Laws

General Legal Situation

Globally it appears that in most countries there is no law prohibiting the marketing and vending of stalkerware. Also in the majority of the cases, stalkerware only becomes illegal if it is being installed and used on the device without the victim’s knowledge or consent. Nevertheless, in each country there are rules and laws aimed at protecting the privacy and therefore may also help to defend against the capabilities of stalkerware.

Laws in Europe and at EU level

Soon more information to follow

US State Laws

There is no overarching federal law covering stalkerware specifically, so each state has its own laws and guidelines designed to address the problem. Select a state below to learn more about laws that may apply to the capabilities of stalkerware tools.

Note that some of the laws referenced may not apply to all capabilities of stalkerware. For example, laws on recording conversations would not apply in cases where the tool doesn’t have that functionality.

Additionally, the use of stalkerware by a person to monitor, harass, or stalk another adult without their knowledge is illegal and may violate many harassment, abuse, and privacy-related laws in your state. Visit www.womenslaw.org for more information.

Alabama is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

According to Ala. Code § 13A-11-30 you are not allowed to video record people in “A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access”.

Penalties

Ala. Code § 13A-11-33 In Alabama unlawful recording is a misdemeanor with a maximum penalty of one year in jail.

Ala. Code § 13A-5-7 Criminal surveillance/disclosing information are misdemeanors carrying a maximum jail time of 6 months

Ala. Code § 13A-11-33 Installing a listening device on private property is a federal offense with a prison sentence of 1-10 years.

 

Alaska is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

In Alaska, any film or photograph that involves nudity can not be shared without consent. Alaska Stat. Ann. § 11.61.123. Doing so is considered indecent viewing of photography.

Penalties

Alaska Stat. Ann. § 42.20.330 In Alaska unlawful recording is a misdemeanor with a maximum penalty of one year in jail. Additionally penalties of up to $10,000 may be given out.

Alaska Stat. Ann. § 11.61.123 The crime of viewing indecent (nude or partially nude photos/video) is considered a misdemeanor, and a felony if the victim is a minor.

Arizona is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Rev. Stat. Ann. § 13-3005 In Arizona intercepting the contents of any oral or electronic communication without one party consent is a felony. This can result in penalties of between 6 months and 10 years.

Ariz. Rev. Stat. Ann. § 13-3019(D) Violating the states hidden camera law is a felony that can ran range from 6 months to 10 years in prison.

 

Arkansas is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Ark. Code Ann. § 5-4-401 In Arkansas intercepting the contents of any oral or electronic communication without one party consent is a felony which can result in up to one year in prison, or fines of up to $2500.

Ark. Code Ann. § 5-4-401 Violating the states hidden camera law (voyeurism) is a felony that can ran result in up to 6 years in prison.

Ark. Code Ann. § 5-16-101 Posting a video to the internet in violation of Arkansas voyeurism laws is prohibited.

California is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

California Penal Code §632(a)

A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.  If the person has previously been convicted of a violation of this section or Section 631 , 632.5 , 632.6 , 632.7 , or 636 , the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

California Penal Code §1708.8(b)

A person is liable for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used.

Penalties:

Cal. Penal Code §§ 631, 632: In California. the first arrest for eavesdropping or wiretapping is subject to a fine of up to $2,500, or a jail sentence lasting no longer than a year. Further offenses are subject to a fine of $10,000 at most or imprisonment for up to a year. 

Cal. Penal Code § 637: Sharing the details of intercepted phone communications can be subject to fines of up to $5,000 and one year in jail.

Cal. Penal Code § 19: Failure to comply with the state’s hidden camera statute is a misdemeanor punishable by as much as a year in jail and fines of up to $1,000.

Cal. Veh. Code § 40008(a): California’s vehicle code punishes penalties with up to a year in jail and fines reaching a maximum of $2,500.

Colorado is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Colo. Rev. Stat. § 18-1.3-401 In Colorado intercepting the contents of any oral or electronic communication without one party consent is a felony. This can result in penalties of between 12 to 18 months in jail, and a fine of between $1000 and $100,000.

 

Connecticut is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

You may not record in-person conversations that you are not present for without the consent of at least one involved party. Conn. Gen. Stat. §§ 53a-187, -89.

Penalties

Conn. Gen. Stat. § 53a-35a: Breaking Connecticut’s eavesdropping and voyeurism laws, including the capture of photos without consent, are felony offenses subject to imprisonment for up to five years.

 

Delaware is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Del. Code Ann. tit. 11, § 2402(b): Illegally intercepting a conversation or disclosing information about an illegally recorded conversation is considered a felony and is subject to fines of up to $10,000 and a maximum of five years in prison

Del. Code Ann. tit. 11, § 4206: Hiding a recording device in a private place is considered a misdemeanor and is subject to fines of up to $2,300 and a maximum of one year in jail.

