New Hampshire
New Hampshire Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 9, 2026. · 12 primary sources cited on this page. How we verify our legal content

New Hampshire allows video-only surveillance cameras on your own property but requires all-party consent to record oral communications under RSA 570-A:2. Cameras in private areas such as bathrooms are illegal under RSA 644:9. No single statute governs all cameras; these two laws together set the rules.
Overview of New Hampshire Surveillance Camera Laws
New Hampshire does not have a single statute that governs all surveillance cameras. Instead, several laws work together to regulate when and where cameras can be used, whether audio recording is permitted, and what penalties apply for violations. The primary statutes include RSA 570-A (Wiretapping and Eavesdropping), RSA 644:9 (Violation of Privacy), and RSA 644:23 (Unlawful Operation or Use of Small Unmanned Aircraft System).
The central principle across all of these laws is the concept of a "reasonable expectation of privacy." Surveillance cameras are generally permitted in New Hampshire when they record areas visible to the public, such as front yards, driveways, and sidewalks. Recording becomes illegal when cameras capture images or sounds in places where people reasonably expect to be free from observation.
New Hampshire stands out among U.S. states because of its strict all-party consent requirement for audio recording. Under RSA 570-A:2, intercepting a telecommunication or an oral communication without the consent of every participant is a criminal offense. How far that rule reaches depends on a definition: RSA 570-A:1, II defines an "oral communication" as verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation. Speech carried on with no justified expectation of privacy falls outside the statute. Even so, any security camera with a built-in microphone creates significant legal risk if the audio recording feature is left enabled, because whether a particular recorded conversation met that definition is decided after the fact.
Understanding these overlapping laws is essential for homeowners, employers, landlords, and anyone who wants to install security cameras or protect their own privacy rights in the Granite State.
Home Security Camera Laws in New Hampshire
New Hampshire homeowners have the legal right to install security cameras on their own property to deter crime, monitor visitors, and protect their homes. No state law requires homeowners to register security cameras or obtain a permit before installing them.

Where You Can Place Home Security Cameras
You can legally place cameras in the following areas of your property:
- Front door and porch areas for monitoring visitors and package deliveries
- Driveways and garages to record vehicle activity
- Backyards to monitor your own property
- Common living areas inside your home, such as living rooms and kitchens
- Exterior walls aimed at your own property and public areas
Where You Cannot Place Home Security Cameras
Cameras become illegal when they are positioned to record areas where people have a reasonable expectation of privacy. Under RSA 644:9, the following placements are prohibited:
- Bathrooms and restrooms in your home where guests or residents expect privacy
- Guest bedrooms where visitors are staying and may undress
- Aimed directly into a neighbor's windows or interior living spaces
- Any area where someone may be undressing or engaged in private activities
A "private place" under RSA 644:9 includes public restrooms, locker rooms, the interior of a dwelling, and any location where a person's body, including genitalia, buttocks, or female breasts, may be exposed.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras such as Ring, Nest, and Arlo are legal in New Hampshire. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and video recording is permitted.
However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under New Hampshire law. Position your smart cameras to focus primarily on your own property and public areas.
Audio Recording on Home Security Cameras
This is where New Hampshire law creates the biggest risk for homeowners. Many modern security cameras include microphone capabilities that record audio by default.
New Hampshire is an all-party consent state under RSA 570-A:2. This means you cannot record an oral communication, as RSA 570-A:1, II defines that term, without the consent of every person participating in the conversation. Unlike one-party consent states where you can record if you are a participant, New Hampshire law requires that all parties agree.
Conversations on a porch, driveway, or public sidewalk may or may not carry the justified expectation of privacy the definition requires, and that question is resolved case by case on the facts. Because you cannot know in advance which side of the line a recorded conversation falls on, the safest approach for outdoor security cameras is to:
- Disable audio recording on all exterior cameras
- Post visible signage indicating that audio and video recording is in progress
- Obtain written consent from anyone who regularly visits the property
Failing to comply with the all-party consent requirement can result in criminal charges. Under RSA 570-A:2, willfully intercepting an oral communication without consent from all parties is a class B felony. A person who knowingly records a communication they are a party to without the other participants' consent faces an unclassified misdemeanor charge under RSA 570-A:2, I-a, which defaults to a class B misdemeanor.
Workplace Surveillance Camera Laws in New Hampshire
New Hampshire does not have a specific statute governing workplace video surveillance. Employers in the state must follow the general privacy principles established by RSA 644:9 and the audio recording restrictions in RSA 570-A.
