Can I legally record a phone call or conversation in Maryland?
Maryland's Wiretap Act became famous after the Linda Tripp prosecution and is rigorously enforced.
1. Consent Rule
Md. Code, Cts. & Jud. Proc. § 10-402(a) makes it a crime to willfully intercept, disclose, or use any wire, oral, or electronic communication without the prior consent of all parties. The all-party requirement applies to all private conversations where a reasonable expectation of privacy exists.
2. Federal Overlay
Federal Wiretap Act 18 U.S.C. § 2511 allows one-party consent. Maryland is stricter and governs in-state.
3. In-Person vs Electronic
"Oral communication" under § 10-401(13)(i) requires reasonable expectation that the communication is not subject to interception (Malpas v. State, 116 Md. App. 69). Wire and electronic communications are protected without that requirement.
4. Cross-Border Calls
Maryland courts and the Fourth Circuit generally apply Maryland law when a Maryland party is on the call. A federal court in Washington, D.C. cannot save a recording made of a Maryland resident without all-party consent.
5. Criminal Penalties
Violation of § 10-402 is a felony — up to 5 years prison and a fine up to $10,000. Disclosure or use of illegally intercepted material is also a felony under § 10-402(b)-(c).
6. Civil Liability
Md. Code, Cts. & Jud. Proc. § 10-410 provides actual damages plus $100/day or $1,000, whichever is greater; punitive damages; and reasonable attorney fees and litigation costs. Federal § 2520 provides parallel relief.
7. Exceptions
All-party consent; law enforcement under court order under § 10-408; service provider monitoring; recording of own conversations by police officers performing official duties for certain enumerated felonies under § 10-402(c)(2); FCC-authorized interception.
8. Video / Surveillance
Md. Code, Crim. Law § 3-901 through § 3-903 (visual surveillance and prohibited installation of cameras) — Class 5 misdemeanor to felony depending on location.
This is legal information, not legal advice.
- Recorded a call without all-party consent and now face § 10-402 felony charges
- Civil demand under § 10-410 for statutory damages and attorney fees
- Recording challenged or excluded in a Maryland family, custody, or peace-order case
- Md. Code, Cts. & Jud. Proc. § 10-401
- Md. Code, Cts. & Jud. Proc. § 10-402
- Md. Code, Cts. & Jud. Proc. § 10-410
- Md. Code, Crim. Law § 3-902
- 18 U.S.C. § 2511
- 18 U.S.C. § 2520
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.