AK Alaska Stat. §§ 42.40.300(a) & 42.20.310(a)(1) Statute does not prohibit the use of an eavesdropping device to record a private conversation when there is the consent of “a party to the conversation.” Accord Palmer v. State , 604 P. 2d 1106, 1108 n. 5 (Alaska 1976)(finding the statute was clearly intended to prohibit third-party eavesdropping and is not applicable to a situation where one of the participants recorded the conversation.)

AZ Ariz. Rev. Stat. Ann. § 13-3005 A party is not prohibited from intercepting oral communications.

AR Ark. Code Ann. § 5-80-120(a) It is lawful to record a communication if one is a party to the communication or has received the prior consent of a party to the communication.

CA Cal. Penal Code § 632(a) Statute prohibits the recording of confidential communications without “the consent of all parties.” Evidence obtained in violation of this section may not be used in any judicial proceeding. This prohibition is confined to confidential communications, defined by statute as “any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties there to,” but does not include communications made under any “circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.”

CO Colo. Rev. Stat. § 18-9-303(1) Statute does not prohibit the recording of a conversation by either a “sender or intended receiver” of a telephone communication.

CT Conn. Gen. Stat. Ann. § 52-570d(a) Statute creates a civil cause of action for any person whose telephone conversation is recorded unless the person recording the conversation received the “consent of all parties to the communication.” Consent must be obtained either in writing or at the beginning of the recorded conversation.”

DE Del. Code. Ann. tit. 11, § 1335(a)(4) It is a violation of privacy (both a criminal misdemeanor and civilly actionable) to intercept a telephone conversation without the consent of all parties.

DC D.C. Code. Ann. § 23-542(b)(3) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

GA Ga. Code Ann. §§ 16-11-62 Statute allows a party to a communication to record the communication. Accord Sheppard v. 16-11-66(a)Reid, 402 S.E.2d 793,793-94 (Ga. Ct. App. 1991)

HI Haw. Rev. Stat. §§803-42(b)(3) & 711-1111(1)(d) It is neither invasion of privacy nor eavesdropping to record a telephone conversation if a party to the conversation.

IL 720 ILS 5/14-2″(a) Statute prohibits recording a telephone conversation without the consent of “all parties to [the] conversation.” But, Illinois courts have found that the recording of a conversation by a party to the conversation is not a violation of the statute even if another party to the conversation is unaware of the recording. People v. Jansen, 561 N.E.2d 312, 314 (Ill. App. Ct. 1990).

IN Ind. Code Ann. § 35-33.5-1-5(2) Statute allows the recording of a telephone conversation by either the sender or receiver of the communication

IA Iowa Code Ann. §§ 727.8 & 808B.2(2)(c) Statute allows a sender or receiver to record a telephone conversation

KS Kan. Stat. Ann. §§ 21-4001(a)(3) & 21-4002(a)(1) It is neither invasion of privacy nor eavesdropping to record a telephone conversation if the recording is accomplished with the consent of either the sender or receiver of the communication. Accord State v. Norris, 502 P .2d 817, 823 (Kan. 1972)

KY Ky. Rev. Stat. Ann. § 526.010 To avoid falling under the eavesdropping statute the consent of at least one party to the telephone conversation must be received

MN Minn. Stat. Ann §626A.D2 subd. 2(d) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication

MS Miss. Code Ann. §41-29-531(e) Statute exempts from civil liability the interception of a communication if the interceptor is a party to the communication or has received the prior consent of a party to the communication

MO Mo. Ann. Stat. § 542.402(2)(3)(Supp.) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication

MT Mont. Code Ann. § 45-8-213 It is a violation of privacy in communications to record a conversation “without the knowledge of all parties to the conversation.” But, Montana case law indicates, at least in a criminal setting, that recording a telephone conversation when one of the participants consents is permissible. State v. Coleman , 616 P.2d 1090, 1096 (Mont. 1980). see also State v. Brown 755 P.2d 1364, 1368 (Mont. 1988); State v. Cannon, 687 P .2d 705, 708 (Mont. 1984).

NE Neb. Rev. Stat. § 86-702(2)(c) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

NV Nev. Rev. Stat. §§200.620 & 48.077 It is unlawful to intercept a telephone conversation unless one party to the communication consents and an emergency situation exists making it impractical to get a court order permitting the interception. But, Nevada statutorily allows the admission in its courts of the contents of any communication lawfully intercepted under the laws of another jurisdiction if the interception occurred in the other jurisdiction.

