Privacy · Recording Consent
Is It Legal to Record a Call in New York?
Whether you can record a conversation in New York, 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 York
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 |
|---|---|
| A participant may record | Section 250.00 defines mechanical overhearing as recording a conversation "without the consent of at least one party thereto, by a person not present thereat." A present participant recording is therefore not eavesdropping. |
| Wiretapping requires a non-party | Wiretapping is defined as overhearing "by a person other than a sender or receiver," which again exempts a participant to the call. |
| Phone and in-person both covered | The rule applies to telephone and in-person conversations alike. |
| When it is different | What it means |
|---|---|
| Recording others’ conversation | Secretly recording a conversation you are not part of, without any party’s consent, is eavesdropping, a class E felony. |
| Criminal or tortious purpose | A recording made to facilitate a crime can lose its protection even if you were a participant. |
| Silent video | The eavesdropping law targets audio. Silent video is treated under different rules. |
What you can do right now
Concrete, neutral steps before you record a conversation in New York. This is legal information, not legal advice.
- You may record a conversation you are in
As a participant in a New York conversation, you can record it without telling the others. The eavesdropping law only reaches non-participants.
- Never record a conversation you are not part of
Secretly recording others’ conversation, with no party’s consent, is eavesdropping, a class E felony. Stay a participant.
- Keep the purpose lawful
A recording made to facilitate a crime can lose its protection. Record for legitimate reasons only.
- Get consent on interstate calls
If the other person is in an all-party state, that stricter rule may apply. When a call crosses state lines, ask everyone before recording.
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 York State Bar — Lawyer ReferralThis 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 York
New York is a one-party consent state, so you can record a conversation you are part of without anyone else’s permission. The reason is in the definitions: the eavesdropping law reaches "mechanical overhearing" only when done "by a person not present," and wiretapping only "by a person other than a sender or receiver." A participant is neither, so recording your own call or meeting is not eavesdropping. The line you cannot cross is participation. Secretly recording a conversation you are not part of, with no one’s consent, is eavesdropping, a class E felony carrying up to four years in prison. A recording made to facilitate a crime can also lose protection. The usual interstate trap applies: New York’s permissive rule does not travel, so if the person on the other end is in an all-party state like California or Florida, that stricter rule can control, and the safe move on cross-border calls is to get everyone’s consent.
Common questions
Is it legal to record a phone call in New York?
Yes, if you are part of the conversation. New York is a one-party state, and its eavesdropping law only reaches recording by a non-participant, so a party to the call may record.
Can I record a conversation I am part of without telling anyone in New York?
Yes. As a participant you may record without notifying the others, because the eavesdropping law targets recording "by a person not present" or by someone other than a sender or receiver.
What is the penalty for illegal recording in New York?
Eavesdropping, meaning recording a conversation you are not part of, is a class E felony under §250.05, punishable by up to four years in prison.
Can I record a call with someone in an all-party state?
Be careful. If the other person is in an all-party state like California or Florida, that stricter rule can apply to the call. On interstate calls, the safest course is to get consent from everyone.
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.