Video Surveillance Laws by State 2025
One-Party Consent
38
All-Party Consent
12
Mixed Consent
1
State | Video Surveillance Laws↓ | Additional Details | |
|---|---|---|---|
 | Alabama | One-Party Consent | According to Ala. Code § 13A-11-30 you are not allowed to video record people in “A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access”. |
 | Alaska | One-Party Consent | Alaska's highest court has specifically held that the eavesdropping statute is only in place to address 3rd party interceptions. They do have specific protections in place for nude photo and film. |
 | Arizona | One-Party Consent | Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park. One major caveat is that the owner of the telephone line may record phone calls without taking part of them (such as a business owner). |
 | Arkansas | One-Party Consent | Ark. Code Ann. § 5-60-120 Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park. |
 | Colorado | One-Party Consent | In Colorado it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park. |
 | District of Columbia | One-Party Consent | In D.C. it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park. |
 | Georgia | One-Party Consent | In Georgia it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Georgia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ga. Code Ann. § 16-11-66(a). Georgia does have a caveat which allows for parents to legally intercept the communications of their children. |
 | Hawaii | One-Party Consent | Hawaii recording law stipulates that it is a one-party consent state. In Hawaii, it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Hawaii, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Haw. Rev. Stat. § 803-42. |
 | Idaho | One-Party Consent | Idaho recording law stipulates that it is a one-party consent state. In Idaho, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Idaho, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Idaho Code Ann. § 18-6702. |
 | Indiana | One-Party Consent | In Indiana, it is a criminal offense to use any device to intercept communications, whether wire or electronic, without the consent of at least one person taking part in the communication. Ind. Code Ann. § 35-31.5-2-176. This applies to text messages and e-mails as well. Ind. Code Ann. § 35-31.5-2-110. |
 | Iowa | One-Party Consent | In Iowa, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, as long as the recording is made without any criminal intent. Iowa Code Ann. § 808B.2. This means that in Iowa, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Iowa Code Ann. § 727.8. |
 | Kansas | One-Party Consent | In Kansas, it is a criminal offense to use any device to record, listen to or amplify communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kansas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Kan. Stat. Ann. § 21-6101(4). This state also has a hidden camera law which forbids the recording and disclosure of intercepted images. Kan. Stat. Ann. § 21-6101(6). |
 | Kentucky | One-Party Consent | It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kentucky, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ky. Rev. Stat. Ann. § 526.020. This state’s voyeurism laws also forbids the recording or disclosure of illegally obtained images. Ky. Rev. Stat. Ann. § 531.090. |
 | Louisiana | One-Party Consent | It is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Louisiana, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. La. Rev. Stat. Ann. § 15:1303. This state also forbids the recording or sharing obtained illegally under its video voyeurism laws. La. Rev. Stat. Ann. § 14:283. |
 | Maine | One-Party Consent | It is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, unless the conversation is audible by normal, unaided hearing. This means that in Maine, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Me. Rev. Stat. Ann. tit. 15, § 710. This state’s privacy laws also forbid the recording or sharing of images obtained illegally. Me. Rev. Stat. Ann. tit. 17-A, §511. |
 | Minnesota | One-Party Consent | It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Minnesota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intent. Minn. Stat. § 626A.02. This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Minn. Stat. § 609.746. Minn. Stat. § 626A.02 , Minn. Stat. § 609.746. |
 | Mississippi | One-Party Consent | It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Mississippi, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Miss. Code Ann. § 41-29-531(e). This state’s hidden camera law forbids the recording or sharing of illegally obtained images. Miss. Code Ann. § 97-29-63. |
 | Missouri | One-Party Consent | It is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party. t is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party. This state does stipulate that electronic communications can be lawfully recorded or shared with the consent of at least one party, barring any criminal intentions. This applies to conversations where all contributing parties are using a cell phone, including text messages sent between cell phones. However, a Missouri appellate court determined that a conversation taking place where one party is using a cell phone and the other is using a regular wire phone is indeed protected under the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998). |
 | Nebraska | One-Party Consent | It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Nebraska, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Neb. Rev. Stat. § 86-290 (2011). |
 | Nevada | One-Party Consent | It is a criminal offense to use any device to record, obtain, share or use oral conversations without the consent of at least one person taking part in the communication. However, the recording or sharing of wire conversations require the consent of all involved parties. This means that in Nevada, you are legally allowed to record an oral conversation if you are a contributor, or with prior consent from one of the involved parties, but you need the consent of everyone involved to record wire communications. Wired communication refers to the transmission of data, so even if it's a wireless device such as a cellphone it is still considered to be wired communication. Examples of wired communications are cell phones, land lines, zoom calls, and VOIP. |
