Is New York a one-party or all-party consent state for recording?

What the Law Says

New York law permits recording of oral communications when at least one party to the conversation consents. This makes New York a 'one-party consent' state under its criminal code.

Under New York Penal Law § 250.00, an 'eavesdropping device' is defined as 'any instrument, device or equipment which is capable of overhearing, recording, amplifying or transmitting any part of an oral communication.'

The legality of recording hinges on consent: it is not unlawful to record if 'one of the parties to the communication has given prior consent to such interception.'

This means if you are part of a conversation — whether in person or on a phone call — you may record it without telling the other person(s), as long as you consent. However, secretly recording a conversation you’re not part of (e.g., using a hidden microphone in a room where you’re absent) is illegal unless you have consent from at least one participant.

Statutory Text

An 'eavesdropping device' means any instrument, device or equipment which is capable of overhearing, recording, amplifying or transmitting any part of an oral communication.

— Penal Law § 250.00 — Definitions

Statutory Text

A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication.

— Penal Law § 250.05 — Eavesdropping

Statutory Text

It is not unlawful for a person to overhear, record, amplify or transmit any part of an oral communication if one of the parties to the communication has given prior consent to such interception.

— Penal Law § 250.20(1) — Exceptions

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