Maine Audio Recording Laws: One-Party Consent Rules and Penalties (2026)

Maine is a one-party consent state for audio recording. Under 15 M.R.S. 709(4) and 710, any participant in a phone call or in-person conversation may record it without notifying other parties. Recording in private places such as bathrooms and locker rooms requires all-party consent under a separate statute.

Maine is a one-party consent state for audio recording. Under 15 M.R.S.A. § 710, you can legally record any phone call, in-person conversation, or electronic communication you participate in without notifying or getting permission from other participants. The law requires only that the person doing the recording is a party to the communication, or that one party has given prior consent.

This guide covers everything you need to know about audio recording laws in Maine, including when you can record, what happens when you call someone in another state, the private places exception that overrides the general consent rule, and the criminal and civil penalties for violations.

How Maine's One-Party Consent Law Works

The Statutory Framework

Maine's audio recording rules are found in Title 15, Chapter 102 of the Maine Revised Statutes Annotated. Three statutes form the core framework:

• 15 M.R.S.A. § 710 establishes criminal offenses for intercepting wire and oral communications without authorization.
• 15 M.R.S.A. § 709(4) defines 'intercept' to exclude the sender or receiver of the communication and anyone given prior authority by the sender or receiver, which is the source of the one-party consent exception.
• 15 M.R.S.A. § 711 creates a civil cause of action for victims of illegal interception.

Under § 710, it is a Class C crime to intentionally intercept, endeavor to intercept, or procure any other person to intercept any wire or oral communication. However, § 709(4) defines 'intercept' to exclude the sender or receiver of the communication, so a participant in the conversation who records it has not intercepted anything and is not violating the law. Section 709(4) also excludes 'a person given prior authority by the sender or receiver,' which is why a third party can lawfully record on a participant's behalf.

These statutes are current through the 132nd Maine Legislature (2025), with no amendments to the core audio recording consent provisions.

What "One-Party Consent" Means in Practice

One-party consent means that exactly one person involved in the communication must know about and agree to the recording. That person is typically you, the one pressing the record button. You do not need to announce "this call is being recorded." You do not need a verbal or written agreement from the other parties.

Here are common scenarios where one-party consent protects you:

• Recording a phone call you are on. Whether you use a landline, cell phone, or VoIP service like Zoom, Teams, or Google Meet, you can record the audio without telling the other person.
• Recording an in-person conversation you participate in. If you are having a face-to-face discussion, you can use your phone or a voice recorder to capture it.
• Authorizing someone else to record on your behalf. If you ask a friend to record a meeting you will attend, that recording is lawful because you, a party to the conversation, gave prior consent.

What One-Party Consent Does NOT Allow

The one-party consent exception has clear boundaries. You cannot:

• Record a conversation you are not part of and have no party's consent for. Placing a hidden recorder in a room to capture other people's private conversations without any participant's knowledge is illegal wiretapping.
• Intercept communications between two other people. Tapping a phone line or using software to capture someone else's calls without their knowledge violates the statute.
• Record in a private place without all-party consent. Maine's separate "private places" law (17-A M.R.S.A. § 511) overrides the one-party consent rule in specific locations.

The Private Places Exception

How 17-A M.R.S.A. § 511 Changes the Rules

Maine has a critical exception to the general one-party consent rule. Under 17-A M.R.S.A. § 511, it is a Class D crime to install or use any device in a "private place" to observe, photograph, film, record, amplify, or broadcast sounds or events occurring in that location without the knowledge and consent of all persons entitled to privacy there.

"Private places" under Maine law include:

• Bathrooms
• Locker rooms
• Changing rooms and dressing rooms
• Hotel rooms and bedrooms
• Any location where a person has a reasonable expectation of complete privacy

This means that the general one-party consent rule does not apply in these locations. Even if you are a participant in a conversation taking place in a bathroom or locker room, you need consent from every person present before recording audio.

