Recording Laws in Minnesota (2026): Your Simple Guide to Staying Legal
Most people record conversations without thinking twice. You pull out your phone, hit record, done. But in Minnesota, the rules are pretty specific about when you can and can’t record someone. Trust me, you’ll want to know this stuff.
Let’s break down exactly what’s legal and what could get you into serious trouble. Because honestly? The penalties are no joke.
What Is Minnesota’s Recording Law?
Minnesota is what lawyers call a “one-party consent” state. That’s actually good news for you. It means you can legally record a conversation as long as one person in that conversation knows about the recording. And yep, that one person can be you.
Here’s the thing though. You have to actually be part of the conversation. You can’t just leave your phone recording in a room and walk away. That’s illegal, and we’ll get to those penalties in a minute.
The law covers everything. Phone calls. Face-to-face conversations. Text messages. Video chats. If people are communicating, the recording rules apply.
Basic Recording Rules You Need to Know
When You Can Record (Legally)
You’re good to record when you’re actually in the conversation. Think of it this way: if you’re talking, you can record. No need to tell the other person. No need to get their permission first.
This applies everywhere. At work. At home. In your car. On the phone. As long as you’re part of the conversation and you’re not planning to use the recording for something illegal, you’re covered.
Sound complicated? It’s actually not.
When You Cannot Record (This Gets You in Trouble)
Hold on, this part is important. You absolutely cannot record conversations that you’re not part of. Period.
Here are some examples that’ll land you in hot water. Leaving a recording device in a room after you leave. Recording your neighbor’s private conversations through their window. Setting up a hidden camera to catch people talking when you’re not there.
Basically, if you’re not in the conversation, don’t record it.
Recording Phone Calls in Minnesota
Wondering if phone calls work differently? Not really. The same one-party consent rule applies. You can record any phone call that you’re on. The other person doesn’t need to know.
Here’s where it gets tricky though. What if you’re in Minnesota but the person you’re calling is in California? California requires all-party consent. Different states, different rules.
Most lawyers will tell you this: when in doubt, tell everyone you’re recording. It’s the safest approach. Plus, it just feels more honest, right?
Recording Police Officers
You’re gonna love this one. In Minnesota, you can absolutely record police officers doing their jobs. This is legal in all 50 states, actually.
You can film police from any public place where you have a legal right to be. Sidewalks. Parks. Public streets. Even your own property. As long as you’re not interfering with their work or breaking other laws, you’re good.
Here’s the catch. “Interfering” is the key word. Don’t get so close that you’re creating a safety hazard. Don’t physically block officers from doing their jobs. Stay at a reasonable distance and you’re totally fine.
Many people don’t realize how protected this right is. Courts have consistently upheld citizens’ rights to film on-duty law enforcement in public places.
Hidden Camera Laws (Read This Carefully)
Okay, pause. This section is super important. Minnesota has strict laws about hidden cameras and video surveillance.
You cannot use hidden cameras in places where people expect privacy. Bathrooms. Bedrooms. Changing rooms. Hotel rooms. Tanning booths. These are all off-limits, even in your own home.
Think about it this way: if someone might reasonably undress there, you can’t secretly record there. Makes sense, right?
Commercial property is different. Business owners can use security cameras in common areas like hallways or lobbies. But they need to post visible signs warning people about the surveillance.
Workplace Recording Rules
Not sure what counts as okay at work? Let me break it down. In Minnesota, you can record workplace conversations that you’re part of. Your boss doesn’t need to know. Your coworkers don’t need to agree.
But here’s something most people miss. Many companies have their own policies against recording. These policies can’t override state law, but they can get you fired. Check your employee handbook before you hit record.
Another thing. If you’re recording a phone call with someone in a different state, their state’s laws might apply too. This gets complicated fast. Honestly, this is when you might want to talk to a lawyer.
Penalties and Consequences (This One’s Serious)
Now, here’s where things get real. Break Minnesota’s recording laws and you’re looking at serious penalties. We’re talking criminal charges here.
The basic violation? Up to five years in prison. Up to $20,000 in fines. That’s not a typo. Twenty thousand dollars.
For a first offense with no criminal intent, the penalties drop a bit. You might see up to one year in jail and a $3,000 fine instead. Still pretty severe.
Hidden camera violations are even worse in some cases. If the victim is under 18 and the recording was for sexual gratification? That’s a felony. Up to four years in prison. Up to $5,000 in fines.
Less severe than murder? Sure. But still life-changing consequences. Don’t mess around with this stuff.
Civil Lawsuits (You Could Get Sued Too)
Hold on, it gets worse. Criminal penalties aren’t the only thing you need to worry about. People can sue you in civil court too.
