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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 3989
Experience:  9 years legal experience
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What is the specific law in Maryland which governs audiotaping

Customer Question

What is the specific law in Maryland which governs audiotaping phone conversations
Submitted: 10 months ago.
Category: Legal
Expert:  Hammer O'Justice replied 10 months ago.
This is the Maryland wiretap law:

http://law.justia.com/codes/maryland/2005/gcj/10-402.html

Subsection (c)(3) is the part that relates to consent:

(3) It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication where the person is a party to the communication and where all of the parties to the communication have given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State.

Maryland is a two-party consent state, which means all parties to the wiretap must consent for a recording to be lawful. Intercept does include taping. It doesn't matter whether you share it with anyone. The mere act of recording a conversation without the consent of all parties is a felony.
Customer: replied 10 months ago.
Do I need to gain consent or just inform?
Expert:  Hammer O'Justice replied 10 months ago.
The law states that all parties must consent. Not that you can inform them in lieu of consent.

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