Why This Matters for Audio Recording

The private places exception catches many people off guard because it creates a two-tier consent system in Maine:

Violating the private places rule is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

Recording Phone Calls in Maine

Personal Phone Calls

You can record any personal phone call you participate in under Maine's one-party consent rule. This applies to:

• Cell phone calls
• Landline calls
• VoIP calls through Zoom, Microsoft Teams, Google Meet, or similar platforms
• Video call audio (FaceTime, WhatsApp video, etc.)
• Calls made through messaging apps like Signal or Telegram

You do not need to play a beep tone, announce the recording, or get permission. Simply being a party to the call satisfies the consent requirement.

Business Phone Calls

Maine businesses can record calls for quality assurance, training, compliance, and dispute resolution. An employee who participates in the call provides the necessary one-party consent. Many businesses still announce recording as a best practice, using phrases like "This call may be recorded for quality assurance purposes."

The federal Telephone Consumer Protection Act and FCC regulations also apply to business call recording, particularly for telemarketing calls and calls to consumers.

Maine's Online Data Privacy Act (LD 1822), effective July 1, 2026, introduces consumer data protections that may affect how businesses store and manage recorded call data. Businesses that retain recorded call data may face new obligations around data minimization, consumer access requests, and deletion rights.

Interstate Phone Calls

When you are in Maine calling someone in another state, the recording laws of both states may apply. If the other person is in a two-party consent state, the stricter law typically controls. This is especially important for calls to neighboring states.

Neighboring states with stricter rules:

• Massachusetts requires all-party consent
• New Hampshire requires all-party consent

Other all-party consent states to watch for:

• California, Connecticut, Florida, Illinois, Maryland, Montana, Pennsylvania, and Washington

If you regularly record calls with people in Massachusetts or New Hampshire, the safest approach is to inform all parties or get explicit consent before recording.

Recording In-Person Conversations

When Audio Recording Is Legal

You can record in-person conversations in Maine when:

• You are a direct participant in the conversation
• You are in a public place where no reasonable expectation of privacy exists
• One of the parties to the conversation has given you prior consent to record
• The conversation is not taking place in a "private place" as defined by 17-A M.R.S.A. § 511

Public spaces like sidewalks, parks, government buildings, retail stores, and restaurants generally carry no expectation of privacy for conversations held at normal volume.

When Audio Recording Is Illegal

Recording becomes illegal when:

• You are not a party to the conversation and have no participant's consent
• You are recording in a "private place" without all-party consent
• You are planting a hidden device and leaving the room to capture others' conversations
• You are using intercepted communications for blackmail or extortion

Recording Conversations in Your Own Home

You can record conversations in your own home if you are participating. However, the private places exception still applies. You cannot:

• Record guests in your bathroom or bedroom without all-party consent
• Plant a hidden recorder and leave to capture conversations between guests
• Record intimate activities without consent from all participants

Types of Audio Communications Covered

Wire Communications

Wire communications include traditional telephone calls, cell phone calls, and any communication that travels over a wire, cable, or similar connection at some point during transmission. Maine's one-party consent rule under 15 M.R.S.A. § 709(4) covers all wire communications.

Oral Communications

Oral communications are face-to-face, spoken conversations. Under 15 M.R.S.A. § 710, it is unlawful to intercept oral communications without authorization. The one-party consent exception in § 709(4) permits recording when you are a participant.

The Maine Legislature Law Library provides a helpful summary confirming that Maine's consent requirement extends to oral communications and explaining the interplay between the wiretapping statute and the private places statute.

Electronic Communications

Electronic communications include emails, text messages, instant messages, and data transmissions. While Maine's wiretapping statute primarily targets real-time interception, the federal Electronic Communications Privacy Act (18 U.S.C. § 2511) provides a parallel framework. Maine's one-party consent rule aligns with the federal standard.

Penalties for Illegal Audio Recording in Maine

Criminal Penalties Under 15 M.R.S.A. § 710

Illegal interception of audio communications is a serious offense in Maine:

Class C crimes in Maine are felonies. A conviction carries a permanent criminal record and potential collateral consequences including loss of professional licenses and firearm rights.

