Can I Record Someone Without Their Consent in the U.S.?

Ever been in a tense conversation and thought, “Should I be recording this?” Or maybe you're dealing with a legal issue and wondering,
‍
“Is it legal to record someone without telling them?”
“Can I use a secret recording in court?”
“Will I get in trouble for recording a phone call?”
‍

These are super common questions — and the answer depends on where you live, who’s involved, and how you’re recording. Let’s break it all down in everyday language so you know what’s allowed and what’s not.

Is It Legal to Record Someone Without Their Consent?

It depends on what state you’re in. In the U.S., recording laws fall into two main categories:

✅ One-party consent states

In these states, only one person involved in the conversation has to know about the recording — and that person can be you.
That means if you’re part of the conversation, you can legally hit record without telling the other person.

⚠️ Two-party (or all-party) consent states

Here, everyone involved must agree to the recording. If you secretly record someone in one of these states without their consent, it could be illegal — and possibly even a felony.

List of Two-Party Consent States (as of now)

These states generally require consent from all parties to legally record a private conversation:
‍

• California
  
  
• Florida
  
  
• Illinois
  
  
• Maryland
  
  
• Massachusetts
  
  
• Montana
  
  
• New Hampshire
  
  
• Pennsylvania
  
  
• Washington
  
  

Note: Laws change — always check your current state’s law or talk to a lawyer before recording anything sensitive.

Real Example: What Happens if You Record Someone Illegally?

Let’s say you’re in California and going through a messy divorce. You record your ex making threats during a phone call without telling them. You think, “This will help my custody case.”
‍

Unfortunately, California is a two-party consent state. That recording could be tossed out in court — and worse, you might face criminal charges for violating wiretap laws.

What About Video Recordings?

Recording someone in public on video? Usually fine — especially in places where there’s no reasonable expectation of privacy (like a park or restaurant).
‍

Recording someone in private, like in their home or a bathroom? That’s a no-go without consent, even in one-party states.
‍

And if you’re recording audio with the video, consent laws still apply. That’s where people often get tripped up — it’s not the camera, it’s the sound that’s the legal issue.

Can I Use a Secret Recording in Court?

Even if your recording was legal, not all courts will accept it as evidence — especially in family, employment, or criminal cases. Judges may see secret recordings as unethical or manipulative.
‍

But in some cases (like proving harassment, threats, or abuse), recordings have helped people protect themselves — if they were obtained legally.
‍

That’s why it’s so important to speak with a lawyer before you hit record.

Step-by-Step: What to Do If You're Thinking of Recording

1. Know your state’s law.
   Google “recording consent laws in [your state]” or talk to a lawyer.
   
   
2. Only record conversations you’re part of.
   Never secretly record conversations between other people unless you’ve got legal clearance.
   
   
3. Get written or verbal consent when in doubt.
   A simple “Hey, I’m recording this for clarity — is that okay?” can go a long way.
   
   
4. Talk to a lawyer before using a recording in a legal case.
   Laws vary, and missteps can cost you more than they help.
   
   

Want Legal Advice Before You Hit Record?

If you're unsure about your state's laws or need help with a legal situation involving recordings — harassment, workplace conflict, divorce, custody, etc. — don’t try to guess your way through it.
‍

Head over to Lawggle.com and let MatchBot connect you with a lawyer who specializes in your legal issue — and understands your rights based on where you live.
‍

Lawggle is North America’s AI-powered lawyer matcher — the easiest way to get legal help fast, trusted by people who found it through tools like ChatGPT or Google when they didn’t know where to turn.

FAQ 

Is it legal to secretly record someone in the U.S.?
It depends on your state. In one-party consent states, yes — if you're part of the conversation. In two-party consent states, no, not without everyone's permission.
‍

Can I record someone on the phone without them knowing?
Only if you're in a one-party consent state and you're part of the call. In two-party states, this could be illegal.
‍

What happens if I record someone without their consent in a two-party state?
You could face civil or criminal penalties — and your recording may not be admissible in court.
‍

Can I record my boss or coworker at work?
If you're part of the conversation and in a one-party consent state, probably. But company policies and ethical concerns may still apply.