through clothing. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

New Mexico audio, video and statute guide ↗
Guide update shown: April 2020. Verify later law and decisions.

New YorkOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review unlawful surveillance, protected rooms, intimate images and purpose requirements. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

New York audio, video and statute guide ↗
Guide update shown: May 2020. Verify later law and decisions.

North CarolinaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review secret intimate images, private-room recording and disclosure. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

North Carolina audio, video and statute guide ↗
Guide update shown: April 2020. Verify later law and decisions.

North DakotaOne-party + wireless scope
Phone / audio calls
One-party baseline for covered calls; do not treat older uncertainty about wireless scope as permission. Federal law still applies.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review entry onto another’s property and private or intimate surveillance. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

North Dakota audio, video and statute guide ↗
Guide update shown: April 2020. Verify later law and decisions.

OhioOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review voyeurism, privacy invasion and concealed intimate images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Ohio audio, video and statute guide ↗
Guide update shown: April 2020. Verify later law and decisions.

OklahomaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review clandestine recording, private areas, purpose requirements and disclosure. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Oklahoma audio, video and statute guide ↗
Guide update shown: July 2022. Verify later law and decisions.

OregonPhone consent / conversation notice
Phone / audio calls
One-party baseline for telephone calls; video conferencing is included in the statutory “conversation” category.
In-person audio
Participants generally must be specifically informed, subject to exceptions. The 2025 en banc ruling rejected the constitutional challenge; older 2023 summaries are outdated.
Video / privacy
Review invasion-of-personal-privacy laws for nudity and intimate-area images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Oregon audio, video and statute guide ↗
Guide update shown: October 2023. Verify later law and decisions.

Use the later sources for the audio rule: Official ORS §§ 165.535–165.543 ↗ · 2025 en banc opinion (PDF) ↗. The guide’s October 2023 discussion predates that ruling.

PennsylvaniaAll-party protections
Phone / audio calls
All-party consent for covered calls.
In-person audio
All-party consent for protected conversations.
Video / privacy
Review invasion of privacy involving nudity, intimate images and transmission. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Pennsylvania audio, video and statute guide ↗
Guide update shown: August 2020. Verify later law and decisions.

Rhode IslandOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review video voyeurism and intimate-area images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Rhode Island audio, video and statute guide ↗
Guide update shown: April 2020. Verify later law and decisions.

South CarolinaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review voyeurism and private-setting recording. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

South Carolina audio, video and statute guide ↗
Guide update shown: April 2020. Verify later law and decisions.

South DakotaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review hidden-camera and privacy restrictions. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

South Dakota audio, video and statute guide ↗
Guide update shown: April 2020. Verify later law and decisions.

TennesseeOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review private images, consent and surveillance restrictions. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Tennessee audio, video and statute guide ↗
Guide update shown: June 2020. Verify later law and decisions.

TexasOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review invasive visual recording and protected intimate areas or spaces. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Texas audio, video and statute guide ↗
Guide update shown: June 2020. Verify later law and decisions.

UtahOne-party + surveillance limits
Phone / audio calls
One-party baseline.
In-person audio
One-party baseline; separate private-place surveillance restrictions also apply.
Video / privacy
Review hidden cameras and audio devices in private places. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Utah audio, video and statute guide ↗
Guide update shown: July 2022. Verify later law and decisions.

VermontFederal baseline + state privacy
Phone / audio calls
The guide identifies no general state wiretap statute. Apply federal one-party requirements and other applicable laws.
In-person audio
No general state recording statute identified in the guide; federal and state privacy protections still apply.
Video / privacy
Review voyeurism, intimate images, sexual acts and disclosure. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Vermont audio, video and statute guide ↗
Guide update shown: June 2020. Verify later law and decisions.

VirginiaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review private nudity and concealed intimate-body images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Virginia audio, video and statute guide ↗
Guide update shown: June 2020. Verify later law and decisions.

WashingtonAll-party private conversations
Phone / audio calls
All-party consent for private communications; a reasonably effective recorded announcement is a statutory consent method.
In-person audio
All-party consent for private conversations; read the announcement rule and exceptions.
Video / privacy
Review voyeurism, intimate images and statutory intent requirements. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Washington audio, video and statute guide ↗
Guide update shown: June 2020. Verify later law and decisions.

West VirginiaOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review private nudity and nonconsensual images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

West Virginia audio, video and statute guide ↗
Guide update shown: December 2021. Verify later law and decisions.

WisconsinOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review private-place surveillance and concealed intimate-body recordings. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Wisconsin audio, video and statute guide ↗
Guide update shown: June 2020. Verify later law and decisions.

WyomingOne-party baseline
Phone / audio calls
One-party baseline for covered calls.
In-person audio
One-party baseline for protected conversations.
Video / privacy
Review secret recording in enclosed private places and concealed intimate images. Consult the guide’s Hidden cameras section for statutes and exceptions; audio rules still apply when sound is captured.

Wyoming audio, video and statute guide ↗
Guide update shown: July 2022. Verify later law and decisions.

Read the federal foundation.

These links reproduce federal statutes at Cornell’s Legal Information Institute. Federal permission is not a substitute for checking applicable state law.

Interception and consent ↗

18 U.S.C. § 2511(2)(d) generally provides a participant / prior one-party-consent exception for a person not acting under color of law, except where interception is for a criminal or tortious purpose. The section also addresses use and disclosure.

Definitions and protected speech ↗

18 U.S.C. § 2510 defines wire, oral and electronic communications. The oral-communication definition includes a justified expectation against interception.

Civil remedies ↗

18 U.S.C. § 2520 provides civil remedies for qualifying unlawful interception, disclosure or use. Criminal compliance is not the only question to examine.

Federal video voyeurism ↗

18 U.S.C. § 1801 addresses certain nonconsensual private-area images within the special maritime and territorial jurisdiction of the United States. It is not a general nationwide filming-consent rule; state laws remain important.

Keep the complete record.

After a lawful recording, preserve the original file, date, context and how consent was obtained. Label edits and excerpts. A recording is evidence to evaluate in context, not automatic proof of a theory.

Found a changed law or broken source? Use our Corrections Log and contact information to flag the exact state, source and proposed correction.