What Employers Can Do
Employers may install video-only surveillance cameras in the following areas:
- Lobbies, hallways, and reception areas for security purposes
- Parking lots to protect employees and company property
- Warehouses and production floors to monitor operations
- Cash register areas to prevent theft
- Loading docks and entry points for security
These areas are generally considered public or semi-public spaces where employees do not have a reasonable expectation of privacy.
What Employers Cannot Do
Even without a specific workplace surveillance statute, employers face restrictions under existing New Hampshire law:
- Restrooms and changing areas are always off-limits for surveillance under RSA 644:9
- Break rooms may raise privacy concerns depending on the circumstances
- Union meeting areas are protected under the National Labor Relations Act
- Private offices where employees have a reasonable expectation of privacy may require notice before camera installation
Audio Surveillance at Work
Employers who use cameras with audio recording capabilities face serious legal risk in New Hampshire. Because of the all-party consent requirement under RSA 570-A:2, an employer cannot record conversations between employees unless every participant has consented.
This prohibition applies to:
- Recording meetings without consent from all attendees
- Using cameras with active microphones in common work areas
- Monitoring phone calls without notifying all parties
- Using hidden audio recording devices anywhere in the workplace
The best practice for employers is to disable audio on all security cameras and provide written notice to all employees that video surveillance is in use. Employers should adopt a written video surveillance policy and obtain signed acknowledgments from employees.
Employee Notification
While New Hampshire does not require employers to notify employees of video-only surveillance, providing notice is strongly recommended. A clear workplace surveillance policy should outline where cameras are located, whether audio is recorded (it should not be, in most cases), how footage is stored, who has access to recordings, and how long recordings are retained.
Hidden Cameras and Voyeurism Laws
New Hampshire takes hidden camera crimes seriously. RSA 644:9 is the primary statute addressing voyeurism and unauthorized surveillance in private places.
RSA 644:9: Violation of Privacy
Under RSA 644:9, a person is guilty of a class A misdemeanor if they unlawfully and without consent install or use any device for the purpose of:
- Observing, photographing, recording, or transmitting images or sounds of a person's private body parts, including genitalia, buttocks, or female breasts
- Recording images or sounds in any private place
- Using a device outside a private place to capture images, sounds, location, or movement originating inside that place that would not ordinarily be audible, visible, or comprehensible from outside
The statute also makes it a misdemeanor for a person to knowingly view another person without their knowledge or consent for the purpose of sexual gratification, whether using the unaided eye or any visual enhancement device (RSA 644:9 III-a). This offense is not statutorily classified as Class A or Class B; under RSA 625:9 IV(c), an unclassified misdemeanor defaults to a Class B misdemeanor unless it involves an act or threat of violence, the state gives pre-arraignment notice seeking Class A treatment, or the charge is filed directly in superior court.
Enhanced Penalties
RSA 644:9 provides for enhanced penalties in certain situations:
- Repeat offenders: A second or subsequent conviction under the privacy violation provisions is elevated to a class B felony, punishable by up to 7 years in prison and a $4,000 fine
- Child victims: If the victim is under 18 years old, the violation becomes a class B felony for a first offense and a class A felony (up to 15 years in prison) for subsequent offenses
RSA 644:9-a: Nonconsensual Dissemination of Private Images
New Hampshire also has a separate statute, RSA 644:9-a, that addresses the nonconsensual sharing of intimate images. Under this law, it is a class B felony to purposely disseminate private sexual images of an identifiable person with the intent to harass, intimidate, threaten, or coerce the depicted person, when the person sharing the image knows or should have known that consent was not given.
This statute also covers synthetic or digitally altered images that manipulate a recognizable person's likeness to create false depictions of intimate content.
Law Enforcement Exception
RSA 644:9, Section V provides an exception for lawful law enforcement activities. The privacy restrictions do not apply to authorized investigations conducted by government or private entities supported by articulable suspicion.
Audio Recording Laws in New Hampshire (All-Party Consent)
New Hampshire's all-party consent requirement for audio recording is one of the strictest in the country. RSA 570-A:2 governs the interception and disclosure of telecommunications and oral communications.
What the Law Says
Under RSA 570-A:2, a person is guilty of a class B felony if, without the consent of all parties to the communication, they willfully intercept, endeavor to intercept, or procure any other person to intercept any telecommunication or oral communication.
The statute also prohibits willfully using or disclosing the contents of any communication obtained through illegal interception.
What All-Party Consent Means in Practice
Every participant in a conversation must agree to the recording before it begins. This applies to:
- In-person conversations recorded by any device
- Telephone calls recorded by either party
- Video calls where audio is captured
- Any electronic communication where audio content is intercepted
Unlike one-party consent states, you cannot legally record a conversation in New Hampshire simply because you are a participant. All other parties must also consent.
