Privacy · Recording Consent
Is It Legal to Record a Call in New Hampshire?
Whether you can record a conversation in New Hampshire, 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 New Hampshire
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 |
|---|---|
| Everyone must consent | RSA 570-A:2, I makes it a class B felony to wilfully intercept any telecommunication or oral communication without the consent of all parties. Being a participant does not excuse you. |
| Recording a call you are on is a misdemeanor | RSA 570-A:2, I-a grades participant recording, or recording with one party’s consent, as a misdemeanor rather than a felony. So being on the call is a grade-reducer in New Hampshire, not a defense. |
| Phone calls get no privacy screen | For in-person talks, "oral communication" (RSA 570-A:1, II) requires a reasonable expectation of privacy. A "telecommunication" is defined purely by the medium, so every phone call is protected regardless of how public its content. |
| Covers phone, in person, and wireless | The chapter reaches "telecommunication" and "oral communication," and RSA 570-A:1, IX sweeps in wireless entry or access point technology. Soundless video is not addressed. |
| When it is different | What it means |
|---|---|
| Emergency and public-safety lines | Emergency-call takers at fire, police, E-911, and emergency services may record (RSA 570-A:2, II(h)), as may regulated public utilities responding to dispatch or emergency calls, with a repeating audible tone-warning device (II(i)). |
| Police recording with notice | A uniformed officer may record a routine roadside stop only after telling the party, unless it is not reasonable or practicable (RSA 570-A:2, II(j)). Body-worn recordings under RSA 105-D are also carved out (II(m)). |
| Carriers and court orders | A switchboard operator or communications common carrier acting in the normal course is exempt, with no random monitoring except quality-control checks (RSA 570-A:2, II(a)). Court orders under the chapter are also carved out. |
What you can do right now
Concrete, neutral steps before you record a conversation in New Hampshire. This is legal information, not legal advice.
- Get consent from everyone before recording
New Hampshire is all-party. For a phone call or a private conversation, ask each participant to agree on the record before you start.
- Do not assume being on the call helps
Recording a call you are on is still unlawful, just a misdemeanor instead of a felony under RSA 570-A:2, I-a. The safe path is all-party consent.
- Be careful with interstate calls
If the other person is in New Hampshire, its all-party rule can reach you even from a one-party state. When in doubt, get consent from everyone.
- Talk to a New Hampshire attorney if you are accused
A class B felony carries up to 7 years, and a private plaintiff can sue under RSA 570-A:11 even if the state never charges you. A licensed New Hampshire attorney can advise, and the Department of Justice handles statewide matters.
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.
→ New Hampshire Department of JusticeThis 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 New Hampshire
New Hampshire is a strict all-party consent state. RSA 570-A:2, I makes it a class B felony to record a phone call or a private conversation without the consent of all parties, and a class B felony carries up to 7 years in prison. What surprises most people is how New Hampshire treats recording a call you are actually on. In most states that is the safest thing you can do, but here it is still unlawful, graded down to a misdemeanor under RSA 570-A:2, I-a rather than excused. So being a participant is a grade-reducer, not a defense. A second trap is that phone calls get no privacy screen at all. For in-person conversations the statute protects only talk held with a reasonable expectation of privacy, but a "telecommunication" is defined purely by the medium, so every phone call is covered no matter how public its content. The state even had to write exceptions for its own police, letting a uniformed officer record a routine traffic stop only after telling the driver unless that is not reasonable or practicable, and school buses need a public hearing, a posted sign, and a retention limit before they can record audio. A victim can sue under RSA 570-A:11 for at least $1,000 plus punitive damages and fees, and Fischer v. Hooper (1999) shows New Hampshire courts will let a private plaintiff enforce the statute even where the Attorney General declined to arrest.
Common questions
Is it a felony to record my own phone call in New Hampshire?
Recording a call you are on is a misdemeanor under RSA 570-A:2, I-a, not the class B felony that applies to recording someone else’s communication. It is still unlawful, so the safe path is all-party consent.
Does a loud public setting save me if I record a conversation?
For an in-person conversation, maybe, because "oral communication" requires a reasonable expectation of privacy. For a phone call, no, because a telecommunication is protected by its medium regardless of content.
Can I record a police officer during a traffic stop in New Hampshire?
The statute allows a uniformed officer to record a routine stop after telling you (RSA 570-A:2, II(j)). Rules for a citizen recording an officer are narrower, so confirm the current carve-outs for your situation.
Can I sue someone who taped me even if the AG never charges them?
Yes. RSA 570-A:11 gives a private right of action for at least $1,000 in liquidated damages plus punitive damages and attorney’s fees, as illustrated by Fischer v. Hooper.
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.