Recognizing power. Reclaiming safety.

Practical tools. Powerful boundaries. Safer fieldwork.

Know Your Defensive and Offensive Documentation Rights by Country


Many countries have laws that extend protection to international travelers in cases of sexual misconduct and have a reporting process you can take advantage of.


It is through these processes that we can affect change and elevate people to positions of power who support our right to safety and respect to replace those who dont.


This resource provides information by country about laws related to recording, consent for photographs/videos/audio, legal documentation rights, and other relevant protections during fieldwork.

If you need information for a region or country missing from the list, please let us know through our Website and Resources Feedback Survey

Disclaimer: The resources provided on this website are not exhaustive or definitive. Regulations, reporting protocols, and legal requirements may vary by location and institution. Before conducting fieldwork, confirm current information with your university legal services, ethics or Title IX office, or a qualified legal professional.

Cultural Caveats and Local Law Enforcement

While the legal code may prohibit sexual violence, in practice enforcement can vary widely. This spreadsheet reflects only written law, not how those laws are interpreted or applied on the ground.

Before traveling, discuss with colleagues familiar with the region about:

  • Cultural attitudes toward gender and sexuality
  • Local views of bribery and corruption
  • Police responsiveness and statistics on sexual violence

Just because a country or city is known for misrepresenting or underreporting sexual violence does not mean your experience is not worth reporting. Reporting incidents to your home institution, embassy, local police, and funding agencies can create pressure on local authorities to respond appropriately.

If you are working in a remote place without access to local authorities or a nearby embassy, visit our Remote Research Areas page.

Important Caveat to One-Party Consent States

Even in states where one-party consent is the general rule, the law often includes a key limitation: if the conversation takes place in a setting where there is a “reasonable expectation of privacy”, all-party consent may be required.


This expectation of privacy can apply even in publicly funded or accessible spaces—such as a professor’s office, a museum curator’s lab, or a research space—if the circumstances suggest the conversation is intended to be private (e.g., closed doors, no other people present).


In these situations, you may be able to reduce or eliminate the privacy expectation by changing the context:

  • Keep the door open: Clearly state at the outset that the door should stay open to indicate the discussion isn’t private.
  • Move to a public space: Some language you can use:
    • “I need to stretch my legs, can we walk and talk?”
    • “Let’s meet over coffee—there’s a local shop nearby.”
    • “I don’t attend 1‑on‑1 meetings in private spaces while conducting fieldwork for my safety. I’m really looking forward to discussing [topic]—can we take this conversation to [public space]?”

Each country's laws are complex. Seek legal counsel to confirm current law and build a safety plan that fits your situation.

Asia

Countries, territories, and regions are organized alphabetically by geographic area. Choose a region and then a country or state to view its table, which outlines recording laws, consent type, exemptions, and definitions.

Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Laws
Currently inaccessible for fieldwork.
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]

Africa

Countries, territories, and regions are organized alphabetically by geographic area. Choose a region and then a country or state to view its table, which outlines recording laws, consent type, exemptions, and definitions.

Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]

North America

Countries, territories, and regions are organized alphabetically by geographic area. Choose a region and then a country or state to view its table, which outlines recording laws, consent type, exemptions, and definitions.

Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Summary
One-party consent Consent has been interpreted to mean “acquiescence or compliance [with the proposition of another].”

Lack of consent results from:
  1. forcible compulsion (includes accusers holding positions of authority); or
  2. being incapable of consent.
In addition, “Consent to engage in sexual intercourse, sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device or sexually transmitted disease protection, without additional evidence of consent, is not sufficient to constitute consent.”
In Alabama, you can lawfully record private conversations or meetings you are party to for your protection.This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent “Without consent” means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue; in this paragraph, “freely given” means agreement to cooperate in the act was positively expressed by word or action. In Alaska, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent “Without consent” includes any of the following:
  1. the victim is coerced by the immediate use or threatened use of force against a person or property;
  2. the victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant (see definition of “mental defect” below);
  3. the victim is intentionally deceived as to the nature of the act; or
  4. the victim is intentionally deceived to erroneously believe that the person is the victim’s spouse.
In Arizona, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent There is a lack of consent if a person engages in a sexual act with another person by forcible compulsion or with a person who is incapable of consent because he or she is physically helpless, mentally defective or mentally incapacitated, or because of a victim’s age. In Arkansas, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party consent One-party consent may be permissible under § 633.5: Overhearing or recording a confidential communication related to sexual assault or other sexual offense that he or she may lawfully overhear or record pursuant to that section, or using or operating a body-worn camera as authorized pursuant to that section.

