Hagerstown, MD asked in Criminal Law for Maryland

Q: Can a person physically in North Dakota record a conversation with a person physically in Maryland without consent?

This was a private setting. Recording was not made visible or acknowledged.

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

A: While Maryland is a two-consent state for recorded conversation (requiring the affirmative knowing consent of both/all participants to the recording), other states ony require the consent of one party to the converation. You will have to ask a lawyer licensed in North Dakota what the law is in that state, as you are asking this qustion on the Maryland forum. However, the location of the recording device is the critical determinative factor ias towhether the Maryland statute has been violated (which is a crime in Maryland), so if N. Dakota is a one-party consent state, and the party who recorded the conversation is located in N. Dakota, then the Maryland criminal statute is not violated.

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