Yes, Two-party consent recording is legal in Maine, but only under strict statutory conditions. Maine’s wiretapping statute (15 MRS § 709) requires all parties to a conversation to consent before any recording occurs. Violations constitute Class D crimes, enforceable by the Maine Attorney General’s Office. Recent 2026 amendments clarify that implied consent via prior notice in written policies does not suffice for admissibility in civil litigation.
Key Regulations for Two-Party Consent Recording in Maine
- All-Party Consent Mandate: 15 MRS § 709 prohibits recording any oral communication unless every participant has given express consent, whether in person or via electronic means. Consent must be contemporaneous or documented in advance.
- Exemptions Narrowly Tailored: Statutory exemptions apply only to law enforcement under court order (15 MRS § 710) or to broadcasters with FCC compliance (47 CFR § 73.1206). Private entities lack analogous protections.
- Penalties and Enforcement: Civil damages up to $2,000 per violation and criminal penalties up to 364 days imprisonment are imposed by the Maine Department of the Attorney General, per 15 MRS § 711. Recent 2026 guidance emphasizes vicarious liability for employers failing to train staff on consent protocols.