Legal review: William T. Bly, Owner & Managing Attorney · Last reviewed: November 2026
Yes, in most cases. Maine is a one-party consent state. Under 15 M.R.S. §§ 709 and 710, you may record a conversation you take part in, or one a participant authorized in advance. Secretly recording a conversation you are not part of is illegal interception, a Class C crime punishable by up to five years and $5,000.
What does Maine’s one-party consent rule actually allow?
You can record any conversation you are part of without telling the other people. Maine’s interception law is in 15 M.R.S. chapter 102, sections 709 to 714.
The key is the definition of “intercept” in § 709. It means hearing or recording a wire or oral communication with a device. But the definition excludes the sender or receiver, and anyone given prior authority by the sender or receiver.
So if you are on the call, you are not “intercepting” it. The same is true if a participant asked you to record it beforehand. The crime starts when you record a conversation you are not part of and no participant authorized it.
Is recording a phone call different from recording in person?
The consent rule is the same, but the protected conversations are defined differently. A “wire communication” is any communication made in whole or in part over wire, cable or similar facilities. That covers ordinary phone calls.
An “oral communication” is protected only when the speaker expects privacy and the circumstances justify that expectation. A loud argument in a crowded store may not qualify. A quiet talk behind a closed door usually will.
The statute also excludes anyone within normal unaided hearing. Overhearing a conversation with your own ears is not interception. Using a device to capture what you could not otherwise hear is different.
What if the other person is in another state?
Be careful, because some states require every party to consent. If you call someone in an all-party consent state, that state’s law may apply to the recording. Maine’s law does not settle that question for you.
The safest practice on interstate calls is to announce the recording at the start. A clear “I’m recording this call” removes most of the risk. Continuing the call after that notice is strong evidence of consent.
Maine’s evidence rule also looks across borders. Under 15 M.R.S. § 713, contents lawfully intercepted under another jurisdiction’s law may be admitted in Maine, subject to the Maine Rules of Evidence.
Are hidden cameras covered by a different law?
Yes, hidden cameras fall mainly under Maine’s violation of privacy crime, 17-A M.R.S. § 511. That statute protects people in a “private place,” meaning a place where one may reasonably expect to be safe from surveillance. Bathrooms and changing rooms are listed examples.
Under § 511, you may not install or use a device in a private place without consent. That includes devices that observe, photograph, record or broadcast sounds or events there. Using a device outside to capture what could not ordinarily be perceived from outside is also a crime.
Violation of privacy is a Class D crime under § 511(3). That carries up to 364 days in jail and a $2,000 fine. For more detail, see our guide to violation of privacy laws in Maine.
Can you record the police in Maine?
Openly recording police doing their jobs in public is generally not interception. Maine’s statute protects oral communications only when the speaker reasonably expects privacy. An officer speaking openly on a public street usually has no such expectation.
Recording does not give you the right to interfere. Keep a safe distance, follow lawful orders and do not physically obstruct an officer. If police seize your phone or charge you after recording, talk to a lawyer before you make any statement.
What are the penalties for illegal recording in Maine?
Most illegal recording offenses under chapter 102 are Class C crimes. The table below summarizes the main offenses and maximum penalties.
| Conduct | Statute | Class | Max jail | Max fine |
|---|---|---|---|---|
| Intercepting a call or private conversation you are not part of | 15 M.R.S. § 710(1) | C | 5 years | $5,000 |
| Disclosing or using contents you know were illegally intercepted | 15 M.R.S. § 710(3) | C | 5 years | $5,000 |
| Editing a recording and presenting it in court without disclosing the changes | 15 M.R.S. § 710(2) | C | 5 years | $5,000 |
| Possessing a device designed or commonly used for interception | 15 M.R.S. § 710(5) | C | 5 years | $5,000 |
| Hidden camera or device in a private place | 17-A M.R.S. § 511 | D | 364 days | $2,000 |
Jail maximums come from 17-A M.R.S. § 1604. Fine maximums come from 17-A M.R.S. § 1704.
Civil liability is separate. Under 15 M.R.S. § 711, a party to an illegally intercepted conversation may sue. They can recover actual damages, but not less than $100 per day of violation, plus reasonable attorney’s fees and costs.
How do recordings come up in domestic violence, PFA and harassment cases?
Recordings are common evidence in family conflicts, and they cut both ways. A lawful one-party recording can support or undercut an accusation. An illegal one can expose the person who made it to charges.
Under § 713, contents of an illegal interception are generally not admissible in Maine courts. A lawful one-party recording is not an interception, so that bar does not apply. It still must be authenticated and meet the Maine Rules of Evidence.
Watch for these issues in domestic violence cases and protection from abuse proceedings:
- A spouse records a call they were on. That is generally lawful in Maine.
- A partner leaves a phone running to capture a conversation they are not in. That may be illegal interception.
- A recording is trimmed before it is offered in court. Undisclosed edits can be a Class C crime under § 710(2).
- Repeated recording or surveillance of a person may feed a harassment or privacy complaint.
Frequently asked questions
Is Maine a one-party or two-party consent state?
Maine is a one-party consent state. Under 15 M.R.S. § 709, the definition of “intercept” excludes the sender or receiver of a communication and anyone they authorize in advance. That means a participant can lawfully record without telling the others. Recording a conversation you are not part of, without a participant’s authority, is illegal interception under § 710.
Can I record a phone call with my ex in Maine?
Generally yes, if you are on the call. Maine does not require you to tell your ex. But if your ex is in an all-party consent state, that state’s law may also apply. Announcing the recording at the start is the safest approach. Keep the original file unedited, because altering a recording offered in court can be a separate crime.
Is it illegal to record someone without their knowledge in Maine?
It depends on whether you are part of the conversation. Recording your own conversation is generally legal. Secretly recording others’ private conversations is a Class C crime under 15 M.R.S. § 710. Placing a hidden camera or recorder in a private place, like a bathroom, can also be a Class D violation of privacy under 17-A M.R.S. § 511.
Can a secret recording be used as evidence in Maine?
A lawful one-party recording can be offered as evidence if it is authenticated and meets the Maine Rules of Evidence. Contents of an illegal interception are generally inadmissible under 15 M.R.S. § 713. An exception covers recordings lawfully made under another jurisdiction’s law. A court decides admissibility case by case, so talk to a lawyer before relying on any recording.
Can I be sued for recording a conversation in Maine?
Yes, if the recording was an illegal interception. Under 15 M.R.S. § 711, any party to an intercepted conversation may sue the person who intercepted, disclosed or used it. They can recover actual damages, but not less than $100 for each day of violation. The court can also award reasonable attorney’s fees and litigation costs.
If you are under investigation or charged over a recording, request a consultation with The Maine Criminal Defense Group at 207-571-8146. We meet clients by appointment in Kennebunk, Portland and Brunswick.
This article is general information, not legal advice. Every case depends on its facts.
Sources
- 15 M.R.S. ch. 102 index — sections 709–714.
- 15 M.R.S. § 709 — definitions of intercept, wire and oral communication.
- 15 M.R.S. § 710 — interception, editing, disclosure and possession are Class C.
- 15 M.R.S. § 711 — civil remedy, minimum $100/day, fees and costs.
- 15 M.R.S. § 712 — exceptions.
- 15 M.R.S. § 713 — admissibility; other-jurisdiction exception.
- 17-A M.R.S. § 511 — violation of privacy, Class D.
- 17-A M.R.S. § 1604 — maximum jail by class.
- 17-A M.R.S. § 1704 — maximum fines by class.
Call 207-571-8146 or contact our Maine criminal defense attorneys directly online to schedule a confidential consultation.
