Call Recording Laws in North Dakota 2025
Last Updated: February 17, 2025
North Dakota is a one-party consent state. This means that if you are a participant in a conversation, your consent alone is sufficient to legally record the call. Under North Dakota Century Code § 12.1-15-02, recording is permitted as long as one party consents, provided the recording is not made for criminal or tortious purposes. In this article, you will learn about ND’s consent requirements, the penalties for illegal recording, and practical compliance tips.
Overview of North Dakota Call Recording Law
North Dakota’s call recording law is governed by its Century Code, which requires that at least one party to a conversation gives consent for the recording. This one-party consent rule applies to both telephone and in-person communications, making it legal for a participant to record a conversation without notifying the other party—unless the recording is made for the purpose of committing a crime or other unlawful harm.
Is It Legal to Record a Call in North Dakota?
Yes. In North Dakota, recording a call is legal if you are a party to the conversation. Your own consent is sufficient to authorize the recording. However, if you record a conversation in which you are not a party, you risk violating the law.
North Dakota One-Party Consent
The state adheres to a one-party consent policy. This means that if you are involved in a conversation, your consent alone allows you to record it, even if the other party is unaware. It is important to note, however, that recording for the purpose of committing a criminal or tortious act remains prohibited.
Penalties for Illegal Recording in North Dakota
Violating North Dakota’s call recording laws can result in significant legal consequences. Illegal recording—such as recording a conversation in which you are not a participant—may result in felony charges, fines, and imprisonment. Always ensure you have proper consent and use recordings lawfully.
Federal vs. North Dakota Law
Federal law under 18 U.S.C. § 2511 requires one-party consent for recording communications, which aligns with North Dakota’s statute. However, if your call involves participants from states with stricter consent laws, it is advisable to obtain consent from all parties to ensure full compliance.
Frequently Asked Questions
Is North Dakota a one-party consent state?
Yes. In North Dakota, your consent as a participant is sufficient to legally record a conversation.
Can I record calls in North Dakota without informing the other party?
Yes, as long as you are a party to the conversation. Recording calls in which you are not involved is illegal.
What are the penalties for illegal recording in North Dakota?
Illegal recording in North Dakota can lead to felony charges, fines, and imprisonment if done without proper consent or for criminal purposes.
How do federal and North Dakota recording laws compare?
Both federal law and North Dakota law require one-party consent for recording communications. However, in multi-state calls, it is safest to obtain consent from all parties.
Additional Resources
For further details, refer to North Dakota Century Code § 12.1-15-02 or visit our Call Recording Laws by State guide.
The information in this article is intended as a general guide and should not be taken as legal advice. For legal advice, please consult a lawyer.
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