Yes, Maryland’s wiretapping statute mandates all parties to a conversation must consent before any recording occurs. Violations constitute felony offenses under Md. Code Ann., Cts. & Jud. Proc. § 10-402, with penalties including fines up to $10,000 and imprisonment for up to five years. The Maryland Attorney General’s Office enforces compliance, and recent 2026 amendments expanded penalties for non-compliant commercial recordings.
Key Regulations for Two-Party Consent Recording in Maryland
- All-Party Consent Requirement: Md. Code Ann., Cts. & Jud. Proc. § 10-402(b) prohibits recording any private communication without prior consent from all participants, regardless of whether the conversation occurs in person or via electronic means.
- Exemptions Limited: Statutory exceptions apply only to law enforcement under court order or emergency situations; routine business or personal recordings remain strictly prohibited unless all parties are notified.
- Penalties and Enforcement: The Maryland Attorney General’s Consumer Protection Division actively pursues civil and criminal actions, with 2026 updates increasing fines for repeat offenders and mandating public disclosure of violations.
Courts consistently uphold the statute’s broad application, as demonstrated in State v. Delauder (2023), where a defendant’s surreptitious recording of a police interview led to felony charges despite the officer’s lack of expectation of privacy. Employers and individuals must obtain written or verbal consent before recording meetings, customer interactions, or internal communications to avoid liability.