Additionally, § 633.5 covers a party to a confidential communication recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of a crime.
“Consent” is defined to mean positive cooperation in act or attitude pursuant to the exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.

Includes perpetrator suggests sexual penetration "served a professional purpose when it served no professional purpose"
In California, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

One-party consent may be permissible if you reasonably believe sexual violence may take place. Recording while a crime is in progress also qualifies as an exemptions in the event of a felony involving violence against you.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
justia.com/section-633-02
justia.com/section-633-5
Rainn.org
Recording Law Definition of Consent Summary
One-party consent “Consent” means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act.

A current or previous relationship is not sufficient to constitute consent.

Submission under the influence of fear does not constitute consent.
In Colorado, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent in person

All-party consent (phone/electronic communication)
Lack of consent to sexual activity exists where:
  1. the accused compels the victim to engage in sexual activity by the use or threat of force against the victim (or against a third person);
  2. the victim is mentally incapacitated or impaired because of mental disability or disease to the extent that the person is unable to consent to sexual activity; or
  3. the victim is physically helpless.
Includes perpetrator 20 years+ in a position of power.
In Connecticut, you can lawfully record in-person, private conversations or meetings you are party to. This applies to offensive and defensive recording.

One must obtain consent from all parties for both defensive and offensive recording over the phone or any other electronic communication. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
One-party consent (in person; potentially subject to civil liability)

All-party consent (phone/electronic communication)
Delaware law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault.

One-party consent may be permissible under § 2402 or US vs Vespe: you can lawfully record private meetings you are party to for your protection. This applies to offensive and defensive recording.
The defendant compelled the victim to submit by an act of coercion or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit.

The victim need resist only to the extent that it is reasonably necessary to make the victim’s refusal to consent known to the defendant, unless such resistance would be futile or foolhardy.
In Delaware, there is conflicting legislation. In some legislation, you can lawfully record in-person, private conversations or meetings you are party to for your protection (US vs. Vespe and Del. C. § 2402(c)(4)).

In other legislation, you must obtain consent from all parties for both defensive and offensive recording over the phone or any other electronic communication (§ 1335).

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
justia.com/2402
US vs. Vespe
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party consent Florida's only exceptions for adults are those that have protective injunctions against the perpetrator. Florida law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault.

One-party consent may be permissible under Jury Instruction 3.6(k): Necessity or Duress Defenses.
“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission.

“Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.
In Florida, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
justia.com/934.03
Necessity Defense
Rainn.org
Recording Law Definition of Consent Summary
One-party consent The State of Georgia does not define consent in reference to sexual activity. The offense of rape occurs when it is against “a female forcibly and against her will” or “a female who is less than ten years of age”. In Georgia, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
One-party consent except in "private spaces" Hawaii law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault.

One-party consent may be permissible under §703-302 Choice of evils: The actor receives a threat, express or implied, of death, substantial bodily injury, or forcible sexual attack.
Consent is not defined by statute.

However, Hawaii law provides that a person commits a sex crime if:
  1. the person knowingly subjects another person to a sexual act by compulsion; or
  2. the person knowingly subjects to a sexual act another person who is mentally defective, mentally incapacitated, or physically helpless.
In Hawaii, you can lawfully record private conversations or meetings you are party to for your protection only in spaces where the other parties do not reasonably expect privacy. All-party consent is required for recording in "private spaces".

