State recording law reference
New York call recording laws
The one-party classification is provisional. Current official statute text could not be verified.
Last reviewed: . Free to use. No signup required.
New York: the rule and its scope
This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.
Safest practice for this reference
Provisional one-party baseline: verify before recording
Who must agree
ProvisionalTelephone and electronic-communication definitions require verification before relying on this classification.
Official source: Eavesdropping, N.Y. Penal Law §§ 250.00, 250.05.
Exceptions and penalties
- Exceptions and limits
- Exceptions could not be verified against current official statute text.
- Penalties and remedies
- Penalties could not be verified against current official statute text.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between New York and another state
For an interstate call involving New York, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.
Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.
This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.
A sample recording disclosure
With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?
Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.
Nearby or related states
These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.
New York sources and review notes
Needs verification: The Reporters Committee (RCFP) guide was used only to find the citations. The current text of Penal Law §§ 250.00 and 250.05, including exceptions and penalties, still needs confirmation from the official New York source.
Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.
Related tools and guides
Frequently asked questions
Is it legal to record a conversation in New York?
This reference provisionally classifies New York as one-party consent, but the current official rules still need verification before you rely on that classification.
What is the safest recording consent practice in New York?
Ask every participant for explicit consent while the cited rules receive further verification. Telephone and electronic-communication definitions require verification before relying on this classification.
Which statute covers call recording in New York?
Eavesdropping, N.Y. Penal Law §§ 250.00, 250.05.
What if a New York call crosses state lines?
For an interstate call involving New York, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
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