Maine: Call and Conversation Recording Consent Requirements

Requirements one by one

Governing law and covered recording

Maine's recording rules are in 15 M.R.S. chapter 102, "Interception of Wire and Oral Communications." Section 710 sets out the offenses, § 709 supplies the definitions that do the real work, and § 711 creates the civil claim. A separate provision of the Criminal Code, 17-A M.R.S. § 511, governs recording inside a private place and applies a stricter rule there.

Whose consent a participant needs

Maine reaches its one-party result through a definition. The offense in § 710 punishes only an "interception," and "intercept" is defined to mean hearing or recording a communication "by any person other than ... the sender or receiver of that communication" or "a person given prior authority by the sender or receiver" (§ 709(4)). A participant is a sender or receiver, so recording your own call or conversation is not an interception at all — no one else's consent is required.

Privacy, confidentiality, or secrecy trigger

For in-person speech, protection depends on privacy. An "oral communication" is covered only when "uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation" (§ 709(5)). And words spoken within another person's "range of normal unaided hearing" are outside the definition of intercept (§ 709(4)(B)). The § 511 private-place rule works differently: it protects a location regardless of any particular speaker's expectation.

Telephone, in-person, and electronic coverage

Chapter 102 covers "wire" and "oral" communications (§ 709(5), (7)). It does not define or reach "electronic communications," so text messages, email, and stored data are governed by other law, not by this chapter's participant rule. A telephone call and a face-to-face conversation follow the same rule: a participant may record.

How consent or notice is given

Being the sender or receiver is itself the lawful basis. If you are not a party, the sender or receiver must give you "prior authority" to record (§ 709(4)(C)). Maine prescribes no particular form — no writing, tone, or script is required.

Major participant-facing exceptions

The definition of intercept already excludes participants, people within normal unaided hearing, and anyone a party authorizes (§ 709(4)). On top of that, the offense in § 710 does not apply to communication-carrier employees, law enforcement officers, or designated corrections and jail investigative officers carrying out permitted practices. The chapter states no general "evidence of a threat" or self-help exception for a private person, but a participant does not need one because participant recording is not an interception.

Criminal classification and penalty

Illegal interception, disclosure, or use is a Class C crime (§ 710). A Class C crime carries up to five years' imprisonment (17-A M.R.S. § 1604) and a fine up to $5,000 (17-A M.R.S. § 1704). Recording inside a private place without the consent of those entitled to privacy is a separate, lower-grade offense — violation of privacy, a Class D crime (17-A M.R.S. § 511).

Civil remedy and evidence effect

Section 711 gives "any party to a conversation" that is intercepted, disclosed, or used in violation of the chapter a civil claim for actual damages, but not less than liquidated damages of $100 per day of violation, plus a reasonable attorney's fee and litigation costs. A recording you lawfully make as a participant is not an interception, so it does not expose you to that liability; the remedy targets recordings made by non-participants without authority.

Interstate and federal boundary

Maine's one-party rule lines up with federal law, which permits a participant, or a person with one party's prior consent, to record unless the purpose is criminal or tortious (18 U.S.C. § 2511(2)(d)). That agreement does not settle an interstate call. If the other participant is in an all-party state, that state's stricter law may govern the recording made there, so getting everyone's consent is the safe course when a call crosses state lines.

What trips people up

The private-place rule can override your participant status. Even though you may record a conversation you are part of, 17-A M.R.S. § 511 makes it a crime to install or use a device to record inside a "private place" — expressly including "changing or dressing rooms, bathrooms and similar places" — without the consent of everyone entitled to privacy there. Being in the room is not enough in those settings.

Chapter 102 is about wire and oral audio, not texts. The interception law covers wire and oral communications; it does not define electronic communications (§ 709). Do not assume the participant rule answers questions about recording or capturing text messages, email, or app data — those turn on other law.

Disclosing or using an illegal recording is its own crime. Section 710(3) makes it a Class C crime to knowingly disclose or use the contents of a communication you know was obtained through interception, so passing along someone else's illegal recording creates fresh exposure.

Common questions

Do I have to tell the other person I am recording our call? No. As the sender or receiver you are not "intercepting" the communication, so no notice or consent from the other party is required (§ 709(4)).

Can I hide a recorder in a bathroom or dressing room? No. That is a private place under 17-A M.R.S. § 511, and recording there without the consent of those entitled to privacy is a Class D crime, even in a space you can enter.

What if the person I am calling is in an all-party state? Maine law permits your recording, but the other state's stricter rule may apply to the call. When a conversation crosses state lines, get consent from everyone to stay on the safe side.

Statutes and sources

• 15 M.R.S. § 709 — definitions; the participant-excluding definition of "intercept" and the oral-communication privacy trigger. https://legislature.maine.gov/statutes/15/title15sec709.html (accessed 2026-07-20)
• 15 M.R.S. § 710 — interception, disclosure, and use offenses (Class C). https://www.mainelegislature.org/legis/statutes/15/title15sec710.html (accessed 2026-07-20)
• 15 M.R.S. § 711 — civil remedy, liquidated damages, and attorney's fees. https://legislature.maine.gov/statutes/15/title15sec711.html (accessed 2026-07-20)
• 17-A M.R.S. §§ 1604, 1704 — Class C imprisonment and fine limits. https://legislature.maine.gov/statutes/17-A/title17-Asec1604.html (accessed 2026-07-20)
• 17-A M.R.S. § 511 — violation of privacy; private-place recording. https://legislature.maine.gov/statutes/17-A/title17-Asec511.html (accessed 2026-07-20)
• 18 U.S.C. § 2511(2)(d) — federal one-party consent rule. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2511&num=0&edition=prelim (accessed 2026-07-20)