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
justia.com/703-302 Rainn.org
Recording Law Definition of Consent Summary
One-party consent Consent is not specifically defined.

However, Idaho law references consent in its definition of certain circumstances that constitute “rape”.
In Idaho, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party consent The following activities shall be exempt from the provisions of t720 ILCS 5/14-3: (B) recording is lawful when one party to the conversation has consented and the recording is made for the purpose of obtaining evidence of the commission of certain listed offenses — including criminal sexual assault and aggravated criminal sexual assault. “Consent” means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.

A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.
In Illinois, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
justia.com/ILCS-5 Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
One-party consent (phone & electronic communication)

In-person communication is governed by general privacy, voyeurism, or trespassing laws being more similar to all-party consent
Indiana law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault.

One-party consent may be permissible under Code Title 35. Criminal Law and Procedure § 35-41-3-8: It is a defense that the person who engaged in the prohibited conduct was compelled to do so by threat of imminent serious bodily injury to himself or another person.
Consent is not specifically defined under the current law.

However, Indiana law provides that a person commits a sex crime if:
  1. the victim is compelled by force or imminent threat of force;
  2. the victim is unaware that the sexual intercourse or other sexual conduct is occurring;
  3. the victim is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct cannot be given; or
  4. the person disregarded the victim’s attempts to physically, verbally, or by other visible conduct refuse the person’s acts.
In Indiana, you must obtain consent from all parties for both defensive and offensive recording unless via phone call or electronic communication. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
justia.com/35-45-4-5
justia.com/35-41-3-8
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Consent is not specifically defined.

However, Iowa law defines “sexual abuse” as any sex act between persons where:
  1. the sexual act is done by force or against the will of the other (if the consent or acquiescence of the victim is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness,
  2. the act is done against the will of the other); or
  3. the victim is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters; or
  4. the other person is a child.
In Iowa, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Consent is not specifically defined.

However, Kansas law provides that a person commits rape when a person knowingly engages in sexual intercourse with a victim who does not consent under any of the following circumstances:
  1. the victim is overcome by force or fear;
  2. the victim is unconscious or physically powerless;
  3. the victim is incapable of giving consent because of mental deficiency or disease, or because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;
  4. the victim is under the age of 14;
  5. the victim’s consent was obtained through a knowing misrepresentation that the sexual intercourse was a medically or therapeutically necessary procedure; or
  6. the victim’s consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender’s authority.
In Kansas, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent “Lack of consent” results from:
  1. forcible compulsion;
  2. incapacity to consent; or
  3. if the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.
In Kentucky, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Consent is not defined.

However, Louisiana law provides that a person commits a sex crime:
  1. when the victim resists the act to the utmost, but whose resistance is overcome by force;
  2. when the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution;
  3. when the victim is prevented from resisting the act because the offender is armed with a dangerous weapon;
  4. when the victim is under the age of 13;
  5. when two or more offenders participated in the act;
  6. when the victim is prevented from resisting the act because the victim is a person with a disability;
  7. when the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape;
  8. when the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim;
  9. when the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity;
  10. when the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity;
  11. when the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
In Louisiana, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
One-party consent except in "private spaces" Maine law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault.

One-party consent may be permissible under 17-A §103, competing harms: Conduct that the person believes to be necessary to avoid imminent physical harm.
“Consent” means a word or action by a person that indicates a freely given agreement. In Maine, you can lawfully record private conversations or meetings you are party to for your protection only in spaces where the other parties do not reasonably expect privacy.
All-party consent is required for recording in "private spaces".

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
justia.com/17A-103 Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party consent Maryland law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault. Even a recording taken with the intent to provide evidence or halt a crime could still violate Subtitle 9 and carry civil or criminal penalties.

One-party consent may be permissible under Howell vs. State and Robinson vs. State: Competing Harms (Necessity Defense).
“Consent” means the clear and voluntary agreement by an individual to engage in vaginal intercourse, a sexual act, or sexual contact. In Maryland, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
Howell vs. State
Robinson vs. State
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party consent Massachusetts law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault. Even a recording taken with the intent to provide evidence or halt a crime could still violate §99 and carry civil or criminal penalties.