 

The laws of DC require one-party consent, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

D.C. Code § 23-542 In D.C. intercepting the contents of any oral or electronic communication without one party consent is a felony. This can result in penalties of up to 5 years in prison, a fine of up to $10,000, or both. Breaking D.C’s voyeurism laws results in a punishment of up to one year in prison, and fines of up to $1000 D.C. Code § 23-3531(f). Distributing any images in violation of the Districts voyeurism rules results in a felony punishable by up to 5 years imprisonment or fines of up to $5000 D.C. Code § 23-3531(f)(2). For Civil suits anyone who illegally records and/or discloses private communication can be held liable for the greater of actual damages in the amount of $100 per day for each day in violation, or $1000 along with punitive damages, legal fees, and litigation costs D.C. Code § 23-554.

 

Florida is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

Penalties

Fla. Stat. § 934.03(4)(a): Unless a first offense, and the offender had no illegal purpose or expectation of profit, recording, sharing, or intending to share private communications without the permission of all parties involved is a felony subject to $5,000 in fines and up to five years in prison.

 

Fla. Stat. § 934.03(4)(b): Regarding a first-time offender who did not intend to use intercepted information illegally or to profit from said information, such crimes are considered a misdemeanor and are subject to fines of up to $1,000 and up to a year in jail.

Georgia is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Trespassing on private property with the intention to eavesdrop or covertly spy on an individual is also forbidden under state law. Ga. Code Ann. § 16-11-62(3).

Penalties

Ga. Code Ann. § 16-11-69: Infractions against the wiretapping law are subject to penalties of 1-5 years of prison time and a maximum fine of $10,000.

 

Hawaii is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Haw. Rev. Stat. §§ 706-640, -60: The recording or disclosure of private conversations without one party’s consent is a felony subject to a maximum fine of $10,000 and up to five years of prison.

Idaho is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Idaho also has a state specific law 18-6609 for the crime of video voyeurism. This means that a recording cannot be made in a place where a person would believe that they would have any expectation of privacy or could be in any state of undress. This also includes public places where certain steps have been taken to hide their ‘intimate’ areas. The Idaho video voyeurism is appropriately strict in that it essentially puts the onus on the victim to decide if they have been violated, and if they have and the person recording has disseminated the video. They can be charged.

Penalties

Idaho Code Ann. § 18-6702: Illegally recording or disclosing the contents of a conversation without consent is considered a felony and is subject to a maximum $5,000 fine as well as up to five years in prison.

Illinois is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

Penalties

720 Ill. Compiled Stat. 5/14-4: Infractions against eavesdropping law are considered felonies, however first offenses are treated as lighter, Class 4 felonies.

Indiana is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Ind. Code Ann. § 35-33.5-5-5(b): Purposefully intercepting wire and electronic communications is a serious infraction against Indiana’s wiretap laws and is considered a felony offense. Subject to a fine of $10,000 and a maximum eight years of imprisonment.

 

Iowa is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Iowa Code Ann. § 902.9: Iowa’s Interception of Communications statute provides that felony charges can carry penalties subject to a $7,500 fine and a maximum of five years in prison.

Iowa Code Ann. § 903.1: Iowa’s eavesdropping and hidden camera privacy laws provide that serious misdemeanor offenses carry penalties subject to a $1,875 fine and a maximum of one year in jail.

Kansas is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

This state also has a hidden camera law which forbids the recording and disclosure of intercepted images. Kan. Stat. Ann. § 21-6101(6).

Penalties

Kan. Stat. Ann. § 21-6602: It is a misdemeanor offense to record, intercept, or share private conversations without consent. Infractions are punishable by a court fine and a maximum of one year in jail.

Kan. Stat. Ann. § 21-6101: It is a felony offense to covertly record or share videos taken illegally.

 

 

Kentucky is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

This state’s voyeurism laws also forbids the recording or disclosure of illegally obtained images. Ky. Rev. Stat. Ann. § 531.090.

Penalties

Ky. Rev. Stat. Ann. §§ 532.060, 534.030: Recording or obtaining private communications in violation of Kentucky’s eavesdropping law, as well as sharing images in violation of the state’s video voyeurism law, are both considered felonies and are subject to a $5,000 fine and a maximum of five years imprisonment.

Ky. Rev. Stat. Ann. §§ 532.090, 534.040: Infractions against Kentucky’s hidden camera laws and sharing content intercepted by eavesdropping are considered misdemeanor offenses subject to a $500 fine and a maximum of one year in jail.

 

Louisiana is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

This state also forbids the recording or sharing obtained illegally under its video voyeurism laws. La. Rev. Stat. Ann. § 14:283.

