New York is a one-party consent state under NY Penal Law Section 250.00. You may record a conversation if you are a party to it or have consent from one party. Recording a private conversation without any party's consent is eavesdropping, a Class E felony. Proposed legislation may change this to all-party consent.
Under NY Penal Law Sections 250.00-250.05, New York criminalizes wiretapping and eavesdropping. The law makes it a crime to intentionally intercept, attempt to intercept, or procure another person to intercept any telephonic or telegraphic communication without the consent of at least one party. This one-party consent standard means you can legally record any conversation you participate in without notifying others. However, you cannot plant a recording device and leave the room to record others without being present or having a consenting party present. NY Civil Rights Law Section 52 also prohibits wiretapping. Federal law (18 USC 2511) provides a floor of one-party consent. Proposed state legislation (Senate Bill S5077) would require all-party consent, but this has not been enacted as of 2025. The law applies to both in-person and telephone conversations.
Eavesdropping (unauthorized recording) is a Class E felony under NY Penal Law Section 250.05, punishable by up to 4 years imprisonment. Wiretapping is also a Class E felony. Civil lawsuits may result in actual damages, punitive damages, and attorney's fees. Illegally obtained recordings are inadmissible in court.
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