 | New Jersey | One-Party Consent | It is a criminal offense to use any device to record or share communications, whether they are oral or electronic, without the consent of at least one person taking part in the communication. This means that in New Jersey, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. N.J. Stat. Ann. § 2A:156A-4 (West 2012). |
 | New Mexico | One-Party Consent | It is a criminal offense to use any device to record, obtain, share or use wire communications without the consent of at least one person taking part in the conversation. This means that in New Mexico, you are legally allowed to record a wire conversation if you are a contributor, or with prior consent from one of the involved parties. This state does not require consent to record oral communication. N.M. Stat. Ann. § 30-12-1 (West 2012). New Mexico law states that journalists do not require consent to record electronic communications. This applies to conversations where all contributing parties are using a cell phone or other wireless devices, including text messages sent between cell phones. N.M. Stat. Ann. § 30-12-1. |
 | New York | One-Party Consent | It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in New York, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012). |
 | North Carolina | One-Party Consent | It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Carolina, you are legally allowed to record a conversation with prior consent from one of the involved parties. N.C. Gen. Stat. Ann. § 15A-287 (West 2012). A North Carolina appellate court determined that implied consent to a recording is established once a party is told they are being recorded and remains a part of the conversation regardless. North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005). |
 | North Dakota | One-Party Consent | It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. N.D. Cent. Code § 12.1-15-02 (2011). However, while the consent of one party is required to record a telephone conversation, this only applies to conversations that take place entirely or partially through “wire, cable, or other like connection between the point of origin and the point of reception”. Therefore, conversations where all parties are using a cell phone, as well as messages exchanged between cell phones, can be lawfully intercepted. N.D. Cent. Code § 12.1-15-04. |
 | Ohio | One-Party Consent | It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Ohio, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Ohio Rev. Code Ann. § 2933.52 (West 2012). |
 | Oklahoma | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Oklahoma, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Okla. Stat. Ann. tit. 13, § 176.4 (West 2012). |
 | Rhode Island | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Rhode Island, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to share the details of a conversation that has become widely circulated or available to the public. R.I. Gen. Laws § 11-35-21 (2012). |
 | South Carolina | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Carolina, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. S.C. Code Ann. § 17-30-30 (2011). |
 | South Dakota | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. S.D. Codified Laws § 23A-35A-20 (2012). |
 | Tennessee | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Tennessee, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tenn. Code Ann. § 39-13-601 (West 2012). |
 | Texas | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Texas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tex. Penal Code Ann. § 16.02 (Vernon 2011). |
 | Utah | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Utah, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications easily available to the public. |
 | Vermont | One-Party Consent | Vermont does not have an official law related to call recording, so Federal Law applies. This makes Vermont a one-party consent state. |
 | Virginia | One-Party Consent | In Virginia, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Va. Code Ann. § 19.2-62 (West 2012). |
 | West Virginia | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in West Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. W. Va. Code § 62-1D-3 (2012). |
 | Wisconsin | One-Party Consent | In Wisconsin, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wisconsin, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wis. Stat. Ann. § 968.31 (West 2011). Evidence that is obtained by recording communication is 'totally' inadmissable in civil court cases. Regardless of who took the recording, the only way a recording can be admissable in a civil case is with the consent of the person recorded. |
 | Wyoming | One-Party Consent | It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wyoming, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wyo. Stat. Ann. § 7-3-702 (2012). |
 | Oregon | Mixed Consent | Oregon Law is mixed. For in person oral recordings it is required to have consent from all parties, whereas for digital communications it is effectively a one party consent state where you are only required to have the consent of one party. |
 | California | All-Party Consent | It is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. This means that in California you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, one exception allows that if a conversation taking place in public, within government proceedings, or under conditions where one could be easily overheard is recorded, this cannot be punished under California’s eavesdropping statute. Cal. Penal Code § 632. California also has unique laws as it pertains to the entertainment industry and paparazzi. |
 | Connecticut | All-Party Consent | Connecticut can be considered as both a one party state and two party state. This is because there are different laws for in-person conversations and telephone conversations. |
 | Delaware | All-Party Consent | It is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of all parties taking part in the communication. This means that in Delaware you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Del. Code Ann. tit. 11, § 1335(a)(4). Also, Delaware has a law that prohibits anyone from trespassing on private property to eavesdrop or carry out any other form of surveillance. Del. Code Ann. tit. 11, § 1335(a)(1). |
