One-Party Consent States (2026): Complete List

One-party consent states allow you to record a conversation as long as you are a participant. Your own consent counts as the "one party." You do not need to inform the other people in the conversation that you are recording.

As of 2026, 38 states plus the District of Columbia follow the one-party consent standard. Federal law under 18 U.S.C. § 2511 also follows one-party consent, establishing it as the national baseline.

Complete List of One-Party Consent States

State	Statute	State	Statute
Alabama	Ala. Code § 13A-11-30	Nebraska	Neb. Rev. Stat. § 86-290
Alaska	Alaska Stat. § 42.20.310	New Jersey	N.J. Stat. § 2A:156A-4
Arizona	Ariz. Rev. Stat. § 13-3005	New Mexico	N.M. Stat. § 30-12-1
Arkansas	Ark. Code § 5-60-120	New York	N.Y. Penal Law § 250.00
Colorado	Colo. Rev. Stat. § 18-9-303	North Carolina	N.C. Gen. Stat. § 15A-287
D.C.	D.C. Code § 23-542	North Dakota	N.D. Cent. Code § 12.1-15-02
Georgia	Ga. Code § 16-11-62	Ohio	Ohio Rev. Code § 2933.52
Hawaii	Haw. Rev. Stat. § 803-42	Oklahoma	Okla. Stat. tit. 13, § 176.4
Idaho	Idaho Code § 18-6702	Rhode Island	R.I. Gen. Laws § 11-35-21
Indiana	Ind. Code § 35-33.5-5-5	South Carolina	S.C. Code § 17-30-30
Iowa	Iowa Code § 808B.2	South Dakota	S.D. Codified Laws § 23A-35A-20
Kansas	Kan. Stat. § 21-6101	Tennessee	Tenn. Code § 39-13-601
Kentucky	Ky. Rev. Stat. § 526.010	Texas	Tex. Penal Code § 16.02
Louisiana	La. Rev. Stat. § 15:1303	Utah	Utah Code § 77-23a-4
Maine	Me. Rev. Stat. tit. 15, § 709	Vermont	No specific statute (federal default)
Minnesota	Minn. Stat. § 626A.02	Virginia	Va. Code § 19.2-62
Mississippi	Miss. Code § 41-29-531	West Virginia	W. Va. Code § 62-1D-3
Missouri	Mo. Rev. Stat. § 542.402	Wisconsin	Wis. Stat. § 968.31
		Wyoming	Wyo. Stat. § 7-3-702

Vermont has no specific recording statute. Federal one-party consent law applies by default.

What One-Party Consent Means

One-party consent means that at least one person involved in the conversation must agree to the recording. Since you are a participant, your own agreement satisfies this requirement. You do not need to tell anyone else.

This rule applies to both audio recordings and phone calls. It covers in-person conversations, landline calls, cell phone calls, and VOIP calls in most one-party consent states.

What You Can Do

• Record any phone call you are on
• Record any in-person conversation you are participating in
• Record a business meeting you are attending
• Authorize law enforcement to record a conversation you are having
• Record your landlord, boss, or coworker during a conversation with them

What You Cannot Do

• Record conversations between other people that you are not part of (this is illegal wiretapping in all states)
• Plant a recording device to capture conversations when you are not present
• Leave your phone recording after you walk away from a conversation
• Record for the purpose of committing a crime (blackmail, fraud, extortion)

Interstate Calls

When a phone call crosses state lines, the stricter state's law generally applies. If you are in a one-party consent state and the other person is in an all-party consent state, you should follow the all-party consent requirement.

The safest approach for any interstate call is to announce that you are recording. If all parties stay on the line after the announcement, their continued participation implies consent.

Workplace Recording

In one-party consent states, employees can legally record conversations with supervisors, coworkers, and clients. However, company policies may prohibit recording, and violating those policies can result in termination even if the recording itself is legal.

The National Labor Relations Board has recognized some workplace recording as protected activity under the NLRA when done in the context of labor organizing or documenting working conditions. Blanket employer bans on workplace recording may violate the NLRA under the 2023 Stericycle standard.

Recording Police Officers

Eight federal circuit courts have recognized a First Amendment right to record law enforcement officers performing their duties in public. This right exists in both one-party and all-party consent states. You cannot interfere with police duties while recording, but officers cannot order you to stop recording or confiscate your device.

Federal Penalties for Illegal Recording

Violating federal wiretapping law (18 U.S.C. § 2511) carries up to 5 years in prison and $250,000 in fines. Civil liability includes statutory damages of at least $10,000 per violation, plus punitive damages and attorney fees.

State penalties vary from misdemeanors to felonies depending on the jurisdiction. See individual state pages for specific penalties.

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