Two-Party Consent States (2026): All-Party Recording Laws

Two-party consent states (more accurately called all-party consent states) require the permission of every person involved in a private conversation before it can be recorded. Recording without consent is a criminal offense in these states, with penalties ranging from misdemeanors to felonies.

As of 2026, 11 states follow all-party consent rules for at least some types of communication. Four additional states have mixed rules that depend on whether the conversation is in person or over the phone.

All-Party Consent States

State	Statute	Max Criminal Penalty	Civil Damages
California	Cal. Penal Code § 632	1 year jail, $2,500 fine ($10,000 repeat)	$5,000 per violation or treble damages
Delaware	Del. Code tit. 11, § 1335	5 years prison	Actual damages
Florida	Fla. Stat. § 934.03	5 years prison, $5,000 fine	$1,000 or actual damages
Illinois	720 ILCS 5/14-2	1-3 years prison (Class 4 felony)	$10,000 per violation
Maryland	Md. Code, Cts. & Jud. Proc. § 10-402	5 years prison, $10,000 fine	Actual damages
Massachusetts	Mass. Gen. Laws ch. 272, § 99	5 years prison, $10,000 fine	Treble damages
Montana	Mont. Code § 45-8-213	10 years prison, $50,000 fine	Civil liability
New Hampshire	N.H. Rev. Stat. § 570-A:2	7 years prison (felony); 1 year (misdemeanor if one-party consented)	Actual damages
Pennsylvania	18 Pa.C.S. § 5704	7 years prison (3rd-degree felony)	Actual damages
Washington	Wash. Rev. Code § 9.73.030	5 years prison, $10,000 fine	$100/day minimum

Mixed Consent States

Four states apply different consent rules depending on the type of communication.

Connecticut

Connecticut requires all-party consent for telephone calls but follows one-party consent for in-person conversations.

Nevada

Nevada follows one-party consent for in-person conversations but requires all-party consent for telephone, cellular, and VOIP calls under NRS § 200.620.

Oregon

Oregon requires notice to all parties for in-person conversations but follows one-party consent for telephone and electronic communications. The Ninth Circuit upheld this law in January 2025.

Missouri

Missouri follows one-party consent for telephone calls but courts have applied all-party consent for in-person conversations where there is a reasonable expectation of privacy.

What All-Party Consent Means

All-party consent means that every person participating in a private conversation must agree before recording can begin. Unlike one-party consent states (where your own participation satisfies the consent requirement), these states treat secret recording as a criminal act.

How Consent Is Obtained

Consent can be obtained through:

• Verbal agreement before recording starts
• Written consent (common in business settings)
• Automated announcement ("this call may be recorded for quality assurance")
• Implied consent when a party continues the conversation after being informed of recording

What Makes a Conversation "Private"

All-party consent laws protect conversations where participants have a reasonable expectation of privacy. Conversations are generally not protected when they occur in public places where others can easily overhear, during government proceedings open to the public, or in settings where privacy cannot reasonably be expected.

Key Exceptions

Law Enforcement

Every all-party consent state allows law enforcement to record with a valid court order or wiretap warrant.

Crime Documentation

Several states allow recording without consent when documenting evidence of certain crimes. California, for example, permits one-party consent recording when the person reasonably believes they are documenting extortion, kidnapping, bribery, or violent felonies.

Pennsylvania Telemarketing Exception (2024)

Effective February 12, 2024, Pennsylvania HB 1278 allows recipients of telemarketing or robocalls to record those calls without the telemarketer's consent. This exception was created to help consumers gather evidence of telemarketing fraud.

Interstate Calls

When someone in an all-party consent state is on a call with someone in a one-party consent state, the all-party consent requirement applies. The California Supreme Court established this principle in Kearney v. Salomon Smith Barney, Inc. (2006).

The safest approach: if any party is in an all-party consent state, announce the recording and get everyone's agreement.

For a complete overview of all recording laws, see our United States Recording Laws guide. For one-party consent states, see our One-Party Consent States guide.