Private Places Violation Penalties

Violating the private places rule under 17-A M.R.S.A. § 511 is a Class D crime:

Separately, Maine's sex offender registry (34-A M.R.S.A. section 11203(6)) lists a conviction under 17-A M.R.S.A. section 511(1)(D) -- covertly using equipment in a public place to view or photograph a person's intimate body parts concealed by clothing -- as a registerable sex offense when the victim was under 18. That registration trigger is tied to the public covert-surveillance offense in paragraph (D), not to the private-places violation (recording in a bathroom or locker room) described above, even where the minor-victim or sexual-gratification enhancements in section 511(1)(E)-(F) apply.

Civil Liability Under 15 M.R.S.A. § 711

Victims of illegal audio recording can sue under 15 M.R.S.A. § 711 for:

• Actual damages, but not less than liquidated damages computed at $100 per day for each day of violation
• Reasonable attorney fees and litigation costs

Section 711 does not include a punitive-damages provision; Maine common-law punitive doctrine could apply separately only where independent malice is shown.

The federal Wiretap Act (18 U.S.C. § 2520) also provides a parallel civil remedy: the greater of (1) actual damages plus the violator's profits, or (2) statutory damages of the greater of $100 per day of violation or $10,000, plus punitive damages in appropriate cases and attorney fees.

Using Audio Recordings as Evidence in Maine

Admissibility Standards

Recordings made lawfully under Maine's one-party consent law are generally admissible as evidence in both criminal and civil courts. However, the court will evaluate:

• Authentication: Can you prove the recording is genuine and unaltered?
• Relevance: Does the recording relate to an issue in the case?
• Hearsay rules: Some statements may be excluded under the Maine Rules of Evidence.
• Prejudicial vs. probative value: Does the recording's value outweigh any unfair prejudice?

Best Practices for Preserving Recordings

To maximize the evidentiary value of your audio recordings:

1. Use a reliable recording device or app. Smartphone voice memo apps and dedicated digital recorders both work well.
2. Do not edit the recording. Preserve the original file in its entirety.
3. Back up the recording immediately. Save copies to cloud storage and a separate device.
4. Note the date, time, location, and participants. Write this information down as soon as possible after recording.
5. Store the recording securely. Protect it from accidental deletion or unauthorized access.

Illegally Obtained Recordings

Recordings made in violation of Maine's wiretapping law are generally inadmissible in court. Using an illegally obtained recording can also expose you to criminal prosecution and civil liability, regardless of what the recording reveals.

Common Audio Recording Scenarios

Can I Record a Conversation With My Landlord?

Yes. If you are participating in a face-to-face or phone conversation with your landlord, Maine's one-party consent law permits you to record the audio. This is useful for documenting verbal agreements about repairs, lease disputes, or instances of harassment.

Can I Record My Doctor?

Yes. As a participant in the conversation, you can audio record your medical appointment. Many patients find this helpful for remembering complex treatment instructions or documenting informed consent discussions.

Can I Record My Boss at Work?

Yes. Under one-party consent, you can record workplace conversations you participate in, including meetings with your supervisor, HR representatives, or coworkers. Be aware that employer policies may prohibit recording, and violating those policies could result in termination even though the recording itself is legal.

Can I Record a Government Official?

Yes. You can audio record conversations with government employees you participate in. Maine's Freedom of Access Act (1 M.R.S.A. §§ 400-414) also permits recording of public government meetings.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you are part of. This is common in custody disputes. However, do not record your children's private conversations without being present, and do not use children to secretly record the other parent.

Maine's Interception Device Laws

Maine law goes beyond the act of recording itself. Under 15 M.R.S.A. § 710, it is also illegal to:

• Possess interception devices designed or commonly used for intercepting wire or oral communications (Class C crime)
• Sell, exchange, or furnish interception devices with intent to sell (Class B crime, up to 10 years and $20,000 fine)

These provisions do not apply to law enforcement officers acting under proper authorization, communication company employees acting in the normal course of employment, or Department of Corrections employees authorized to exercise law enforcement powers.

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