Misdemeanor vs. Felony Distinction
RSA 570-A:2, I-a creates an important distinction. When a person knowingly intercepts a communication that they are a party to without the consent of all other parties, the offense is a misdemeanor rather than a felony. The statute says only "misdemeanor" and assigns no class, so RSA 625:9, IV(c) presumes a class B misdemeanor, which under RSA 651:2 carries no incarceration and a maximum $1,200 fine. Class A treatment, up to 1 year in jail and a $2,000 fine, is available only where the offense involves an act or threat of violence, the state files notice seeking class A penalties on or before arraignment, or the charge is filed directly in superior court. This means:
- Misdemeanor (unclassified, defaults to class B): Recording a conversation you are participating in, without the other parties' consent (no incarceration and up to a $1,200 fine, unless one of the class A exceptions applies)
- Class B Felony: Recording or intercepting a conversation you are not a party to, or using surveillance devices to capture others' communications without consent (up to 7 years in prison and $4,000 fine)
Exceptions to the All-Party Consent Rule
RSA 570-A:2, II provides several exceptions where interception is permitted:
- Telephone operators and carriers acting in the normal course of business
- Law enforcement officers conducting investigations of organized crime with authorization from the attorney general
- Emergency services responding to 911 calls
- School bus operators recording audio and video with school board authorization and proper parental notice
- Police officers using body-worn cameras under RSA 105-D
- Officers conducting routine traffic stops with notification to the driver
Evidence Suppression
Under RSA 570-A:6, no communication intercepted in violation of the chapter may be received as evidence in any legal proceeding. This means that even if an illegally recorded conversation contains relevant information, it will be excluded from court proceedings.
Civil Remedies for Victims
RSA 570-A:11 provides a private right of action for anyone whose communication is intercepted, disclosed, or used in violation of the wiretapping law. Victims can recover:
- Actual damages, with a minimum of $100 per day for each day of the violation or $1,000, whichever is greater
- Punitive damages for willful or egregious conduct
- Reasonable attorney fees and litigation costs
Neighbor Disputes Over Security Cameras
Disagreements between neighbors about security cameras are common in New Hampshire. The state's privacy laws provide guidance on when a neighbor's camera is legal and when it crosses the line.
When a Neighbor's Camera Is Legal
A neighbor's security camera is generally legal if it:
- Is pointed at the neighbor's own property
- Captures public areas such as sidewalks and streets
- Records only video (without audio) of areas in public view
- Does not peer into your windows or private enclosed spaces
When a Neighbor's Camera May Be Illegal
A neighbor's camera may violate New Hampshire law if it:
- Is deliberately aimed to look inside your home through windows
- Records your fully fenced backyard from an elevated position, capturing areas that are hidden from street-level view
- Records audio of your private conversations without your consent, violating RSA 570-A:2
- Is a hidden camera placed on your property without your knowledge
- Is used to observe you for the purpose of sexual gratification, violating RSA 644:9, III-a
Steps to Resolve a Camera Dispute
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Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.
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Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.
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Send a written request. Ask your neighbor in writing to adjust the camera angle or position. Keep a copy for your records.
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Contact local police. If you believe a neighbor is using a camera to conduct surveillance of your private spaces or to record your conversations without consent, file a police report. Violations of RSA 644:9 are criminal offenses.
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Consult an attorney. You may have grounds for a civil invasion of privacy lawsuit, or you may be able to pursue civil damages under RSA 570-A:11 if audio recording is involved.
Physical Solutions
You can also take steps to block a camera's view of your property:
- Install privacy fencing along your property line
- Plant tall hedges or trees to create natural barriers
- Use window film or curtains to block interior views
- Install your own cameras to document any intrusive behavior
Nanny Cam Laws in New Hampshire
Nanny cameras, or hidden cameras used to monitor caregivers in your home, are subject to specific rules in New Hampshire based on the state's privacy and wiretapping statutes.
Where You Can Place a Nanny Cam
- Living rooms and family rooms where childcare takes place
- Kitchens and dining areas
- Playrooms and nurseries (in common areas)
- Hallways and entryways
Where You Cannot Place a Nanny Cam
- Bathrooms used by the caregiver
- Bedrooms designated for the caregiver's private use (for live-in nannies)
- Any room where the caregiver may change clothes or has a reasonable expectation of privacy
Under RSA 644:9, installing a recording device in a private place without consent is a class A misdemeanor. A caregiver's designated bedroom and any bathroom they use are considered private places.
