Privacy · Recording Consent
Is It Legal to Record a Call in Maine?
Whether you can record a conversation in Maine, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Maine
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| The sender or receiver is not "intercepting" | Section 709(4) writes the one-party rule into the definition. A participant, a person within normal hearing range, and a person with prior authorization are all excluded from "intercept," so recording your own conversation is not the offense. |
| The speech must be private | Section 709 defines "oral communication" as speech uttered by a person exhibiting an expectation that it is not subject to interception under circumstances justifying that expectation. Speech with no reasonable expectation of privacy is outside the statute entirely. |
| Phone and in-person are covered, video is not | Sections 709 through 711 reach wire and oral communications, so calls and private conversations are covered. Silent video is handled separately in Title 17-A and is not part of this chapter. |
| When it is different | What it means |
|---|---|
| Sender, receiver or normal hearing range | The definition of "intercept" excludes the sender, the receiver, and anyone within normal hearing range. If you could have heard it standing there, recording it is not interception. |
| Prior authorization | A person with prior authorization to hear or record the communication is outside the definition of "intercept." |
| Carriers and officials | Section 710(1) exempts communication-carrier employees, law enforcement and investigative officers, and authorized corrections and jail investigative staff carrying out permitted practices. |
What you can do right now
Concrete, neutral steps before you record a conversation in Maine. This is legal information, not legal advice.
- Record conversations you take part in
As the sender or receiver you are not "intercepting" under § 709(4), so you may record a Maine call or private conversation you are part of without notifying anyone.
- Ask whether the speech was even private
Maine’s statute reaches only speech uttered with a reasonable expectation of privacy. A conversation in a loud public place where no one expects privacy may fall outside the law.
- Do not buy or plant an interception device
Section 710(5) makes mere possession of an interception device a Class C crime, so equipping yourself to bug a room you will not be in is an offense on its own.
- Talk to a Maine attorney or the Attorney General
A Class C interception charge carries up to five years. A licensed Maine attorney can assess the privacy question, and the Maine Office of the Attorney General handles referrals.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Maine Office of the Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Maine
Maine reaches its one-party result through a definition rather than an exception, which is why it reads a little differently from other states. 15 M.R.S. § 709(4) defines "intercept" so that it does not include the sender, the receiver, a person within normal hearing range, or a person with prior authorization. Because a participant simply is not "intercepting," you may record a call or a private conversation you are part of without telling anyone. Two features stand out. First, Maine has a "normal hearing range" exception written into the statute: if you could have heard the words standing there, recording them is not interception. Second, the statute covers only speech uttered with a reasonable expectation of privacy, so a loud exchange in a public place where no one expects privacy is outside the law entirely. The penalties tilt toward hardware. Illegal interception is a Class C crime, up to five years and a $5,000 fine, but merely possessing an interception device is also a Class C crime and selling one is a Class B crime carrying up to $20,000, so Maine’s device rules are stricter than its recording rule. The civil remedy in § 711 is unusual too: it computes damages purely at $100 per day of violation with no alternative flat floor, so a single one-off recording produces only a small statutory minimum. Maine borders only New Hampshire, an all-party state, which makes cross-border calls a live concern.
Common questions
Do I have to tell the other person I am recording a call in Maine?
No. Maine is a one-party consent state. Under 15 M.R.S. § 709(4) the sender or receiver of a communication is not "intercepting," so as a participant you may record without notifying anyone.
Does Maine’s law apply to a conversation in a loud public place?
Often not. The statute reaches only speech uttered with a reasonable expectation of privacy. A conversation in a public place where no one could expect privacy generally falls outside the law.
What counts as "normal hearing range" in Maine?
It means what you could hear unaided from where you were. The definition of "intercept" excludes a person within normal hearing range, so overhearing and recording speech you could hear standing there is not interception.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.