New Hampshire Audio Recording Laws

New Hampshire requires all-party consent before recording any audio conversation under RSA 570-A:2. Every participant must agree before a recording begins. Willfully recording a private conversation without that consent is a Class B felony, punishable by up to seven years in prison.

New Hampshire is one of the strictest states in the country when it comes to audio recording. Under RSA 570-A:2, the Granite State requires all-party consent before any person may intercept, record, or capture a telecommunication or oral communication. This means every single person involved in a conversation must agree to the recording before it begins.

This guide explains exactly how New Hampshire's audio recording laws work, including the two-tier criminal penalty system, exceptions for law enforcement, civil liability rules, and practical guidance for staying on the right side of the law.

How New Hampshire's All-Party Consent Law Applies to Audio

The Core Prohibition

New Hampshire's Wiretapping and Eavesdropping Law is found in RSA Chapter 570-A. The statute prohibits the interception of two categories of communications:

• Telecommunications including phone calls, VoIP calls, and video calls
• Oral communications meaning in-person conversations where a speaker has a reasonable expectation of privacy

Under RSA 570-A:1, "intercept" means the aural or other acquisition of the contents of any telecommunication or oral communication through the use of any electronic, mechanical, or other device. In plain language, pressing record on your phone, using a voice recorder, or activating any app that captures audio all count as interception.

The critical point is that consent must come from every party to the conversation. Unlike the 38 states that follow the federal one-party consent standard, New Hampshire does not allow a participant in a conversation to secretly record it.

Two Tiers of Criminal Liability

The 2024 and 2025 New Hampshire Supreme Court decisions in State v. Clark and State v. Hersom clarified that the state's audio recording law creates two distinct levels of criminal exposure based on the mental state of the person making the recording:

Class B Felony (RSA 570-A:2, I): Anyone who willfully intercepts a telecommunication or oral communication without obtaining consent from all parties commits a Class B felony. This applies to both third-party eavesdroppers and participants in the conversation who act with deliberate intent. The maximum penalty is 7 years in state prison and a $4,000 fine under RSA 651:2.

Misdemeanor (RSA 570-A:2, I-a): A person who knowingly intercepts a telecommunication or oral communication when they are a party to the conversation, or when one party has given prior consent, commits a misdemeanor. RSA 570-A:2, I-a does not itself set a penalty class. Under RSA 625:9, the offense defaults to a Class B misdemeanor (no jail, up to a $1,200 fine) unless the State gives notice before arraignment that it will seek Class A treatment or a violence element is present, in which case the maximum rises to 1 year in jail and a $2,000 fine under RSA 651:2.

The distinction between "willfully" and "knowingly" is legally significant. "Willfully" implies a deliberate and purposeful intent to violate the law. "Knowingly" means the person was aware of the nature of their conduct but may not have intended to break the law. The New Hampshire Supreme Court confirmed this framework in its January 2025 State v. Hersom decision.

What Audio Recording Activities Are Illegal

Under RSA 570-A:2, it is illegal to:

• Record any phone call without consent from all participants
• Use a voice recorder or smartphone to capture an in-person conversation without everyone's permission
• Place a hidden audio recording device in any location to capture private conversations
• Ask or pay another person to make a recording without all-party consent
• Use, disclose, or share audio recordings that you know were obtained illegally
• Install listening devices in offices, homes, or vehicles to capture conversations

Even recording your own conversations is technically illegal without obtaining consent from the other participants. While the penalty is lower (misdemeanor vs. felony), it remains a criminal offense.

Recording In-Person Conversations

When Audio Recording Is Legal

You may legally record an in-person conversation in New Hampshire when:

• All participants give their informed consent before the recording begins
• The conversation takes place at a public meeting covered by the Right-to-Know Law (RSA 91-A), which explicitly permits recording devices
• A law enforcement officer records with proper authorization under RSA 570-A:2, II(d)
• The conversation occurs in a truly public setting where no speaker has a reasonable expectation of privacy, such as a speech at a public rally

What Counts as an "Oral Communication"

The law protects "oral communications" where the speaker has a reasonable expectation of privacy. Courts evaluate this based on several factors:

• Location: A conversation in a private home, closed office, or vehicle typically carries a reasonable expectation of privacy. A conversation on a public sidewalk or in a crowded restaurant generally does not.
• Volume and manner of speech: Speaking in hushed tones suggests an expectation of privacy. Shouting across a parking lot does not.
• Steps taken to ensure privacy: Closing a door, moving to a private room, or asking others to leave all demonstrate an expectation of privacy.
• Presence of others: If the conversation occurs where uninvited people can easily overhear, the expectation of privacy diminishes.

If a speaker has no reasonable expectation of privacy, the communication does not qualify as a protected "oral communication" under the statute, and recording it may not violate the law.

Obtaining Consent Properly

To record audio legally in New Hampshire, follow these steps:

1. Inform every person in the conversation that you wish to record before pressing the record button
2. Ask for explicit verbal or written consent from each participant
3. If anyone declines, do not record the conversation
4. Document the consent on the recording itself by having each person verbally acknowledge their agreement
5. For important conversations, consider getting written consent in advance

Simply saying "I am recording this" without receiving affirmative consent is not sufficient. New Hampshire law requires actual consent, not merely notification.

