New Hampshire

All-party consent

New Hampshire is an all-party consent jurisdiction: every participant must consent before the conversation may be recorded.

The part that catches people out

Our reading, not verified text. Everything in this section is editorial judgment about how the statute works. Unlike the statute above, the reading itself has not been checked against a source.

All-party, but graduated — and the gradation matters. Under § 570-A:2, I, non-consensual interception is a class B felony. Subsection I-a carves the PARTICIPANT recorder down to a misdemeanour where the person is a party to the communication or has one party's consent. A participant recording in New Hampshire is still unlawful; it is simply not a felony.

Where this comes from

Federal floor

Federal law permits recording with one party's consent unless the recording is made to commit a crime or tort. Federal law is the FLOOR; a state may and many do require more. Where an interstate call touches two states with different rules, the safe assumption is the stricter one. See 18 U.S.C. § 2511(2)(d).

Reference information, not legal advice. Statutes change and courts read them differently; confirm the current text with the linked primary source and counsel licensed in the jurisdiction before relying on it.

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