Recording A Conversation
Cts. & Jud. Proc. § 10-402 — every party consents to recording a private conversation, or it is a felony
Every party, not one. Maryland makes it lawful for a person who is a party to a conversation to record it only where all of the parties have given prior consent, and not when the recording is for a criminal or tortious purpose. Otherwise it is unlawful to willfully intercept a wire, oral or electronic communication, or to disclose or use one knowing it was intercepted unlawfully.
A felony: up to 5 years or $10,000. A violation is a felony carrying up to 5 years, a $10,000 fine, or both.
The statute's oral communication is words spoken to or by any person in private conversation. A conversation that is not private is outside that definition, which is what decides whether speech in an open, public setting is covered at all.
The same section allows a police officer or correctional officer on regular duty to record oral communications with a body worn camera when the officer is in uniform or identified and is following the standards for those cameras.
Sources for this section (2)
- Md. Code, Cts. & Jud. Proc. § 10-402 — Interception of communications
- Md. Code, Cts. & Jud. Proc. § 10-401 — Wiretapping definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.