Audio on Nanny Cams
If your nanny cam records audio, New Hampshire's all-party consent law under RSA 570-A:2 applies. Since you are not present during the conversations being recorded, and the caregiver has not consented to the recording, capturing audio could violate the wiretapping statute.
The safest approach for nanny cam audio in New Hampshire is to:
- Disable audio recording on the nanny cam entirely, or
- Inform the caregiver in writing that both audio and video recording take place in the home, and obtain their signed consent before they begin work
- Keep a copy of the signed consent in your records
Disclosure Requirements
While New Hampshire does not have a specific nanny cam statute, the combination of RSA 644:9 and RSA 570-A effectively requires disclosure. The safest practice is to include information about camera use in the caregiver's employment agreement and to post signage in areas where cameras are present.
Drone Surveillance Laws in New Hampshire
New Hampshire's dedicated drone statute is RSA 644:23, Unlawful Operation or Use of Small Unmanned Aircraft System, effective January 1, 2026. It is not a general surveillance-consent law. It targets unsafe and unlawful drone operation rather than setting a blanket consent requirement for drone-based surveillance.
What RSA 644:23 Covers
- Operating a drone in violation of FAA rules (14 C.F.R. Part 107) is a violation for a first offense and a misdemeanor for a second or later offense.
- Operating a drone that interferes with law enforcement, firefighting, or other emergency response operations, or that violates any provision of RSA 644:9, is a misdemeanor. Licensed news media may operate with FAA authorization while following the responding agency's directives.
- Negligently operating a drone in a way that interferes with or disrupts a human-occupied aircraft is a class A misdemeanor. If the interference damages the aircraft, it is a class B felony. If it causes a crash that results in death or serious bodily injury, it is a class A felony.
- Flying over a correctional facility is a misdemeanor, escalating to a class B felony if the purpose is delivering contraband.
- Equipping or knowingly possessing a drone with a device capable of causing serious bodily injury, death, or property damage is a class B felony, with exceptions for bomb squads and authorized law enforcement distraction devices.
- Law enforcement officers acting within their lawful authority are exempt.
Drone Surveillance of Private Spaces
RSA 644:23 does not create its own consent standard for drones used to watch people. It borrows one: RSA 644:23, III makes it a misdemeanor to operate a small unmanned aircraft system that interferes with law enforcement, firefighting, or other emergency response operations, or that "violates any provisions of RSA 644:9." The substantive privacy rule therefore comes from New Hampshire's general privacy statute, RSA 644:9, the same law that governs hidden cameras, and a drone operator who breaks that rule can be charged under both statutes. It is a class A misdemeanor to use any device, including a drone, to observe or record inside a private place, or to capture from outside a private place images or sounds that would not ordinarily be perceptible from there.
Penalties for Drone Violations
| Violation | Statute | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|---|
| Violating FAA drone rules (2nd or later offense) | RSA 644:23, II | Misdemeanor (unclassified, defaults to Class B under RSA 625:9 IV(c)) | None | $1,200 |
| Interfering with emergency response, or operating a drone in violation of RSA 644:9 | RSA 644:23, III | Misdemeanor (unclassified, defaults to Class B under RSA 625:9 IV(c)) | None | $1,200 |
| Negligent interference with a manned aircraft | RSA 644:23, IV | Class A Misdemeanor | Up to 1 year | $2,000 |
| Interference that damages a manned aircraft | RSA 644:23, IV | Class B Felony | Up to 7 years | $4,000 |
| Interference causing a fatal or injurious crash | RSA 644:23, IV | Class A Felony | Up to 15 years | $4,000 |
| Weaponized drone | RSA 644:23, VI | Class B Felony | Up to 7 years | $4,000 |
| Drone surveillance of a private space | RSA 644:9 | Class A Misdemeanor | Up to 1 year | $2,000 |
Landlord and Tenant Surveillance Camera Rules
New Hampshire landlords and tenants must follow the same privacy laws that apply to all residents. There is no separate landlord-specific surveillance camera statute.
What Landlords Can Do
Landlords may install video-only surveillance cameras in:
- Building lobbies and hallways as common areas
- Parking lots for security purposes
- Building exteriors including entrances and exits
- Laundry rooms and other shared spaces
What Landlords Cannot Do
- Install cameras that record inside tenants' individual units
- Place cameras in areas where tenants have a reasonable expectation of privacy, such as inside building restrooms or changing areas
- Record audio without consent from all parties under RSA 570-A:2
- Use cameras to monitor individual tenant behavior or harass tenants
Tenant Camera Installation
Tenants generally have the right to install security cameras inside their own rental units. However, tenants should:
- Review their lease agreement for any restrictions on camera installation
- Avoid placing cameras that record common areas or other tenants' units
- Not drill holes or make permanent modifications without landlord approval
- Comply with all audio recording consent requirements
If you believe your landlord is conducting unlawful surveillance, you can contact the New Hampshire Department of Justice Consumer Protection Bureau or file a complaint in District Division court.