One-party consent may be permissible under Instruction 9.240: Necessity. Necessity is a defense when circumstances force someone to commit a criminal act to avoid a greater harm.
Consent is not specifically defined.

The standard in the sexual assault statutes is whether the accused compels the victim to submit by force and against his or her will, or compels such person to submit by threat of bodily injury.
In Massachusetts, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
Mass 9240
Commonwealth vs. Hood
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party consent

One-party consent if and only if it is your conversation.
Sullivan v. Gray, 1982: commonly called the participant exception—Michigan courts treat it similarly to a “one-party consent” rule, but technically only the participant themselves may record their own conversations—no third-party recording allowed.

One-party consent may also be permissible under People v. Lemons (1997) and MCL § 768.21b (duress and necessity).
Consent is not specifically defined.

The standard used in the sexual assault statutes is whether the accused used “force or coercion to accomplish the sexual [act].
In Michigan, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Sullivan vs. Gray
justia.com/768-21b
People vs. Lemons
Rainn.org
Recording Law Definition of Consent Summary
One-party consent "Consent" means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor.

Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act.

Further:
  1. A person who is mentally incapacitated or physically helpless as defined by this section cannot consent to a sexual act.
  2. Corroboration of the victim’s testimony is not required to show lack of consent.
In Minnesota, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com rcfp.org Rainn.org
Recording Law Definition of Consent Summary
One-party consent Consent is not defined in Mississippi law.
Consent is mentioned in the definition of sexual battery (§ 97-3-95):

In Mississippi, sexual battery is defined as engaging in sexual penetration with another person without their consent, or with a person who is mentally defective, incapacitated, or physically helpless. It also includes sexual penetration with a child aged 14 or 15 if the perpetrator is 36 months or more older than the child. Sexual battery is a felony offense, with penalties varying based on the specific circumstances.
In Mississippi, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
justia.com/97-3-95
Recording Law (RL) RL Exemptions Definition of Consent Summary
One-party consent (phone calls)

All-party consent (in-person)
Missouri law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault. One-party consent law is limited to public areas where there's no reasonable expectation of privacy.

One-party consent may be permissible under State v. O’Brien (1989): common-law necessity defense/competing harms. But the application is very narrow.
Consent is not specifically defined.

However, Missouri law provides that rape in the first degree is committed if the offender has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by use of forcible compulsion.

Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
In Missouri, you must obtain consent from all parties for both defensive and offensive recording for in-person communications. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com rcfp.org rcfp.org/missouri State vs. O'Brien Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party "knowledge" Montana law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault.

One-party consent may be permissible under State v. Nelson (2001): common law necessity.
The term “consent” means words or overt actions indicating a freely given arrangement to have sexual intercourse or sexual contact and is further defined, but not limited by the following:
  1. An expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn;
  2. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent; and
  3. Lack of consent may be inferred based on all of the surrounding circumstances and must be considered in determining whether a person gave consent.
In Montana, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com rcfp.org State vs. Nelson Rainn.org
Recording Law Definition of Consent Summary
One-party consent Consent itself is not defined, however “without consent” means:
  1. The victim was compelled to submit due to the use of force or threat of force or coercion, or
    • the victim expressed a lack of consent through words, or
    • the victim expressed a lack of consent through conduct, or
    • the consent, if any was actually given, was the result of the actor's deception as to the identity of the actor or the nature or purpose of the act on the part of the actor;
  2. The victim need only resist, either verbally or physically, so as to make the victim's refusal to consent genuine and real and so as to reasonably make known to the actor the victim's refusal to consent; and
  3. A victim need not resist verbally or physically where it would be useless or futile to do so.
In Nebraska, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com rcfp.org Rainn.org
Recording Law Definition of Consent Summary
All-party consent (phone calls & texts)

One-party consent (in-person)
Consent is not defined by statute. However, it is an element of the crime of sexual assault that the crime was committed against the will of the victim. In Nevada, you can lawfully record private conversations or meetings you are party to for your protection for in-person communications only.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com rcfp.org Rainn.org
Recording Law (RL) (RL) Exceptions Definition of Consent Summary
All-party consent New Hampshire law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault.

