One-Party vs Two-Party Consent: Recording Laws by State
Before you hit record on any app, you need to understand your state’s recording consent laws. The rules vary significantly, and violating them can have legal consequences even if you’re just trying to document a noise problem.
This article is informational only, not legal advice. Recording laws and interpretations can change. Verify with current state statutes or licensed counsel.
The Two Categories
US states fall into two categories for audio recording laws:
One-Party Consent States
In these states, only one party to a conversation needs to consent to recording. Since you are a party, you can record without telling the other person. Most states follow this rule.
One-party consent states include: New York, New Jersey, Texas, Ohio, Georgia, North Carolina, Virginia, Colorado, Arizona, and most others.
Two-Party (All-Party) Consent States
In these states, all parties to a conversation must consent to being recorded. Recording without consent from everyone involved can be illegal.
Two-party consent states include: California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington.
What This Means for Noise Documentation
Here’s the good news: noise measurement is different from conversation recording.
When you’re measuring decibel levels of construction noise, loud music, or traffic, you’re typically not recording a private conversation. Sound level measurement apps like SilentProof that capture decibel readings and timestamps are measuring ambient noise, not intercepting communications.
However, there are nuances:
Generally Safe
- Measuring decibel levels of ambient noise
- Recording construction noise, traffic, or music
- Capturing general environmental sound levels
- Taking measurements from inside your own home
Exercise Caution
- Recording identifiable voices or conversations
- Pointing a recording device at a specific person
- Recording in areas where there’s a reasonable expectation of privacy
Practical Guidelines
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Focus on measurement, not recording. Decibel readings with timestamps are evidence. You don’t necessarily need audio recordings.
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Record from your own space. Capturing noise levels inside your own apartment is generally your right, regardless of consent laws.
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Check your specific state and local laws. Use official state resources and current legal references before relying on any general guide.
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Use tools designed for documentation. SilentProof captures decibel measurements and GPS-tagged timestamps, the objective data that noise complaints require, without necessarily recording identifiable conversations.
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When in doubt, consult a lawyer. If you’re dealing with a serious noise situation that might lead to legal action, get professional legal advice about what evidence is admissible in your jurisdiction.
Federal Law
The federal Wiretap Act (18 U.S.C. § 2511) is a one-party consent law. But state laws can be more restrictive, and the stricter law applies. Always follow your state’s requirements.
The Bottom Line
In most situations, measuring noise levels in your own home is perfectly legal regardless of what state you’re in. The key distinction is between measuring ambient sound levels and recording identifiable private conversations. When documenting noise for a complaint, focus on objective measurements: decibel levels, timestamps, duration, and frequency. That’s the evidence that matters for noise complaints, and it sidesteps most recording consent issues entirely.
Related Resources
- Noise complaint templates: /templates
- Landlord complaint letter: /templates/landlord-noise-complaint-letter
- 311 filing script: /templates/311-noise-complaint-script