Recording Laws by State
A state-by-state reference on audio consent statutes and the right to record police in public. Compiled from the Reporters Committee for Freedom of the Press, ACLU guidance, Digital Media Law Project archives and Federal Circuit rulings. This is not legal advice — consult a licensed attorney before relying on any rule for a specific situation.
Look up your state
All-party (two-party) consent states
In these states, every party to a private conversation must consent to audio recording. Recording an officer in a public setting where no party has a reasonable expectation of privacy is usually still allowed — see each state's page.
- California — Cal. Penal Code § 632
- Connecticut — Conn. Gen. Stat. § 52-570d (civil) / § 53a-187 (criminal)
- Delaware — 11 Del. Code § 2402
- Florida — Fla. Stat. § 934.03
- Illinois — 720 ILCS 5/14-2
- Maryland — Md. Cts. & Jud. Proc. § 10-402
- Massachusetts — Mass. Gen. Laws ch. 272 § 99
- Michigan — Mich. Comp. Laws § 750.539c
- Montana — Mont. Code § 45-8-213
- New Hampshire — N.H. Rev. Stat. § 570-A:2
- Oregon — Or. Rev. Stat. § 165.540
- Pennsylvania — 18 Pa. Cons. Stat. § 5704
- Washington — Wash. Rev. Code § 9.73.030
By Federal Circuit
Federal Circuit rulings have been the most reliable source of citizen-recording protections. The 1st, 3rd, 4th, 5th, 7th, 9th, 10th and 11th Circuits have all affirmed a First Amendment right to record police in public. The 6th and 8th Circuits have not — qualified-immunity defenses are stronger there.