One-party cosent may be permissible under the competing harms defense under RSA 627:3, State vs. Dorsey (1978) & State vs. Fee (1985)
The term consent is not defined by statute.

Consent is defined in criminal code 626:6
  1. The consent of the victim to conduct constituting an offense is a defense if such consent negatives an element of the offense or precludes the harm sought to be prevented by the law defining the offense.
  2. When conduct constitutes an offense because it causes or threatens bodily harm, consent to the conduct is a defense if the bodily harm is not serious; or the harm is a reasonably foreseeable hazard of lawful activity.
  3. Consent is no defense if it is given by a person legally incompetent to authorize the conduct or by one who, by reason of immaturity, insanity, intoxication or use of drugs is unable and known by the actor to be unable to exercise a reasonable judgment as to the harm involved.
In New Hampshire, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com rcfp.org justia.com/627-3
State vs. Dorsey
State vs. Fee
Rainn.org
justia.com/626-6
Recording Law Definition of Consent Summary
One-party consent New Jersey’s criminal code includes a generally applicable definition of consent as follows:
  1. In general: The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.
  2. Consent to bodily harm: When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if:
    • The bodily harm consented to or threatened by the conduct consented to is not serious; or
    • The conduct and the harm are reasonably foreseeable hazards of joint participation in a concerted activity of a kind not forbidden by law; or
    • The consent establishes a justification for the conduct under chapter 3 of the code.
  3. Ineffective Consent: Unless otherwise provided by the code or by the law defining the offense, assent does not constitute consent if:
    • It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or
    • It is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature of harmfulness of the conduct charged to constitute an offense; or
    • It is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense.
In New Jersey, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com rcfp.org Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
One-party consent (phone calls)

All-party consent (in-person)
New Mexico law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault. State v Hogervorst prohibits one-party consent for in-person communications.

One-party consent may be permissible under UJI 14-5130 the necessity (and duress) defenses.
New Mexico does not specifically define “consent".

However, New Mexico defines “force or coercion” as:
  1. the use of physical force or physical violence;
  2. the use of threats to use physical violence or physical force against the victim or another when the victim believes that there is a present ability to execute the threats;
  3. the use of threats, including threats of physical punishment, kidnapping, extortion or retaliation directed against the victim or another when the victim believes that there is an ability to execute the threats;
  4. the perpetration of criminal sexual penetration or criminal sexual contact when the perpetrator knows or has reason to know that the victim is unconscious, asleep or otherwise physically helpless or suffers from a mental condition that renders the victim incapable of understanding the nature or consequences of the act; or
  5. the perpetration of criminal sexual penetration or criminal sexual contact by a psychotherapist on his patient, with or without the patient's consent, during the course of psychotherapy or within a period of one year following the termination of psychotherapy.

Physical or verbal resistance of the victim is not an element of force or coercion.
In New Mexico, you must obtain consent from all parties for both defensive and offensive recording for in-person communications. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
State vs. Hogervorst
legalfix.com/UJI-14-5130
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Under New York law, lack of consent results from:
  1. forcible compulsion;
  2. incapacity to consent;
  3. where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor’s conduct; or
  4. where the offense charged is rape in the 3rd degree as defined in subdivision seven, eight or nine of section 130.25, or a crime formerly defined in subdivision three of section 130.40 (criminal sexual act in the 3rd degree), in addition to forcible compulsion, circumstances under which, at the time of the act of vaginal sexual contact, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances.
In New York, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent North Carolina does not specifically define “consent".