HOA and Local Regulations
In addition to state law, homeowners in New Hampshire may be subject to additional surveillance camera rules imposed by their homeowners association or local municipality.
HOA Camera Rules
New Hampshire does not have a statewide law governing HOA security camera policies. However, your HOA's covenants, conditions, and restrictions (CC&Rs) may include rules about camera placement, visibility, and positioning. Common HOA restrictions include requirements that cameras be aesthetically discreet, prohibitions on cameras aimed at common areas managed by the HOA, and rules about notification to the association before installation.
Before installing cameras in an HOA community, review your governing documents or contact your HOA board for guidance.
Local Ordinances
Some New Hampshire cities and towns may have additional regulations regarding security cameras, particularly for commercial properties. Check with your local city hall or town clerk's office for any applicable ordinances.
Penalties Summary for Surveillance Violations in New Hampshire
| Violation | Statute | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|---|
| Wiretapping (non-party) | RSA 570-A:2, I | Class B Felony | Up to 7 years | $4,000 |
| Recording as party without consent | RSA 570-A:2, I-a | Misdemeanor (unclassified, defaults to Class B under RSA 625:9 IV(c)) | None (Class B misdemeanors carry no incarceration under RSA 651:2 III) | $1,200 |
| Privacy violation (hidden camera) | RSA 644:9, I | Class A Misdemeanor | Up to 1 year | $2,000 |
| Voyeurism for sexual gratification | RSA 644:9, III-a | Misdemeanor (unclassified, defaults to Class B) | None (Class B misdemeanors carry no incarceration under RSA 651:2 III) | $1,200 |
| Repeat privacy violation | RSA 644:9, VI | Class B Felony | Up to 7 years | $4,000 |
| Privacy violation against child | RSA 644:9, VII | Class B Felony | Up to 7 years | $4,000 |
| Repeat violation against child | RSA 644:9, VII | Class A Felony | Up to 15 years | $4,000 |
| Nonconsensual image sharing | RSA 644:9-a | Class B Felony | Up to 7 years | $4,000 |
| Drone interference with manned aircraft (negligent) | RSA 644:23, IV | Class A Misdemeanor | Up to 1 year | $2,000 |
| Drone surveillance of a private space | RSA 644:9 | Class A Misdemeanor | Up to 1 year | $2,000 |
| Drone operation that violates RSA 644:9 | RSA 644:23, III | Misdemeanor (unclassified, defaults to Class B under RSA 625:9 IV(c)) | None (Class B misdemeanors carry no incarceration under RSA 651:2 III) | $1,200 |
| Trespassing to spy | RSA 644:9, IV | Misdemeanor (unclassified, defaults to Class B) | None (Class B misdemeanors carry no incarceration under RSA 651:2 III) | $1,200 |
Related New Hampshire Camera and Privacy Laws
- New Hampshire Recording Laws covers the consent rule that governs camera audio in New Hampshire.
- New Hampshire Security Camera Recording Rules explains the recording-law side of camera use.
- New Hampshire Biometric Privacy Laws addresses facial recognition and biometric data.
- New Hampshire Ring Doorbell Laws covers video doorbell rules in New Hampshire.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
- HOA Security Camera Rules
- Neighbor Security Camera Laws
- Nanny Cam Laws
- Workplace Surveillance Camera Laws
- Landlord Security Camera Laws
More New Hampshire Laws
Frequently Asked Questions
Are home security cameras legal in New Hampshire?
Yes. New Hampshire homeowners can legally install video-only security cameras on their own property, including front porches, driveways, garages, backyards, and common living areas. However, cameras cannot be placed in areas where others have a reasonable expectation of privacy, such as bathrooms or guest bedrooms. Under RSA 644:9, installing a recording device in a private place without consent is a class A misdemeanor punishable by up to 1 year in jail and a $2,000 fine. If your cameras record audio, you must obtain consent from all parties under New Hampshire's all-party consent law (RSA 570-A:2).
Can my neighbor legally point a security camera at my property in New Hampshire?
It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas such as sidewalks and streets, even if your home appears in the background. However, if the camera is deliberately aimed to look inside your windows or into a fully fenced backyard where you have a reasonable expectation of privacy, it could violate RSA 644:9. If the camera records audio of your conversations without your consent, it would also violate the all-party consent requirement under RSA 570-A:2. You can ask the neighbor to adjust the camera, file a police report, or consult an attorney about civil remedies.
