Recording conversations or interactions without someone’s knowledge can raise serious legal questions. In Maryland, strict laws control when you record someone without their knowledge and try to use this evidence in court. Knowing Maryland’s recording laws is crucial. This knowledge can help you avoid criminal penalties and keep important evidence from being thrown out of your case.
Maryland Is a Two-Party Consent State
In Maryland, everyone involved must agree before you can record a private conversation. This is known as two-party consent, although more than two individuals may be involved. Under Maryland Courts and Judicial Proceedings § 10-402, it’s usually against the law to intercept, record, or share any oral or phone communication. This is true unless all parties involved give their consent.
This rule applies to both in-person conversations and phone calls. If you’re on a call with someone located in Maryland—even if you are in a one-party consent state like Virginia or D.C.—Maryland’s stricter law usually controls.
Exceptions to Maryland’s Recording Laws
While Maryland generally prohibits recording without consent, there are some exceptions.
These include:
- Law enforcement officers may record under certain circumstances with a court order or warrant.
- Consent may not be required if the person being recorded has no reasonable expectation of privacy.
- In some limited public settings, recording may be permissible if the conversation is considered open and not confidential.
However, even in public, if someone is having a private discussion and expects confidentiality, recording it without permission may still violate Maryland law.
Is the Recording Admissible in Court?
If a recording is obtained illegally in Maryland, it likely won’t be allowed as evidence in court. Courts typically exclude recordings that violate state wiretapping or privacy laws. Additionally, the person who made the recording could face penalties, including:
- Felony criminal charges
- Fines of up to $10,000
- Up to five years in prison
- A civil lawsuit by the party that was recorded
Because of this, even if you think a recording proves something important, it may backfire if collected illegally.
What Counts as “Consent” in Maryland?
Maryland law does not require written consent, but it must be explicit and informed. Simply continuing a conversation after being told it’s being recorded is often enough. However, secretly recording without saying anything at all does not qualify as consent.
In some cases, notification tones or automated disclaimers (like “this call may be recorded”) can serve as notice, but that depends on whether the other party reasonably understands and agrees.
Legal Consequences if You Record Someone Without Consent in Maryland
If someone has accused you of recording them without their consent, they can take legal steps such as filing a police report for illegal wiretapping or pursuing a civil lawsuit for damages, including emotional distress.
Criminal allegations can lead to severe penalties. Whether you were recorded or are considering recording, it’s critical to understand your rights under Maryland law.
Recording Conversations in Maryland Requires Caution
Maryland’s two-party consent law is one of the strictest in the country. Secretly recording someone—whether in person or on the phone—can lead to criminal charges and civil penalties. In most cases, the safest option is to inform everyone involved and get clear consent before hitting record. If you’re involved in a legal matter where a recording could be important, a criminal defense lawyer can ensure you don’t violate privacy laws in the process.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771