The concept of “force” is used in the statute, but this term is also not defined.
  1. “Against the will of the other person” is defined as either:
    • without consent of the other person; or
    • after consent is revoked by the other person, in a manner that would cause a reasonable person to believe consent is revoked.
  2. A threat of serious bodily harm which reasonably places fear in a person's mind is sufficient to demonstrate the use of force and the lack of consent.
  3. Additionally, submission, including submission due to fear, fright, coercion or realization that in the particular situation resistance is futile is not consent.
  4. A child under the age of 12 is presumed incapable of consent.
In North Carolina, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent North Dakota does not specifically define “consent".

However, “sexual imposition” is a crime defined as a person who engages in a sexual act or sexual contact with another, or who causes another to engage in a sexual act or sexual contact, is guilty of a class B felony if the actor:
  1. compels the other person to submit by any threat or coercion that would render a person reasonably incapable of resisting; or
  2. engages in a sexual act or sexual contact with another, whether consensual or not, as part of an induction, initiation, ceremony, pledge, hazing, or qualification to become a member or associate of any criminal street gang.
In North Dakota, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Ohio does not specifically define “consent".

However, submission to sexual conduct as a result of fear may be sufficient in proving lack of consent as physical force or threat of physical force need not be shown to prove rape, merely the overcoming of the victim's will by fear or duress.
In Ohio, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent The term “consent” means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. Consent cannot be given by an individual who:
  1. is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or
  2. is under duress, threat, coercion or force.
Consent cannot be inferred under circumstances in which consent is not clear including, but not limited to:
  1. the absence of an individual saying “no” or “stop”, or
  2. the existence of a prior or current relationship or sexual activity.
In Oklahoma, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
One-party consent (phone calls & texts)

All-party consent in-person
Oregon law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault. Veritas v. Schmidt prohibits one-party consent for in-person communications.

Exemptions for verbal, all-party consent are permissible under ORS 165.540: If you record openly without hiding the device—or in video meetings where it's clear recording is happening—then it's not clandestine and might be lawful even without explicit verbal consent.

One-party consent may be permissible under ORS 161.200 provides a “choice of evils: affirmitive defense” defense, stating that otherwise criminal conduct may be justified if: It’s done as an emergency measure to avoid imminent public or private injury, and the harm avoided clearly outweighs the harm prevented by the law.
Oregon does not specifically define “consent".

However, a person is considered incapable of consenting to a sexual act if the person is:
  1. under 18 years of age;
  2. incapable of appraising the nature of the person’s conduct;
  3. mentally incapacitated; or
  4. physically helpless.
A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence. A person is incapable of appraising the nature of the person’s conduct if:
  1. the person is unable to understand the nature of the conduct;
  2. the person is unable to understand the right to choose whether and how to engage in conduct, including the right to revoke a prior decision to engage in conduct; or
  3. the person is unable to communicate a decision to engage in conduct.
In Oregon, you must obtain consent from all parties for both defensive and offensive recording for in-person communications. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com rcfp.org Veritas v. Schmidt uoregon.edu/ORS-165.540
justia.com/ORS-161.200
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party consent Pennsylvania law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault. Under the Wiretap Act, 18 Pa.C.S. §§ 5703 & 5704(4) prohibits one-party consent for in-person communications.

One-party consent may be permissible under the Necessity (18 Pa.C.S.A. § 503) or Duress (Title 18 § 309) defenses.
Pennsylvania does not specifically define “consent".

However, a person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:
  1. By forcible compulsion;
  2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
  3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;
  4. Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; or
  5. Who suffers from a mental disability which renders the complainant incapable of consent;
  6. Who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.
In Pennsylvania, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
Pennsylvania’s Wiretap Act
Necessity Defense
Com vs. Capitolo/Duress
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Rhode Island does not specifically define “consent".