Is it legal to use a nanny cam in New Hampshire?
You can use a video-only nanny cam in common areas of your home such as living rooms, kitchens, and playrooms. Cameras cannot be placed in bathrooms or private bedrooms used by the caregiver, as these are considered private places under RSA 644:9. If the nanny cam records audio, you must obtain consent from the caregiver under RSA 570-A:2, because New Hampshire requires all-party consent for audio recording. The safest approach is to either disable audio recording entirely or inform the caregiver in writing and obtain signed consent.
Can my employer record me at work with security cameras in New Hampshire?
New Hampshire does not have a specific workplace surveillance statute. Employers may generally install video-only cameras in common work areas such as lobbies, hallways, warehouses, and parking lots. Cameras are prohibited in restrooms, changing areas, and other spaces where employees have a reasonable expectation of privacy under RSA 644:9. Employers cannot use cameras with active microphones to record employee conversations without the consent of every participant, as this would violate the all-party consent requirement under RSA 570-A:2.
What are the penalties for illegal surveillance in New Hampshire?
Penalties depend on the specific violation. Willfully intercepting communications without all-party consent under RSA 570-A:2 is a class B felony punishable by up to 7 years in prison and a $4,000 fine. A participant who records without the other parties' consent faces an unclassified misdemeanor under RSA 570-A:2, I-a, which RSA 625:9, IV(c) presumes to be a class B misdemeanor carrying no jail time and a maximum $1,200 fine, unless the state gives notice seeking class A penalties. Installing hidden cameras in private places under RSA 644:9 is a class A misdemeanor with up to 1 year in jail and a $2,000 fine. Repeat offenses and offenses involving minors are elevated to felonies. Victims can also pursue civil damages of at least $1,000 under RSA 570-A:11.
Updates
Corrected the penalty for recording a conversation you are part of under RSA 570-A:2, I-a (an unclassified misdemeanor that defaults to class B, not class A), added the statutory definition of oral communication that limits the all-party consent rule, and noted that RSA 644:23, III makes a drone violation of RSA 644:9 chargeable under the drone statute as well.
Rewrote the Drone Surveillance section: the cited statute, RSA 644-A, is actually New Hampshire's unrelated electronic-device-location-tracking law, not a drone law, and the specific consent, warrant, and state-park-fine claims built on it could not be verified anywhere. Replaced it with New Hampshire's real drone statute, RSA 644:23 (effective January 1, 2026), and noted that drone-based snooping into private spaces is covered by the state's existing general privacy law, RSA 644:9.
Independently fact-checked against the cited primary sources
Corrected the classification of RSA 644:9 III-a (sexual-gratification viewing) and IV (trespass to spy): both are statutorily unclassified misdemeanors that default to Class B under RSA 625:9 IV(c), not Class A. Class B misdemeanors under RSA 651:2 III carry no incarceration and a $1,200 fine cap (not up to 1 year / $2,000).
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 644 BREACHES OF THE PEACE AND RELATED OFFENSES
§ 644:9Violation of Privacy.In forcecited in 12 of our articles
I. A person is guilty of a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses: (a) Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or (b) In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or (c) Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place. II.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. McLellan (Supreme Court of New Hampshire 1999, 144 N.H. 602)“…pposite. Finally, we reject the defendant’s argument that RSA 644:9 (1996) supports his claim that he had a…”
- State of New Hampshire v. Justin M. Lamontagne (Supreme Court of New Hampshire 2023)“…assault and a case involving dissemination of an image. See RSA 644:9- a, II(c). We fail to see such a distin…”
- State v. Richard Lucas (Supreme Court of New Hampshire 2018)“…(1) an intent to commit a violation of privacy pursuant to RSA 644:9, III-a or IV (2016) does not satisfy th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Landlord-Tenant Recording Laws, New Hampshire Medical Recording Laws, New Hampshire Laws on Recording in Public
§ 644:23Unlawful Operation or Use of Small Unmanned Aircraft System.In forcecited in 2 of our articles
