The following list is in alphabetical order, we recommend against using Defense Recorder in states that are underlined and typed in red from the list below. This is because the highlighted states have additional consent laws that impact the legal use of an audio recording app like ours. States which are not highlighted from the list below, are most likely safe to use Defense Recorder within. Even if you live in one of the safe states, we recommend you still double check your local recording and recording consent laws. Always observe local laws when traveling across state lines.
Please contact us if you have further questions.
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
IF YOU USE DEFENSE RECORDER IN FLORIDA You could face felony charges. Florida is the most strict of any state when it comes to audio recording consent.
In the non-highlighted, single party consent states, you still need to be cognizant of privacy, if there is a reasonable expectation of privacy, it's best you ask for consent before recording, or stop recording until you leave the place where there is a reasonable expectation of privacy.
*Illegal in the shaded states*
One-party Consent (Single Party Consent)
Single party consent laws refer to laws that allow individuals to record a conversation or interaction without the knowledge or consent of the other parties involved, as long as the individual doing the recording is also a party to the conversation or interaction.
Two-party Consent (All Party Consent) *the red and underlined states*
All parties of a conversation or interaction must give prior consent before one may legally record the conversation or interaction. However, considering the scenario you may be in, remember this: Nick Sargent would "rather commit a civil violation by violating a recording consent law compared to taking the risks of not having any evidence at all".
This information is not legal advice, Defense Recorder can not guarantee the accuracy of this information, and will not accept liability for any damages created out of referencing this information. Further, each user is encouraged to check on their local audio recording laws often. You can also join our mailing list to be notified in the event of a relevant change in recording laws (we don't abuse the mailing list).
When conducting research for your specific state: The specific laws to look for, often contain, but are not limited to, the terms: “audio”, “recording” & “conversation”. A couple great sources to start with, would be a google search, and the following link https://www.rcfp.org
Please contact us if you have any questions.
Below are a couple useful sources for conducting research on the legalities of an app like ours.