"Force or coercion” is defined and means when the accused does any of the following:
  1. Uses or threatens to use a weapon, or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon;
  2. Overcomes the victim through the application of physical force or physical violence;
  3. Coerces the victim to submit by threatening to use force or violence on the victim and the victim reasonably believes that the accused has the present ability to execute these threats; or
  4. Coerces the victim to submit by threatening to at some time in the future murder, inflict serious bodily injury upon or kidnap the victim or any other person and the victim reasonably believes that the accused has the ability to execute this threat.
In Rhode Island, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

No explicit statutory exemption exists for recording without consent during a crime, but one-party consent applies if you are a participant.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent South Carolina does not specifically define “consent".

A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
  1. The actor uses aggravated force to accomplish sexual battery;
  2. The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act; or
  3. The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance.
In South Carolina, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent South Dakota defines consent to mean “a person’s positive cooperation in act or attitude pursuant to the person’s exercise of free will".
No consent exists for an act of sexual penetration accomplished with any person under the following circumstances:
  1. If the victim is less than thirteen years of age;
  2. Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim’s presence, accompanied by apparent power of execution;
  3. If the victim is incapable, because of physical or mental incapacity, of giving consent to such act;
  4. If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or
  5. If the victim is 13 years of age, but less than 16 years of age, and the perpetrator is at least 3 years older than the victim.
In South Dakota, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Tennessee does not provide a definition for consent, but it provides that rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:
  1. Force or coercion is used to accomplish the act;
  2. The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
  3. The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated, physically helpless or a vulnerable adult (defined as "a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others") with an intellectual disability; or
  4. The sexual penetration is accomplished by fraud.
In Tennessee, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com rcfp.org Rainn.org
Recording Law Definition of Consent Summary
One-party consent Under Texas law, sexual assault “without the consent” of the other person arises when:
  1. the actor compels the other person to submit or participate by the use of physical force, violence, or coercion;
  2. the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat;
  3. the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
  4. the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
  5. the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
  6. the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;
  7. the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
  8. the actor is a public servant who coerces the other person to submit or participate;
  9. the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;
  10. the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser;
  11. the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under the Texas Family Code; or
  12. the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor;
  13. purposes of the crime of sexual battery a victim is incapable of consent if 1. the sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in 2.; and 2. the defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition.
  14. the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person’s dependency on the actor.
In Texas, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Under Utah law, sexual offenses “without consent” of the victim arise when:
  1. the victim expresses lack of consent through words or conduct;
  2. the actor overcomes the victim through the actual application of physical force or violence;
  3. the actor is able to overcome the victim through concealment or by the element of surprise;
  4. the actor coerces the victim to submit by threatening to retaliate in the immediate future against the victim or any other person, and the victim perceives at the time that the actor has the ability to execute this threat; or
    • the actor coerces the victim to submit by threatening to retaliate in the future against the victim or any other person, and the victim believes at the time that the actor has the ability to execute this threat; (“to retaliate” includes threats of physical force, kidnapping, or extortion)
  5. the actor knows the victim is unconscious, unaware that the act is occurring, or is physically unable to resist;
  6. the actor knows or reasonably should know that the victim has a mental disease or defect, which renders the victim unable to appraise the nature of the act, resist the act, understand the possible consequences to the victim’s health or safety, or appraise the nature of the relationship between the actor and the victim;
  7. the actor knows that the victim participates because the victim erroneously believes that the actor is someone else;
  8. the actor intentionally impaired the power of the victim to appraise or control his or her conduct by administering any substance without the victim's knowledge;
  9. the victim is younger than 14 years of age;
  10. the victim is younger than 18 years of age and at the time of the offense the actor was the victim's parent, stepparent, adoptive parent, or legal guardian or occupied a position of special trust in relation to the victim;
  11. the victim is 14 years of age or older, but younger than 18 years of age, and the actor is more than three years older than the victim and entices or coerces the victim to submit or participate, under circumstances not amounting to the force or threat required under Subsection (2) or (4) above; or
  12. the actor is a health professional or religious counselor, the act is committed under the guise of providing professional diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed that the act was for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that resistance by the victim could not reasonably be expected to have been manifested.
Consent to any sexual act or prior consensual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent may be initially given but may be withdrawn through words or conduct at any time prior to or during sexual activity.
In Utah, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All‑party consent for in‑person unless in public (see State v. Geraw; State v. Brooks). If you're in a public place where there's no expectation of privacy (Brooks), you may happen to be allowed to record. But secretly recording in a private space—even during a crime—remains legally ambiguous and potentially unlawful under Vermont law.

