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Hartford criminal defense lawyer illegal video recordingSince the beginning of March, many states across the United States have enacted closures for non-essential businesses and stay-at-home orders for residents. The number of people who are now working from home and students who are attending school through online classes has skyrocketed. Many of these people have been using online video conferencing services such as Zoom, Skype, or Microsoft Teams. The use of these programs has been beneficial for people, but the legalities surrounding these services has been brought into question. Specifically, when is it legal to record someone in Connecticut, and could a person face criminal charges for making an illegal recording?

Who Must Be Aware of the Recording?

There are two stances that are common across the country when it comes to the legality of recording conversations. Some states are “two-party” consent states, which means that all parties involved in the conversation being recorded must be aware of the fact that the recording is taking place and must consent to it. The majority of states, however, are “one-party” consent states, meaning it is legal to record a conversation as long as one party consents to the recording.

In Connecticut, the legality of a recording depends on the circumstances of the situation. When recording an in-person conversation in which the parties are physically present in the same location, only one person needs to be aware of and consent to the recording. If none of the parties are aware of the recording, the person making the recording could be charged with eavesdropping, which is a Class D felony. Connecticut Class D felonies can result in up to five years in prison and up to $5,000 in fines.

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