I. As used in this section: (a) "Aircraft" shall mean "aircraft" as it is defined in RSA 422:3, VI. (b) "Operation" or "operate" shall mean "operation of aircraft" or "operate aircraft" as those terms are defined in RSA 422:3, XXII. (c) "Small unmanned aircraft" shall mean "small unmanned aircraft" as it is defined in RSA 422:3, XXVII-a. (d) "Small unmanned aircraft system" shall mean "small unmanned aircraft system" as it is defined in RSA 422:3, XXVII-b. II. A person is guilty of a violation for a first offense, and a misdemeanor for a second or subsequent offense, if such person operates a small unmanned aircraft system in violation of laws and regulations of the Federal Aviation Administration (FAA), including but not limited to 14 C.F.R. part 107. III. A person is guilty of a misdemeanor if such a person operates a small unmanned aircraft system that interferes with law enforcement, firefighting, or other emergency response operations, or violates any provisions of RSA 644:9. News media personnel are exempt from this provision as long as they: (a) Comply with FAA Small Unmanned Aircraft Systems Rule, 14 C.F.R.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at gc.nh.gov
Also relied on in: New Hampshire Drone Laws: RSA 644:23 & Privacy Rules (2026)
New Hampshire Revised Statutes Annotated, TITLE LVIII PUBLIC JUSTICE, CHAPTER 570-A WIRETAPPING AND EAVESDROPPING
§ 570-A:2Interception and Disclosure of Telecommunication or Oral Communications Prohibited.In forcecited in 23 of our articles
I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person: (a) Wilfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication; (b) Wilfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: (1) Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in telecommunication, or (2) Such device transmits communications by radio, or interferes with the transmission of such communication, or (3) Such use or endeavor to use (A) takes place on premises of any business or other commercial establishment, or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment; or (c) Wilfully discloses, or endeavors to disclose, to any other person the contents of any telecommunication or oral communication, knowing or having reason to know that…
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 35 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):New Hampshire courts read the felony offense in RSA 570-A:2, I as requiring more than intent to record. Fischer v. Hooper (1999) held wilfully means intentional or reckless disregard for the lawfulness of the conduct, so a good faith belief is a defense. State of New Hampshire v. Adam Mueller (2014) reversed on that mens rea.
Opinions citing this section in our collection:
- State v. Kilgus (Supreme Court of New Hampshire 1986, 128 N.H. 577)✓A murder-for-hire middleman agreed to wear a hidden recorder and got the defendant to confirm paying $1,000 to have a man killed; the court held the taping was lawful under RSA 570-A:2, II(d) because one party consented and homicide is an enumerated offense.
- Fischer v. Hooper (Supreme Court of New Hampshire 1999, 143 N.H. 585)✓A father secretly taped his ex-wife's calls with their daughter though a guardian ad litem had said both parents must agree; the court held wilfully in RSA 570-A:2, I requires intentional or reckless disregard for the lawfulness of the conduct, and reversed for a new trial.
- State of New Hampshire v. Adam Mueller (Supreme Court of New Hampshire 2014, 166 N.H. 65)✓A police-accountability activist recorded three phone calls with a police captain and two school officials without telling them; the court held that instructing the jury on purposely rather than the statute's wilfully was plain error and reversed his wiretapping convictions.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Security Camera Laws, New Hampshire Video Recording Laws, New Hampshire Voyeurism Laws
§ 570-A:11Recovery of Civil Damages Authorized.In forcecited in 14 of our articles
Any person whose telecommunication or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose or use such communications, and be entitled to recover from any such person: (a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (b) punitive damages; and (c) a reasonable attorney's fee and other litigation costs reasonably incurred. Good faith reliance on a court order or on a representation made by the attorney general, deputy attorney general or a county attorney shall constitute a complete defense to any civil or criminal action brought under this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2021
In the courts (editorial summary, independently checked):Courts have applied RSA 570-A:11 as the chapter's private damages remedy. Desilets v. Wal-Mart Stores (1997) awarded fees and costs under 570-A:11(c) after a jury found statutory damages for secret workplace recording; Lath v. Manchester PD, et al. (2017) entered judgment for the defendant where no interception was shown.
Opinions citing this section in our collection:
- Karen Warrington, individually, and as m/n/f of J.W. v. P John Edward Warrington (District Court, D. New Hampshire 2021, 2021 DNH 070)✓A father secretly recorded a call with his son at a New Hampshire boarding school and later used it in divorce proceedings; the court dismissed the mother's 570-A:11 damages claim because the complaint never alleged he was in New Hampshire when he recorded.
