New York is a one-party consent state for recording conversations. This means that under New York law, it is legal to record a conversation as long as at least one party to the conversation consents to the recording.
The relevant statute is New York Penal Law Section 250.05, which prohibits unlawful wiretapping and mechanical overhearing of conversations. However, this law only applies when the recording is made without the consent of at least one party to the conversation.
Specifically, the law allows for recording if:
1. You are a party to the conversation and consent to the recording.
2. You are not a party to the conversation, but at least one party to the conversation has given you permission to record.
It’s important to note that violating this law by recording without any party’s consent is considered a Class E felony, punishable by up to four years in prison and a fine of $5,000.
While New York’s one-party consent law applies to both in-person and telephone conversations, there are some important considerations:
1. Interstate communications may be subject to different laws, especially if the other party is in a two-party consent state.
2. Federal law also follows the one-party consent rule, aligning with New York’s statute.
Understanding these laws is crucial for anyone considering recording conversations in New York, as illegal recordings can lead to criminal charges and civil liability, and may not be admissible as evidence in court.