Recording
Penal Law § 250.05 — recording a conversation without the consent of at least one party is eavesdropping, a class E felony
One party's consent. Recording a conversation is mechanical overhearing, one of the acts of eavesdropping, only when it is done without the consent of at least one party to it, by a person not present. Overhearing or recording a telephone call is wiretapping only when done by someone other than the sender or receiver, without the consent of either.
Otherwise a class E felony. Unlawfully engaging in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing an electronic communication is eavesdropping, a class E felony.
Intercepting an electronic communication, such as writing, images, sounds or data sent by wire or radio, means acquiring or recording it without the consent of the sender or the intended receiver. A communication sent in a way configured to be readily accessible to the general public is not an electronic communication under the article.
Interception authorized by an eavesdropping warrant under the criminal procedure law is not unlawful under the article.
Sources for this section (2)
- Penal Law § 250.00 — Eavesdropping; definitions of terms
- Penal Law § 250.05 — Eavesdropping
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.