Skip to main content

Is it illegal (in Massachusetts) for me to secretly record a conversation?

Editor's Response

Yes, it is illegal to record a conversation or phone call unless both parties consent to the recording. Massachusetts General Laws Chapter 272, Section 99(C) provides several exceptions but states:

". . . any person who willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment."

Section 99 says that "interception" means to "secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device . . . "

Talk to a Criminal Defense Attorney Today
Most offer FREE Consultations