Is it Legal to Record a Conversation in Massachusetts?

Massachusetts takes wiretapping extremely seriously. It is among a handful of states that make it illegal to record someone else without their knowledge. The penalties are also quite severe. Past court cases have shown that the Bay State makes few exceptions when it comes to enforcing these laws. It makes no difference whether you are recording someone purely for self-serving reasons or you are recording a potential crime taking place. You simply cannot record someone without their permission in Massachusetts.

Many people in Massachusetts may not be fully aware of the severity of these laws. If you have been accused of this crime, you might be shocked at the potential legal consequences. While this can be a stressful period, it is important to understand that there is help available. Reach out to an experienced criminal defense attorney, and you can approach the legal process with a sense of confidence. A skilled lawyer can help you avoid long jail sentences and excessive fines.

Two-Party Consent

In Massachusetts, it is illegal to record someone’s words without their consent. In legal terminology, this is known as “two-party consent.” What this means is that you can record someone as long as you inform them beforehand. If the person does not raise any objections, then you can continue to record them without fear of legal action. There is also a certain degree of “implied consent.” For example, if you hold up your cell phone
in an obvious manner and start recording someone in a public space, a reasonable person would assume that they are being recorded. If individuals do not object to being recorded, then you probably would not face any criminal action. However, it is always a good idea to protect yourself from criminal charges by verbally informing everyone that you are in fact recording them.

What About the Police?
Under certain circumstances, police officers and other law enforcement professionals do not have to inform you before secretly recording your conversations. However, these are very specific circumstances, and the average person’s privacy rights are protected. If you film a police officer, the same general rules apply. You must either inform the officer that they are being recorded or record them in a way that is extremely obvious. Numerous Massachusetts residents have faced criminal charges for secretly filming officers with things like hidden cameras in their jackets.

What are the Penalties for Wiretapping?
Anyone guilty of recording someone else’s conversations can face a prison sentence of up to five years, plus a maximum fine of $10,000.

Enlist the Help of a Qualified Attorney Today
If you have been searching Massachusetts for a qualified, experienced criminal defense attorney, look no further than the Law Offices of Johnson, Sclafani & Moriarty. We have considerable
experience with a wide range of criminal defense cases, and we can help you pursue justice. No one should have to face excessive penalties for this type of crime, and we can fight for your rights in court. Reach out today, and we can help you approach this situation with efficiency and confidence. Your initial consultation is free. 413-732-8356