New Hampshire: Call and Conversation Recording Consent Requirements

Requirements one by one

Governing law and covered recording

New Hampshire's recording rules are in the Wiretapping and Eavesdropping chapter, RSA 570-A. Section 570-A:2 sets out the offenses, § 570-A:11 creates the civil claim, and § 570-A:6 keeps unlawfully intercepted material out of evidence. "Intercept" is defined to include "the recording of" a communication (§ 570-A:1, III), so using a phone or recorder to capture a conversation is an interception, not merely listening.

Whose consent a participant needs

New Hampshire requires the consent of everyone. Section 570-A:2, I makes it an offense to intercept a telecommunication or oral communication "without the consent of all parties to the communication." Being one of the parties does not, by itself, make your recording lawful: a participant who records without the others' consent still violates the chapter (§ 570-A:2, I-a). The practical rule is to get every participant's agreement before recording.

Privacy, confidentiality, or secrecy trigger

For in-person speech, protection turns on privacy. An "oral communication" is covered only when uttered by a person "who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation" (§ 570-A:1, II). A "telecommunication" carried through a common carrier has no separate expectation test — the all-party consent rule applies to it directly.

Telephone, in-person, and electronic coverage

The all-party rule reaches both media. A "telecommunication" is "the transfer of any form of information ... through the facilities of a communications common carrier," and the definition of common carrier "shall include any wireless technology" (§ 570-A:1, I, IX), so landline and cellular calls alike are covered. Face-to-face speech is an "oral communication." Because "intercept" expressly includes recording, both live monitoring and after-the-fact recording fall within the chapter.

How consent or notice is given

The statute requires consent of all parties but prescribes no particular method — no writing, spoken script, or warning tone is specified. New Hampshire courts have treated the requirement as satisfied when every party is aware the conversation is being recorded. The safe approach is a clear statement that you are recording, made before the conversation, so each person can decline.

Major participant-facing exceptions

The chapter's exceptions are institutional. A communications common carrier may intercept in the normal course of employment as a necessary incident to service or to protect its rights or property (§ 570-A:2, II(a)), and law enforcement may act under the chapter's authorization provisions (§ 570-A:2, II(b)-(e)). The fetched text contains no general exception permitting a private participant to record a call simply to document a threat, harassment, or other wrongdoing, so do not assume an "evidence of a crime" carve-out exists.

Criminal classification and penalty

The grade depends on who is recording. A non-party who intercepts a communication without all-party consent commits a class B felony (§ 570-A:2, I), which carries up to seven years' imprisonment and a fine up to $4,000 for an individual (§ 651:2). A party to the conversation who records without the others' consent commits a misdemeanor instead (§ 570-A:2, I-a); a class A misdemeanor carries up to one year and a fine up to $2,000 (§ 651:2). Either way, recording without everyone's consent is a crime.

Civil remedy and evidence effect

Section 570-A:11 lets a person whose communication is unlawfully intercepted recover actual damages, but not less than liquidated damages of $100 per day of violation or $1,000, whichever is higher, plus punitive damages and reasonable attorney's fees. Separately, § 570-A:6 bars using an unlawfully intercepted communication or any evidence derived from it in a court, grand jury, agency, or legislative proceeding where disclosure would violate the chapter — so an illegal recording is generally worthless as proof.

Interstate and federal boundary

New Hampshire is stricter than the federal baseline, which allows a participant, or a person with one party's consent, to record unless the purpose is criminal or tortious (18 U.S.C. § 2511(2)(d)). For any call connected to New Hampshire, follow the all-party rule. When participants are in different states, getting consent from everyone avoids a violation under whichever state's law ends up applying.

What trips people up

Being on the call is not enough. Many people assume that if they are part of a conversation they can record it. New Hampshire rejects that: § 570-A:2, I-a makes a participant's recording without the others' consent a crime, just a lesser one than a stranger's wiretap.

The felony/misdemeanor line depends on your role. A non-participant who secretly intercepts a communication faces a class B felony, while a participant who records without consent faces a misdemeanor. The reduced grade is not permission — it is still a criminal offense.

An illegal recording usually cannot be used. Section 570-A:6 excludes an unlawfully intercepted communication and anything derived from it from court and agency proceedings. A recording made to "prove" what someone said can be barred from the very case where you wanted it.

Common questions

Can I record my own phone call in New Hampshire? Not without the other participants' consent. Unlike one-party states, New Hampshire treats a participant who records without everyone's consent as committing a misdemeanor (§ 570-A:2, I-a).

What should I say to record lawfully? Tell everyone, before the conversation, that you are recording, and proceed only if no one objects. The statute prescribes no exact wording, but every party must consent (§ 570-A:2, I).

Can I record a face-to-face argument to protect myself? Only if everyone present consents, and only where the speakers have a reasonable expectation of privacy that the recording would defeat (§ 570-A:1, II). The chapter's fetched text provides no general "self-protection" or "evidence of a threat" exception for a private person.

Statutes and sources

• N.H. Rev. Stat. ch. 570-A — Wiretapping and Eavesdropping; § 570-A:2 sets the all-party rule and the felony/misdemeanor grades. https://gc.nh.gov/rsa/html/lviii/570-a/570-a-2.htm (accessed 2026-07-20)
• N.H. Rev. Stat. § 570-A:1 — definitions of telecommunication, oral communication, intercept, and common carrier. https://gc.nh.gov/rsa/html/lviii/570-a/570-a-1.htm (accessed 2026-07-20)
• N.H. Rev. Stat. § 570-A:11 — civil damages, punitive damages, and fees. https://gc.nh.gov/rsa/html/lviii/570-a/570-a-11.htm (accessed 2026-07-20)
• N.H. Rev. Stat. § 570-A:6 — inadmissibility of unlawfully intercepted communications. https://gc.nh.gov/rsa/html/lviii/570-a/570-a-6.htm (accessed 2026-07-20)
• N.H. Rev. Stat. § 651:2 — imprisonment and fine limits by offense grade. https://gc.nh.gov/rsa/html/LXII/651/651-2.htm (accessed 2026-07-20)
• 18 U.S.C. § 2511(2)(d) — federal one-party consent rule. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2511&num=0&edition=prelim (accessed 2026-07-20)