Maryland is one of a few states that have two-party consent laws. Meaning that, under the Maryland Wiretapping and Electronic Surveillance Act, it is unlawful to audio record someone without the consent of all parties to the conversation. This applies also to the audio recording at residential properties and business locations. Under Maryland law, it is illegal to “willfully intercept, or attempt to intercept, or ask another to intercept” any wire, oral, or electronic communication. It is also prohibited to “willfully disclose, attempt to disclose or ask another to disclose” a recording taken in violation of Maryland law.
On the other hand, video recording, without recording audio, is permissible in Maryland without the consent of all parties. There are exceptions, however. It is not legal to use hidden surveillance cameras to record another where one would otherwise have an expectation of privacy. It is also not legal to intentionally recording another in their private home or on their private property, without consent.
Recording another in violation of the Maryland Wiretapping and Electronic Surveillance Act is a felony; and you may face imprisonment of up to five (5) years, a fine of up to $10,000, or both. Md. Code Ann., Cts. & Jud. Proc §10-402.
How can KGO help?
Being charged with violating the Maryland Wiretapping and Electronic Surveillance Act is a serious offense. As such, it is critical to seek legal representation as soon as possible. The guidance of the experienced attorneys at Krum, Gergely & Oates to assist with navigating each aspect of the charge and any mitigation is critical to reducing any criminal liability. The litigation attorneys at Krum, Gergely & Oates will tell you what to expect in Court and will give you the tools that you need to help us defend your case and put you in the best possible position to avoid jail or fines.