- Sanjeev Lath v. Oak Brook Condominium Owners’ Association, Gerard Dufresne, and Betty Mullen (District Court, D. New Hampshire 2018, 2018 DNH 013)“…upport dogs. Count 9: an eavesdropping claim under RSA 570-A:11 against Mullen, for installing came…”
- Lath v. Manchester PD, et al. (District Court, D. New Hampshire 2017, 2017 DNH 164)✓A condominium owner claimed a neighbor drilled holes in their shared wall and installed listening devices in his unit; on her unrebutted affidavit denying it, the court granted summary judgment against his 570-A:11 eavesdropping claim.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Audio Recording Laws, New Hampshire Dashcam Laws, New Hampshire Phone Call Recording Laws
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 625 PRELIMINARY
§ 625:9Classification of Crimes.In forcecited in 13 of our articles
I. The provisions of this section govern the classification of every offense, whether defined within this code or by any other statute. II. Every offense is either a felony, misdemeanor or violation. (a) Felonies and misdemeanors are crimes. (b) A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. III. A felony is murder or a crime so designated by statute within or outside this code or a crime defined by statute outside of this code where the maximum penalty provided is imprisonment in excess of one year; provided, however, that a crime defined by statute outside of this code is a felony when committed by a corporation or an unincorporated association if the maximum fine therein provided is more than $200. (a) Felonies other than murder are either class A felonies or class B felonies when committed by an individual. Felonies committed by a corporation or an unincorporated association are unclassified.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 65 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Samuel Pennock (Supreme Court of New Hampshire 2015, 168 N.H. 294)“…shall not include incarceration or probation”); see also RSA 625:9, IV(b) (2007) (defining a class B misde…”
- State v. Morrill (Supreme Court of New Hampshire 1983, 123 N.H. 707)“…ed the sum of $500. In 1971, the legislature enacted RSA 625:9, under which every offense defined with…”
- State v. Woods (Supreme Court of New Hampshire 1995, 139 N.H. 399)“…es that his violation is not a “criminal” act because under RSA 625:9, 11(b) (1986), a violation is not a “cr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Laws on Recording Police, New Hampshire School Recording Laws, New Hampshire AI Meeting Recording Laws (2026)
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 651 SENTENCES
§ 651:2Sentences and Limitations.In forcecited in 14 of our articles
I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine. II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed: (a) Fifteen years for a class A felony, (b) Seven years for a class B felony, (c) One year for a class A misdemeanor, (d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a minimum which is not to exceed 1/2 of the maximum, or if the maximum is life imprisonment, such minimum term as the court may order. II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 630:1-a. II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a minimum mandatory sentence of 3 years imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 147 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Russell (2009) found plain error where the jury was never asked whether the deadly weapon was a firearm, as RSA 651:2, II-g requires, but affirmed the extended term because that evidence was overwhelming. State v. Elbert (1984) held the minimum and maximum term rule of RSA 651:2, II applies only if a defendant is parole eligible.
Opinions citing this section in our collection:
- State v. Kousounadis (Supreme Court of New Hampshire 2009, 159 N.H. 413)“…rder, see RSA 173-B:9, III (2002). He was sentenced under RSA 651:2, II-g (2007). We affirm in part, revers…”
- State v. Russell (Supreme Court of New Hampshire 2009, 159 N.H. 475)✓A jury convicted Russell of armed robbery but was never instructed it had to find the deadly weapon was a firearm; the court called the resulting RSA 651:2, II-g enhanced sentence plain error yet declined to disturb it given overwhelming, undisputed firearm evidence.
- Duquette v. Warden, New Hampshire State Prison (Supreme Court of New Hampshire 2007, 154 N.H. 737)✓A prisoner serving consecutive sexual assault terms argued no statute allowed them; the court found RSA 651:2 silent on consecutive sentences except its firearm provision in II-b, but held trial courts retain common law authority to impose them and rejected a vagueness challenge.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Workplace Recording Laws, New Hampshire Ring Doorbell Laws: What You Need to Know in 2026
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Sources and References
- RSA 570-A: Wiretapping and Eavesdropping(gc.nh.gov).gov
- RSA 570-A:2: Interception and Disclosure of Telecommunication or Oral Communications Prohibited(gc.nh.gov).gov
- RSA 644:9: Violation of Privacy(gc.nh.gov).gov
- RSA 644:9-a: Nonconsensual Dissemination of Private Sexual Images(gc.nh.gov).gov
- RSA 644:23: Unlawful Operation or Use of Small Unmanned Aircraft System(gc.nh.gov).gov
- RSA 625:9: Classification of Crimes(gc.nh.gov).gov
- RSA 651:2: Sentences and Limitations(gc.nh.gov).gov
- RSA 570-A:11: Recovery of Civil Damages Authorized(gc.nh.gov).gov
- RSA 105-D: Body-Worn Cameras(gc.nh.gov).gov
- New Hampshire Department of Justice - Data Privacy Enforcement(doj.nh.gov).gov
- New Hampshire Judicial Branch - Criminal Definitions(courts.nh.gov).gov
- NH Department of Transportation - UAS (Drones)(dot.nh.gov).gov
- RSA 570-A:1: Wiretapping and Eavesdropping - Definitions(gc.nh.gov)