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Can you record a phone call in New York without telling the other person?

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Yes, if you are part of the conversation. New York is a 'one-party consent' state: under the Penal Law, eavesdropping means recording or listening in on a phone call, conversation or electronic communication you're not part of, without the consent of at least one participant. So you can record your own calls and in-person conversations without telling the others. Federal law follows the same rule. What you can't do is secretly record other people's conversations — that's eavesdropping, a class E felony, and recordings made that way generally can't be used as evidence. Be careful with calls to people in states that require everyone's consent.

Read on for the details, the exceptions and the sources.

In plain words

One-party consent
Only one person in the conversation — which can be you — needs to agree to the recording.
Eavesdropping
The crime of recording or intercepting a call, conversation or message you're not part of, without the consent of a participant.
Wiretapping
Recording or listening to a phone call by someone who isn't on the call, without the consent of either person on it.
Class E felony
The least serious level of felony in New York — still a felony crime.

The full answer

Penal Law § 250.05 makes eavesdropping a class E felony. Eavesdropping means unlawfully engaging in one of three things defined in § 250.00:

  • Wiretapping: intentionally overhearing or recording a phone call by a person other than a sender or receiver, without the consent of either the sender or the receiver (§ 250.00(1)).
  • Mechanical overhearing of a conversation: intentionally overhearing or recording a conversation, with a device, by a person not present, without the consent of at least one party (§ 250.00(2)).
  • Intercepting or accessing an electronic communication, such as an e-mail or text message, without the consent of the sender or the intended receiver (§ 250.00(6)).

What this means in practice

Because each definition is satisfied by the consent of one participant, recording a call or conversation you take part in is not eavesdropping. The federal Wiretap Act says the same: a person who is a party to a communication, or has one party's consent, may record it — unless the purpose is to commit a crime or a tort (18 U.S.C. § 2511(2)(d)).

Recordings made by illegal eavesdropping generally can't be used as evidence in New York courts or agencies, except against the person accused of the eavesdropping (CPLR § 4506(1)). A lawful one-party recording isn't barred by that rule, though a court still decides whether to admit it.

Exceptions and special cases

  • Other people's conversations: placing a recorder or app to capture a conversation you aren't part of — for example a spouse's calls or a meeting you left — is eavesdropping, even in your own home.
  • Calls across state lines: some states require the consent of everyone on the call. If the other person is in such a state, that state's law may apply. When in doubt, tell everyone you're recording.
  • Hidden cameras: secretly recording someone dressing or undressing, or their intimate parts, where they expect privacy, or recording in a bedroom, bathroom, changing room or hotel room without their knowledge, can be unlawful surveillance — also a felony (Penal Law § 250.45).
  • Bad purposes: federal one-party consent doesn't protect a recording made to commit a crime or tort (18 U.S.C. § 2511(2)(d)).
  • Workplace and business rules: your employer or a company may have policies about recording. Breaking a policy is not the same as breaking the law, but it can have job consequences.

What to do now

  1. Record only conversations you're part of

    Stay on the call or in the room for the whole recording.

  2. Check where the other person is

    If they may be in an all-party-consent state, say at the start that you're recording.

  3. Keep the original file

    Don't edit it. Note the date, time and who was on the call; back it up.

  4. Think before sharing

    A lawful recording can still raise other problems if you publish it. If you plan to use it in a legal case, show it to your lawyer first.

  5. If someone recorded you illegally

    Report it to the police. Eavesdropping is a felony, and illegally obtained recordings generally can't be used against you (CPLR § 4506).

Frequently asked questions

Is New York a one-party consent state?

Yes. Under Penal Law § 250.00, recording a call or conversation is not eavesdropping if at least one participant consents — and that participant can be you.

Can I record a conversation with my boss or landlord?

If you are part of the conversation, New York law doesn't require you to tell them. Check where they are if it's a phone call, and remember that workplace policies may still apply.

Can I record my spouse's phone calls?

Not if you're not on the call. Recording a call you aren't part of, without either person's consent, is wiretapping — a class E felony (Penal Law § 250.00(1), § 250.05).

Can I use a recording in court?

Recordings made by illegal eavesdropping generally aren't admissible (CPLR § 4506). A lawful recording of your own conversation isn't barred by that rule, but the court still decides whether to admit it.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.