Penalties

La. Rev. Stat. Ann. § 15:1303: Infractions against Kentucky’s eavesdropping law, either the recording or disclosure of communications without the required consent is subject to a $10,000 fine and a prison sentence of a maximum of 10 years of hard labor.

La. Rev. Stat. Ann. § 14:283(B): Infractions against Kentucky’s video voyeurism law are subject to a court fine and a prison sentence of a maximum of two to ten years of hard labor.

 

Maine is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

This state’s privacy laws also forbid the recording or sharing of images obtained illegally. Me. Rev. Stat. Ann. tit. 17-A, §511.

Penalties

Me. Rev. Stat. Ann. tit. 17-A, §§ 1251, 1301: It is considered a Class C crime to illegally record or share communications, subject to a $5,000 fine and a maximum of five years imprisonment..

Infractions against Maine’s privacy law are considered a Class D crime subject to a $2,000 fine and less than a year in jail.

 

Maryland is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

Penalties

Md. Code Ann., Cts. & Jud. Proc. § 10-402(b): Breaking the wiretapping law is considered a felony, punishable by no more than five years of prison time and a fine of up to $10,000.

Md. Crim. Law §§ 3-901, -902, -903: Breaking the hidden camera law is considered a misdemeanor, punishable by up to a year in jail and a fine of $2,500.

 

Massachusetts is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

In Massachusetts, an appellate court upheld that if a recorded conversation is hard to decipher, but still contains some audible words, such a recording could potentially be in violation of the law. Commonwealth v. Wright, 814 N.E.2d 741 (Mass. App. Ct. 2004). Also, the consent of all parties to a recording is required regardless of whether the conversation took place in public or private. Commonwealth v. Manzelli, 864 N.E.2d 566 (Mass. App. Ct. 2007).

Penalties

Mass. Gen. Laws ch. 272, § 99(C): Illegally eavesdropping on an in-person conversation or phone call is subject to a maximum fine of $10,000 and up to five years of jail time. Sharing or intending to profit from intercepted communications is considered a misdemeanor, subject to a maximum fine of $5,000 and up to two years of jail time.

Mass. Gen. Laws ch. 272, § 105(c): The dissemination of illegally obtained photos and video recordings is punishable by up to two years of jail time and a $10,000 fine.

Michigan is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Mich. Comp. Laws § 750.539d.

Penalties

Mich. Comp. Laws § 750.539c: Infractions against Michigan’s eavesdropping law can be considered a felony and are subject to a maximum fine of up to $2,000 and up to two years in jail.

Mich. Comp. Laws §§ 750.539c, -d: Sharing information that one knows, or can be expected to know, was intercepted illegally through eavesdropping or video capture is considered a felony subject to a fine of up to $2,000 and a maximum of five years in prison.

Minnesota is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Minn. Stat. § 609.746.

Penalties

Minn. Stat. § 626A.02: Illegally recording, or sharing communications one can be expected to know were illegally intercepted, are offenses which are subject to fines of $20,000 and five years in prison.

Minn. Stat. § 609.746: Infractions against Minnesota’s hidden camera law are considered felony offenses subject to a $5,000 fine and a maximum of two years in prison.

Mississippi is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

This state’s hidden camera law forbids the recording or sharing of illegally obtained images. Miss. Code Ann. § 97-29-63.

Penalties

Miss. Code Ann. § 41-29-533: The illegal obtainment of a conversation is considered a misdemeanor subject to a maximum fine of $10,000 and up to a year in jail.

Id: Sharing illegally obtained communications is considered a felony subject to a maximum fine of $10,000 and up to five years in prison

Miss. Code Ann. § 97-29-63: Recording anyone on camera illegally is subject to a $5,000 fine and up to five years in prison. This jail sentence doubles if the person being filmed is less than 16 years old.

Missouri is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

Penalties

Mo. Ann. Stat. § 542.402: it is considered a felony offense to illegally record an oral or electronic conversation.

Montana is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

Penalties

Mont. Code Ann. § 45-8-213: Secretly recording an oral or electronic conversation is considered a misdemeanor and each subsequent offense will be subject to harsher and harsher penalties.

Nebraska is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Neb. Rev. Stat. § 86-290: It is considered a felony to illegally record an oral or electronic conversation. However, certain unlawful recordings designated under Nebraska law will be considered a misdemeanor if it is the perpetrator’s first offense.

Nevada is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Nevada law states that electronic communications can be lawfully recorded or shared with the consent of at least one party, barring any criminal intentions. This applies to conversations where all contributing parties are using a cell phone, including text messages sent between cell phones. Nev. Rev. Stat. § 200.620.

