What does the Mass. law say about recording people?

CHICOPEE, Mass. (WWLP) – Police charged a woman from Chicopee this weekend with illegal wiretapping after she recorded her arrest with her smartphone.

It’s only legal to record people in Massachusetts under the “Two-party Consent” Law. That means both people in a conversation must know that they are being recorded.

Even attempting to secretly record someone can lead to criminal charges. Violating the law can also lead to a civil lawsuit for the damages suffered by a victim.

This is not the case everywhere; all but 12 states allow some form of “one-party consent.” People 22News spoke with think all states should have a two-party law.

Sonia Peralta, who’s against wiretapping, said, “’I think they should change the law so if everybody is going to have it, make sure that everybody knows that it’s happening, but don’t do that to people without them knowing. I think if anybody’s going to be recording you, they should let you know.”

In Massachusetts, even attempting to wiretap could result in a $10,000 fine and 5 years in state prison.

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