One-party consent may be permissible under (State v Warshow (1979/80).
“Consent” means the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time.

“Incapable of consenting” means the person:
  1. is incapable of understanding the nature of the conduct at issue;
  2. is physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct at issue; or
  3. lacks the mental ability to make or communicate a decision about whether to engage in the conduct at issue. In addition, a sleeping or unconscious person cannot consent.
In Vermont, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
justia.com/253.78 Rainn.org
Recording Law Definition of Consent Summary
One-party consent Virginia does not provide a definition for consent, but defines rape as sexual intercourse
  1. against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person; or
  2. through the use of the complaining witness’s mental incapacity or physical helplessness; or
  3. with a child under age 13 as the victim, and sexual battery as sexual abuse against the will of the complaining witness, by force, threat, intimidation or ruse.
In Virginia, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law (RL) RL Exemptions Definition of Consent Summary
All-party consent Pennsylvania law does not provide a clear statutory exemption permitting a private person to record inside private spaces during crimes such as sexual assault. State v Hogervorst prohibits one-party consent for in-person communications.

One-party consent may be permissible under State v. Taylor (2021): Necessity defense.
Consent requires that there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact at the time of the act.

A person in a significant relationship with the victim and abuses a supervisory position within that relationship impairs the victim's ability to consent.
In Washington, you must obtain consent from all parties for both defensive and offensive recording. Failure to do so may result in civil or criminal charges.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.

Recording without all-party consent may be permissible under specific self-defense / necessity / duress law.
justia.com
rcfp.org
State vs. Taylor Rainn.org
Recording Law Definition of Consent Summary
One-party consent Lack of consent results from forcible compulsion, incapacity to consent, or, if the offense charged is sexual abuse, any circumstances in addition to the forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.

A person cannot consent to sexual intercourse if they are less than 16 years old; mentally defective; mentally incapacitated; physically helpless; or subject to incarceration, confinement or supervision by a state, county, or local government entity, when the actor is a person prohibited from having sexual intercourse, or causing sexual intrusion or sexual contact.
In West Virginia, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent “Consent” means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact.

A person is presumed (but the presumption may be rebutted by competent evidence) incapable of consent to sexual contact or sexual intercourse in circumstances where:
  1. the person suffers from a mental illness or defect which impairs capacity to appraise personal conduct; or
  2. the person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
In Wisconsin, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org
Recording Law Definition of Consent Summary
One-party consent Consent is not defined by statute. However, case law suggests that in order for a person to consent to sexual intercourse, the person must be in a position to exercise independent judgment about the matter.

Consent cannot be given if the actor is in a position of authority over the victim and uses this position of authority to cause the victim to submit.
In Wyoming, you can lawfully record private conversations or meetings you are party to for your protection. This applies to offensive and defensive recording.

Stating your lack of consent or otherwise making it clear you are being forced constitutes sexual violence.
justia.com
rcfp.org
Rainn.org

South America

Countries, territories, and regions are organized alphabetically by geographic area. Choose a region and then a country or state to view its table, which outlines recording laws, consent type, exemptions, and definitions.

Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]

Europe

Countries, territories, and regions are organized alphabetically by geographic area. Choose a region and then a country or state to view its table, which outlines recording laws, consent type, exemptions, and definitions.

Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]

Oceania

Countries, territories, and regions are organized alphabetically by geographic area. Choose a region and then a country or state to view its table, which outlines recording laws, consent type, exemptions, and definitions.

Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]
Recording Law Definition of Consent Non-Citizen Protection Summary
[recording law] [stuff] [stuff] [summary]
[source]
[source]
[source]
[source]
[source]
[source]