 | Florida | All-Party Consent | In D.C. it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park. |
 | Illinois | All-Party Consent | In Illinois, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. 720 Ill. Compiled Stat. 5/14-2(a)(1). This means that in Illinois you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Although the all-party consent stipulation does not apply to police officers who are performing their official duties, there are strict penalties in place for anyone caught recording police activities in public. 720 Ill. Compiled Stat. 5/14-3(g). In December of 2014 the statute was amended to allow the recording of conversations in areas where there is no reasonable expectation of privacy. |
 | Maryland | All-Party Consent | Maryland’s Wiretapping and Electronic Surveillance Act stipulates that it is a two-party consent state. In this state, it is a criminal offense to tape-record a conversation without the consent of all involved parties. Md. Code Ann., Cts. & Jud. Proc. § 10-402. |
 | Massachusetts | All-Party Consent | Massachusetts recording law stipulates that it is a two-party consent state. In Massachusetts, it is a criminal offense to use any device to record and/or disseminate communications, whether they’re wire, oral or electronic, without the consent of all contributing parties. Mass. Ann. Laws ch. 272, § 99(C). |
 | Michigan | All-Party Consent | On the surface it appears that Michigan is an all party consent state, but previously a Michigan court has ruled that the definition of the word 'eavesdrop' inherently refers only to overhearing or recording private conversations (snooping) |
 | Montana | All-Party Consent | Montana recording law stipulates that it is a two-party consent state, excluding some specific situations. In Montana, it is generally a criminal offense to use a hidden device to record oral or electronic communications without the consent of all contributing parties. Mont. Code Ann. § 45-8-213 (2011). This means that in Montana you are not legally allowed to secretly record a conversation unless all parties are in agreement, but in some situations recordings can be made without consent as long as this is not done covertly. This means that although consent is not required, all parties must be notified that the conversation is being recorded. |
 | New Hampshire | All-Party Consent | New Hampshire recording law stipulates that it is a two-party consent state. In New Hampshire, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the conversation. This means that in New Hampshire you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, the offense is considered a misdemeanor instead of a felony if the perpetrator contributed to the communication in question or received the prior consent of one party to the recording. N.H. Rev. Stat. Ann. § 570-A:2 (2012) |
 | Pennsylvania | All-Party Consent | Pennsylvania recording law stipulates that it is a two-party consent state. In Pennsylvania, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the conversation. This means that in Pennsylvania you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. 18 Pa. Cons. Stat. Ann. § 5704 (West 2012). |
 | Washington | All-Party Consent | It is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of everyone taking part in the conversation. |
State laws regarding video surveillance have to be consistent with the Constitution’s Fourth Amendment. Under the amendment, people cannot be surveilled without their consent in places where they have a “reasonable expectation of privacy,” such as within their homes or hotel rooms, in bathrooms, locker rooms, changing rooms, in doctor’s or lawyer’s offices, or when speaking with a therapist or minister. However, there is no reasonable expectation of privacy when a person is on public roadways or in areas where the public is generally present, such as malls, stores, offices, or on public transit. People can be surveilled in these places without their knowledge or consent.
What are the rules for video surveillance?
Most states permit video surveillance in private places if the person being filmed consents to the surveillance. Generally, all that is required to give consent is to willingly enter a place where signs are posted stating that surveillance is taking place.
In all 50 states, unauthorized video surveillance for “malicious” or “unlawful” purposes is prohibited and in most states is a felony if it is done for purposes of sexual gratification—so-called “peeping tom” laws.
There is no prohibition on employers using cameras to surveil their employees—the exception being that they can’t video or record employees engaged in union organizing activities, since that is a violation of federal labor laws.
What States Allow Video Surveillance?
There are 15 states that have laws specific to video surveillance. For example, California law makes it illegal for anyone to record videos of communications that are confidential.
A small group of states, Tennessee, Utah, New Hampshire, Maine, Kansas, South Dakota, Delaware, Arkansas, and Michigan, prohibit video surveillance or the use of hidden cameras in all places where someone has a reasonable expectation of privacy unless you have obtained consent from people being filmed. Hawaii also requires consent when installing security cameras. On the other hand, Florida, Alabama, and Minnesota allow hidden video surveillance in non-private settings.
Forms of surveillance consent
Laws regulating surveillance and recording typically require one of two forms of consent: one-party consent or all-party consent. In states with one-party consent, a conversation may be recorded so long as at least one of the parties participating in the conversation consents to it. By comparison, in states with all-party consent, every person participating in the conversation must give their consent in order for the conversation to be legally recorded.
Consent requirements and guidelines are often variable. Many states apply consent requirements in private places, where individuals have a reasonable expectation of privacy, but remove those requirements in public places where privacy has been voluntarily forfeited. Also, the definition of consent can vary significantly from one state to another.
