Can I legally record a phone call or conversation in New York?

New York permits recording with one-party consent.

1. Consent Rule

N.Y. Penal Law § 250.05 (eavesdropping) makes it a crime to wiretap, mechanically overhear conversations, or intercept telecommunications without consent of at least one party. As long as you are a party (or one party consents), recording is lawful — N.Y. Penal Law § 250.00(1) defines wiretapping as occurring "without the consent of either the sender or receiver."

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 also follows one-party consent — federal and New York law align.

3. In-Person vs Electronic

§ 250.00(2) covers "mechanical overhearing of conversation" — recording an in-person oral conversation without at least one participant's consent. Both in-person and wire/electronic require only one party's consent.

4. Cross-Border Calls

A New Yorker recording a call with someone in a two-party state may face civil liability under the other state's law. Federal circuits typically apply the stricter state's standard when the recording is challenged in that jurisdiction.

5. Criminal Penalties

Unauthorized eavesdropping under § 250.05 is a Class E felony — up to 4 years prison. Possessing eavesdropping devices (§ 250.10) and divulging eavesdropping content (§ 250.20) are also crimes.

6. Civil Liability

N.Y. Civil Rights Law § 52 and case law recognize a private right of action; federal 18 U.S.C. § 2520 provides $10,000 or $100/day, plus punitive damages and attorney fees.

7. Exceptions

Party consent; law enforcement under a court-issued eavesdropping warrant (CPL Article 700); business telephone-extension exception; service-provider monitoring for system protection.

8. Video / Surveillance

N.Y. Penal Law § 250.45 (unlawful surveillance) is a Class E felony covering video recording of intimate areas without consent. Silent surveillance in public is generally allowed.

This is legal information, not legal advice.