Upper Marlboro, MD asked in Civil Rights for Maryland

Q: What is the penalty for recording a person with out notifying that person that he is being recorded in state of Maryland

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The law only applies to audio recording, not video, and so long as the party being recorded is put on notice of the recording and continues the conversation then there is no violation. However, in the absence of either actual or implied consent, such a recording is a felony, and is punishable by up to 5 years in prison and a $10,000 fine. Illegally obtained evidence will also be inadmissible into evidence in any court proceeding, regardless of its relevance, if introduced by the party who obtained or procured it illegally.

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