Is It Illegal to Record a Conversation in NY? New York’s One-Party Consent Rule
Short answerIt depends on who is recording. New York is a one-party consent state: you can legally record a conversation or phone call you take part in. Recording one you are not part of, without any participant agreeing, is eavesdropping, a class E felony under Penal Law §§ 250.00 and 250.05.
Last verified: October 30, 2026 against Penal Law Article 250, CPLR 4506 and Civil Rights Law § 79-p
Is it illegal to record a conversation in NY? Only in certain situations. New York State law lets you record your own conversations, whether in person or by phone, because at least one person in the talk (you) agrees to it. The crime is secretly recording other people’s private talks when nobody in them has agreed.
Key facts
- Rule: one-party consent. One participant must agree, and that can be you.
- Crime: eavesdropping, a class E felony (
Penal Law § 250.05). - Phone calls: legal to record if you are the sender or receiver.
- Court use: illegally recorded conversations are generally barred as evidence (
CPLR 4506). - Police: you may record law enforcement activity if you do not interfere (
Civil Rights Law § 79-p). - New York City: same state rule applies.
Is it legal to record a conversation in NY?
Yes, if you are part of the conversation. The Penal Law defines mechanical overhearing of a conversation as intentionally overhearing or recording it without the consent of at least one party, by a person who is not present. If you are a party, you supply that consent yourself.
That means you can record a talk with a landlord, boss or neighbor without telling them.
Is it legal to record a phone call in New York?
Yes, if you are on the call. Wiretapping is defined as intentionally overhearing or recording a phone communication by someone other than the sender or receiver, without the consent of either. As a sender or receiver, you are outside that definition.
Texts, emails and other electronic messages follow a similar idea. Intercepting or accessing an electronic communication without the consent of the sender or an intended receiver is covered by the same eavesdropping crime.
When is recording someone illegal in New York?
It is illegal when you record a conversation you are not part of and no participant agreed.
| Situation | Legal? | Why |
|---|---|---|
| You record your own meeting or call | Yes | You are a party who consents |
| Someone you know asks you to record their talk | Generally yes | A participant consents |
| You leave a recorder running in a room you left | No | You are not present and no party agreed |
| You tap a call between two other people | No | Wiretapping, neither sender nor receiver agreed |
| You secretly film someone undressing or in a private moment | No | Separate crime of unlawful surveillance |
Video with sound is treated as a recording of a conversation. Video alone is not eavesdropping, but secretly filming a person in a private setting where they expect privacy can be unlawful surveillance in the second degree, a class E felony under Penal Law § 250.45.
What are the penalties for illegal recording in NY?
Eavesdropping is a class E felony. Under Penal Law § 70.00, the maximum prison term for a class E felony cannot exceed 4 years. Under Penal Law § 80.00, a felony fine can be up to $5,000 or double the money or property the person gained, whichever is higher.
| Offense | Statute | Level |
|---|---|---|
| Eavesdropping | Penal Law § 250.05 | Class E felony |
| Possession of eavesdropping devices with intent to use them unlawfully | Penal Law § 250.10 | Class A misdemeanor |
| Failure to report wiretapping | Penal Law § 250.15 | Class B misdemeanor |
| Unlawful surveillance, second degree | Penal Law § 250.45 | Class E felony |
A class A misdemeanor carries up to 364 days in jail under Penal Law § 70.15. For how crimes are classed in general, see our guide to the NY Penal Law.
Can an illegal recording be used in court?
Generally no. CPLR 4506 says the contents of a conversation overheard or recorded through eavesdropping, and evidence derived from it, cannot be received in evidence before any court, grand jury or state or local agency.
There is an exception: the recording can be used in a civil or criminal case against the person who committed the eavesdropping. A lawful one-party recording that you made as a participant is not affected by that bar.
Can you record police in New York?
Yes. Civil Rights Law § 79-p lets a person who is not under arrest or in custody record law enforcement activity and keep control of the recording and the equipment. The right does not cover physically interfering with officers or obstructing governmental administration.
New York City note: New York City follows the same state rules on recording. The right to film officers under Civil Rights Law § 79-p applies in the five boroughs just as it does upstate.
Is it illegal to record in a polling place in NY?
There is no one-party consent rule for polling places, and the Election Law sections we checked do not set a recording rule. Section 8-104 covers electioneering and other conduct at the poll, and section 17-130(10) makes it a misdemeanor to show your prepared ballot so as to reveal its contents.
In practice, do not photograph or film your marked ballot, and do not record other voters. Ask your county Board of Elections, or the New York City Board of Elections in the five boroughs, for its current polling place rules before you go.
What should you do if you recorded or were recorded?
If you recorded your own conversation, keep the original file and write down the date, time and who was present. If someone recorded you without being part of the talk, do not delete anything, save the details, and report it to local police or the district attorney in your county.
Frequently asked questions
Is New York a one-party consent state?
Yes. At least one participant must agree to the recording, and that participant can be the person recording. Penal Law § 250.00 defines eavesdropping around the lack of consent from at least one party, so recording your own conversation is lawful.
Is it legal to record a conversation in NY without telling the other person?
Yes, if you are in the conversation. You do not have to announce it. You cannot lawfully record a talk you are not part of when none of the participants has agreed to it.
Can I use a secret recording in a New York court?
A lawful recording you made as a participant is not barred by CPLR 4506. Illegally made recordings, and evidence derived from them, generally cannot be used, except against the person who committed the eavesdropping. A judge decides what is admitted.
Is it legal to record a phone call in New York?
Yes, if you are the sender or receiver. Wiretapping covers people who record a phone communication without being the sender or receiver and without the consent of either. Recording a call between two other people is a felony.
Can I film the police in New York?
Yes. Civil Rights Law § 79-p lets you record law enforcement activity if you are not in custody and you do not physically interfere. Keep a safe distance and follow lawful orders to move back.
What changed on this page
- October 30, 2026: first publication, checked against Penal Law §§ 250.00 to 250.15, 250.45, 70.00 and 80.00, CPLR 4506, Civil Rights Law § 79-p and Election Law §§ 8-104 and 17-130. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For an eavesdropping charge or a recording that may be used against you, talk to a New York-licensed criminal defense attorney. For a police complaint, contact the Civilian Complaint Review Board in New York City or your local police oversight office. The New York State Bar Association lawyer referral service can help you find an attorney. More topics are in crime and courts.