NH N.H. Rev. Stat. Ann. §570-A:2(1-a) It is unlawful to record a telephone conversation without the consent of all parties to the conversation.

NJ N.J. Rev. Stat. §2A:156A-4(d) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

NM N.M. Stat. Ann §30-12-1(C)&(E) It is lawful to record a telephone conversation with the consent of a “sender or intended recipient” of the conversation.

NY N.Y. Penal Law §250.00(1) It is lawful to record a telephone conversation if one is a party to the conversation or has received the consent of a party to the communication. Accord People v. Lasher, 447 N.E.2d. 70, 71 (N.Y. 1983).

NC N.C. Gen Stat. §15A-287(a) It is lawful to intercept a communication with the consent of one party to the communication.

ND N.D. Cent. Code §12.1-15-02(3)(c) It is a defense to prosecution for interception of wire communications that one was a party to the communication or one of the parties to the communication gave prior consent to the interception

OH Ohio Rev. Code Ann. §2933.52(B)(4) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

OK Okla. Stat. Ann. tit. 13, §176.4(5) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

PA 18 Pa. Cons. Stat Ann. §5704(4) It is unlawful to intercept a telephone conversation unless all parties to the conversation give prior consent to the interception. Accord Commonwealth v. McCoy 275 A. 2d 28, 30 (Pa. 1971); Commonwealth v. Jung, 

531 A.2d 498, 502-04 (Pa. Super. Ct. 1987).

RI R.I. Gen. Laws §11-35-21(c)(3) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

SC No state statute South Carolina does not have a state statute on its books that regulates the interception of phone conversations. But, South Carolina case law indicates that when such issues arise in South Carolina courts, the courts will look to 18 U.S.C §2511. the federal statute on the interception and disclosure of wire communications. Under 18 U.S.C. §2511(2)(d), it is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication. See Mays v. Mays, 229 S.E.2d 725, 726-27 (S.C. 1976) (finding that 18 U.S.C. §2511(2)(d) “makes it clear that one party to a telephone conversation may lawfully tape the conversation without the other’s knowledge or permission and subsequently disclose [the conversation].”); Thompson v. State , 479 S.E.2d 808, 810-11 (S.C. Ct. App. 1996) (finding that taped telephone conversations between defendant and confidential informant did not violate 18 U.S.C. §2511 and the defendants right to privacy).

SD S.D. Codified Laws Ann. §23A-35A-20(1) It is lawful to record a telephone communication if one is a sender or receiver of the communication or has received the consent of a sender or receiver of the communication.

TN Tenn. Code Ann. §39-13-601(b)(5) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

TX Tex. Penal Code Ann. §16.D2(c)(4) It is an affirmative defense to prosecution for interception of wire communications that one was a party to the communication or one of the parties to the communication gave prior consent to the interception.

UT Utah Code Ann. §§76-9-401(2), 76-9-403(1)(a), & 77-23a-4(7)(b) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

VT No state statute There is no state statute on the books regulating the interception of telephone conversations. The case law is sparse in this area and has not yielded a clear indication of whether Vermont is a one-party or two-party consent state. In one case, the court indicated, without deciding the issue, that the federal statute on interception and disclosure of wire communications (18 U.S.C. §2511) was applicable in the state setting. State v. Fuller, 503 A. 2d 550, 551 (Vt. 1985) . The federal statute permits one party to a communication to intercept the communication. Another Vermont case indicates that, in a criminal setting , challenges to recorded conversations may be made on Fourth, Fifth, and Sixth Amendment grounds. State v. Kasper, 404 A.2d 85, 92-93 (Vt. 1979).

WA Wash. Rev. Code Ann. §9.73.030(1)(a) It is unlawful to record a telephone conversation without the consent of all the participants in the conversation.

WV W. Va. Code §62-1D-3(c)(2) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.

WI Wis. Stat Ann. §§968.31(c) &885.365(1) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication. But, another section of the Wisconsin code states that evidence obtained by recording telephone conversations shall be totally inadmissible in civil actions in the courts of Wisconsin.

WY Wyo. Stat. §7-3-602(b)(iv) It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.