Lawyer here. Not yours, though. Just something to consider.
In the United States, consent laws for recording conversations fall into two categories:
1. One-Party Consent: In these jurisdictions, only one party involved in the conversation needs to consent to the recording. Currently, 38 states and the District of Columbia operate under this rule.
2. Two-Party Consent (also known as "all-party consent"): In these jurisdictions, all parties involved in the conversation must consent to the recording. There are 12 states that require two-party consent. Here are your danger zones:
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Recording without consent in two-party consent states is generally considered illegal and can result in criminal and/or civil penalties. Consequences can include:
1. Criminal Charges: Violators may face misdemeanor or felony charges, depending on the jurisdiction and the circumstances of the violation.
2. Civil Liability: The recorded party may have the right to bring a civil suit for damages against the violator.
3. Inadmissibility in Court: Illegally obtained recordings are typically not admissible as evidence in legal proceedings.
The specifics of penalties and repercussions vary by state law, and they apply to both audio and video recordings. Always consult specific state laws and federal regulations for precise guidance, ideally via a lawyer.