Penalties

Nev. Rev. Stat. § 200.690: The illegal recording of oral or electronic conversations are considered a felony.

 

Michigan is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Mich. Comp. Laws § 750.539d.

Penalties

N.H. Rev. Stat. Ann. § 570-A:2: The recording of oral or electronic communications between parties who were under a reasonable expectation of privacy without the consent of all involved is a felony offense.

 

New Jersey is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

N.J. Stat. Ann. § 2A:156A-3: The illegal recording of an oral or electronic conversation is considered a crime of the third degree.

Nevada is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

N.M. Stat. Ann. § 30-12-1: The illegal recording of electronic conversations is considered a misdemeanor.

 

New York is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Further, New York criminalizes the use of GPS when used to stalk a person under “Jackie’s Law.”

Penalties

N.Y. Penal Law § 250.05: The illegal recording of a conversation is considered a felony.

North Carolina is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

N.C. Gen. Stat. Ann. § 15A-287: The interception of communications in violation of North Carolina law is considered a felony.

 

North Dakota is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

N.D. Cent. Code § 12.1-15-02: Recording a conversation in violation of North Dakota law is considered a felony.

Ohio is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Ohio Rev. Code Ann. § 2933.52: Recording a conversation in violation of Ohio law is a felony.

 

Oklahoma is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Okla. Stat. Ann. tit. 13, § 176.3: Recording a conversation in violation of Oklahoma law is considered a felony.

Oregon is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

Penalties

Or. Rev. Stat. Ann. § 165.540: Recording a conversation in violation of Oregon law is considered a misdemeanor.

Pennsylvania is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

Penalties

18 Pa. Cons. Stat. Ann. § 5703: The recording and disclosure of oral or electronic communications between parties who were under a reasonable expectation of privacy without the consent of all involved is a felony offense

Rhode Island is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

R.I. Gen. Laws § 11-35-21: Recording a conversation in violation of Rhode Island law is an offense subject to up to five years in prison.

 

South Carolina is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

S.C. Code Ann. § 17-30-20: Recording a conversation in violation of South Carolina law is considered a felony.

South Dakota is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

S.D. Codified Laws § 23A-35A-20: Recording a conversation in violation of South Dakota law is considered a felony.

Tennessee is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Tenn. Code Ann. § 39-13-602: Recording a conversation in violation of Tennessee law is considered a felony.

Texas is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Tex. Penal Code Ann. § 16.02: Recording a conversation in violation of Texas law is considered a felony.

Utah is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Utah Code Ann. § 77-23a-4: Recording a conversation in violation of Utah law is considered a felony, unless the communication is the radio potion of a cell phone conversation, in which case the infraction is a classified as a misdemeanor.

Vermont law does not contain any provisions regarding the legality of recording or sharing any kind of audio-based conversations. However, the state Supreme Court has determined that it is a criminal offense to covertly and electronically monitor communications occurring in an person’s home. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002). A state high court upheld that an individual should not be under the expectation of privacy in a hospital’s emergency treatment section as any number of different people are frequently coming and going. Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005). It is also considered lawful to record a conversation taking place in a parking lot for the same reason. Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).

Vermont’s voyeurism statute criminalizes the following:

  • Capturing photographs or video of an individual’s “intimate areas”.
  • Capturing photographs or video of an individual engaged in a sexual act in a situation where they should be able to expect privacy.
  • Capturing and/or sharing photographs or video of an individual within a residence when they should be able to expect privacy.

However, it is lawful to use recording devices for other reasons in areas open to the public or elsewhere in situations where one should not be under the expectation of privacy. Vt. Stat. Ann. tit. 13, § 2605 (2012).

Virginia is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Va. Code Ann. § 19.2-62: Recording a conversation in violation of Virginia law is considered a felony.

Washington is a two-party consent state for recordings, making it a criminal offense to record wire, oral, or electronic communications without the consent of everyone taking part.

There are some exceptions such as communications:

(a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.

 
Penalties
(1) Except as otherwise provided in this chapter, any person who violates RCW 9.73.030 is guilty of a gross misdemeanor.
(2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW 9.73.090(1)(c) is guilty of a gross misdemeanor.

West Virginia is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

W. Va. Code § 62-1D-3: Recording a conversation in violation of West Virginia law is considered a felony.

Wisconsin is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Wis. Stat. Ann. § 968.31: Recording a conversation in violation of Wisconsin law is considered a felony.

Wyoming is a one-party consent state, which means that at least one party to a communication must consent to the recording. When the communication, whether wire, oral, or electronic, is intercepted without either party agreeing to it, it is a criminal offense.

Penalties

Wyo. Stat. Ann. § 7-3-702: Recording a conversation in violation of Wyoming law is considered a felony.