Recording Phone Calls and VoIP

The All-Party Consent Requirement for Calls

New Hampshire's all-party consent rule applies fully to telephone communications of all types:

• Traditional landline calls
• Cell phone calls
• VoIP calls through Zoom, Microsoft Teams, Google Meet, or similar platforms
• Video call audio via FaceTime, WhatsApp, or Signal
• Conference calls with multiple participants

Before recording any call, you must inform every person on the line and receive their consent. On a conference call with five participants, all five must agree before recording begins.

Interstate and Cross-Border Calls

When a call crosses state lines, the recording laws of both states may apply. Because New Hampshire is an all-party consent state, its stricter standard typically controls when you are calling from New Hampshire:

• Calling a one-party consent state: You must still follow New Hampshire's all-party consent requirement because you are located in New Hampshire
• Calling another all-party consent state (such as Massachusetts, California, or Florida): Both states' laws apply, reinforcing the need for all-party consent
• Receiving a call from a one-party consent state: The caller may believe they can record with only their own consent, but New Hampshire law still applies to the portion of the call occurring in New Hampshire

When in doubt, always obtain consent from every person on the call before recording.

Business and Professional Call Recording

New Hampshire businesses that record phone calls must comply with the all-party consent requirement. This means:

• Automated "this call may be recorded" announcements must be played before the conversation begins, and the caller must have the opportunity to hang up or decline
• Employee training must cover proper consent procedures
• Customer service centers must document their recording policies
• Recorded calls must be stored securely with access limited to authorized personnel
• All recorded data is subject to New Hampshire's consumer privacy protections under SB 255, codified at RSA 507-H, effective January 1, 2025

Businesses should work with legal counsel to develop compliant call recording policies that satisfy both state and federal requirements.

Penalties for Illegal Audio Recording

Criminal Penalties

A Class B felony conviction in New Hampshire creates a permanent criminal record under RSA 625:9 and carries serious collateral consequences including potential loss of employment, professional licenses, and firearm rights.

Civil Liability

Under RSA 570-A:11, any person whose communication is illegally intercepted, disclosed, or used may file a civil lawsuit and recover:

• Liquidated damages of $100 per day of the violation or $1,000, whichever is higher
• Actual damages if they exceed the liquidated minimum
• Punitive damages to punish particularly egregious conduct
• Reasonable attorney fees and litigation costs

Even a single illegal recording can result in a minimum civil judgment of $1,000 before punitive damages and attorney fees are calculated.

Evidence Suppression Rules

Under RSA 570-A:6, audio recordings obtained through a felony violation of the wiretapping law may be suppressed and excluded from court proceedings. Following the New Hampshire Supreme Court's 2024 State v. Clark decision, recordings that constitute only a misdemeanor violation (participant recordings under RSA 570-A:2, I-a) are not subject to the suppression rule and may be admitted as evidence.

This creates a practical distinction: if you record your own conversation without consent, the recording might still be usable in court even though making it was technically illegal. However, you would still face potential misdemeanor charges and civil liability.

Law Enforcement Exception

One-Party Consent for Officers

New Hampshire grants a narrow exception to the all-party consent rule for law enforcement under RSA 570-A:2, II(d). An officer may record with only one party's consent when all of the following conditions are met:

• The officer is acting in the ordinary course of duties
• The investigation involves organized crime, offenses under RSA 570-A, solid waste violations under RSA 149-M:9, or harassing/obscene telephone calls
• The officer is a party to the communication, or one party has given prior consent
• The Attorney General, Deputy Attorney General, or a designated Assistant Attorney General has determined there is reasonable suspicion that evidence of criminal conduct will result
• A written memorandum of the authorization is prepared within 72 hours

This exception does not extend to private citizens. Only sworn law enforcement officers with proper supervisory approval may conduct one-party consent audio recordings in New Hampshire.

Using Audio Recordings as Evidence

Admissibility in New Hampshire Courts

The admissibility of audio recordings in New Hampshire courts depends on how they were obtained:

• Recordings made with all-party consent are generally admissible, subject to standard rules of evidence regarding authentication, relevance, and prejudice
• Recordings made in violation of the felony provision (RSA 570-A:2, I) can be suppressed under RSA 570-A:6
• Recordings made in violation of the misdemeanor provision (RSA 570-A:2, I-a) are not subject to the suppression rule after the State v. Clark decision

Best Practices for Audio Evidence

If you obtain consent and wish to create a recording that will hold up in court:

1. State the date, time, and location at the beginning of the recording
2. Identify all participants by name on the recording
3. Record each person's verbal consent before proceeding
4. Do not edit or alter the recording in any way
5. Preserve the original file and store backup copies securely
6. Document the chain of custody from creation to presentation in court

Practical Scenarios

Can I Record a Landlord-Tenant Conversation?

Only with your landlord's consent. Even though you are a party to the conversation, New Hampshire's all-party consent rule means you must inform your landlord and obtain their agreement before recording any in-person meeting or phone call.

Can I Record a Meeting at Work?

Only if every person at the meeting consents. You cannot secretly record conversations with coworkers, supervisors, or HR representatives. If you need evidence of workplace misconduct, consult an attorney about legal alternatives.

Can I Record My Doctor?

Only with your doctor's consent. While recording medical appointments can help you remember complex treatment information, New Hampshire law requires that the doctor (and any other participants) agree to the recording.

Can I Record a Government Meeting?

Yes. The Right-to-Know Law (RSA 91-A:2, II) explicitly permits recording at public meetings of government bodies at the state, county, and municipal level. This is a specific statutory exception to the general consent requirement.

More New Hampshire Recording Laws

Audio Recording | Video Recording | Voyeurism | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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