With voice recorders, smartphones, video conferencing platforms, and even doorbell cameras capable of capturing audio, it’s easier than ever to record a conversation, sometimes without others knowing. In New Hampshire, doing so without consent could land you in legal trouble.

New Hampshire is an “all-party consent” state, meaning it’s illegal to record any oral or phone conversation unless everyone involved agrees. The relevant statute is RSA 570-A:2, which makes it a felony to intercept, attempt to intercept, or ask someone else to intercept any telecommunication or oral communication without the consent of all parties. This means that if you secretly record a phone call or an in-person conversation without the other person knowing, you are likely breaking the law, even if you are part of the conversation.This is stricter than current federal law, which only requires one-party consent, but state law takes precedence.

Everyday devices make accidental violations more common. Tools like digital voice recorders, which record and transcribe voice conversations, are gaining popularity. Many video conferencing platforms offer built-in recording functions. Security cameras and smart home devices often include audio by default. All of these devices can cross legal lines if used without full disclosure.

Recording someone without their consent can lead to criminal charges, civil lawsuits, and suppression of the recording in court. Common exceptions, such as law enforcement with a warrant, do not apply to private citizens.

Whether you’re a business owner, landlord, or private citizen, the best approach is to get clear consent before recording any conversation. This can be done through a written agreement, a verbal acknowledgment at the start of a meeting, or an on-screen prompt in a virtual setting.

At Wescott Law, we help individuals and businesses understand and comply with New Hampshire’s privacy and communication laws. If you have questions about audio recording, surveillance, or related concerns, contact us today. We’re here to help you protect your rights and stay compliant.