If someone’s conversation was illegally recorded, they can take you to court. The damages? At minimum, $100 per day of violation or $10,000, whichever is greater. Courts can also award three times the actual damages. Plus attorney’s fees. Plus punitive damages.
You could end up owing tens of thousands of dollars. Maybe more. All because you recorded something you shouldn’t have.
Special Circumstances and Exceptions
What about recording for evidence? Like if your spouse is threatening you? Minnesota law doesn’t create a special exception for this. The same one-party consent rule applies.
If you’re in the conversation, you can record. Even if it’s a heated argument. Even if the other person is saying terrible things. As long as you’re not recording for a criminal purpose, you’re legally allowed to document what’s happening.
But wait, there’s more to know. Using that recording in court is a different question. Just because you can legally make a recording doesn’t automatically mean it’s admissible as evidence. Talk to a lawyer about your specific situation.
Recording Across State Lines (Tricky Stuff)
This confuses a lot of people. What happens when you’re in Minnesota calling someone in California? California is an all-party consent state. They require everyone to agree to the recording.
The safest approach? Follow the strictest law. If you’re calling someone in an all-party consent state, tell them you’re recording. Get their permission. Document it if you can.
Pretty much every legal expert agrees on this. Better to be overly cautious than to accidentally break another state’s laws. The legal bills aren’t worth the risk.
Recording in Your Own Home
Can you record in your own house? Usually, yes. But there are limits. You cannot record in areas where someone has a reasonable expectation of privacy.
Guest bathroom? Nope. Guest bedroom? Also nope. Living room or kitchen? Generally okay, especially if you’re part of the conversation happening there.
Remember the basic rule though. You still need to be part of the conversation you’re recording. Just being the homeowner doesn’t give you unlimited recording rights.
How to Stay on the Right Side of the Law
Want to avoid legal trouble? Here’s my honest advice. Always assume you need permission. Better to ask and look overly cautious than to end up in court.
If you’re recording a conversation you’re in, you’re usually fine. But tell the other person anyway. It builds trust. It prevents misunderstandings. And it definitely prevents lawsuits.
Keep recordings private. Don’t share them on social media. Don’t send them to random people. The more you share, the more legal exposure you create.
What to Do If You’re Accused of Illegal Recording
Okay, this one’s important. If someone accuses you of recording them illegally, don’t panic. But also, don’t try to handle it yourself.
Stop recording immediately. Don’t delete anything. Seriously, don’t touch those files. Deleting evidence makes everything worse. Get a lawyer. Like, right away. Before you talk to anyone else about it.
Your lawyer will review what happened. They’ll look at whether you were actually part of the conversation. They’ll check if the recording was in a public place. They’ll build your defense if you need one.
Recent Changes (2025 Update)
Something changed recently that you should know about. As of July 1, 2025, police body camera footage is more accessible to the public.
If you’re involved in certain incidents, you can now get unredacted body camera footage faster. This includes people who can get state accident reports. It’s easier to hold law enforcement accountable now.
This doesn’t change the rules about civilians recording. But it does show that Minnesota is taking transparency seriously. Both for police and for regular people.
Recording for Safety or Evidence
Many people ask about recording for safety reasons. Like recording a threatening ex-partner. Or documenting harassment at work. Is this legal?
In Minnesota, if you’re part of the conversation, yes. You can record threats made against you. You can record hostile work environments you’re experiencing. You can document abuse happening to you.
The key phrase is “happening to you.” You need to be involved. You can’t record other people’s conversations, even if you’re trying to help them.
This law protects you when you need evidence. Just make sure you’re using it legally.
Common Mistakes People Make
Let me tell you the mistakes I see all the time. People think they can record any conversation happening in their house. Wrong. The location doesn’t matter as much as whether you’re in the conversation.
Another big one? People record conversations to catch someone doing something wrong. That’s fine, as long as you’re part of the conversation. But don’t set up hidden recording equipment and leave. That crosses the line.
Oh, and don’t share recordings publicly just because they’re legal to make. Legal to record doesn’t always mean legal to share. Especially if it violates someone’s privacy in other ways.
When You Definitely Need a Lawyer
Confused about whether your recording was legal? Call a lawyer. Planning to use a recording in court? Call a lawyer. Got accused of illegal recording? Definitely call a lawyer.
Some situations are pretty straightforward. Others get complicated fast. Don’t try to be your own legal expert. The stakes are too high.
A good criminal defense attorney can help you understand your rights. They can review your specific situation. And they can keep you out of serious trouble.
Tips for Legal Recording
Want to record conversations the right way? Here’s what works. Always be part of the conversation you’re recording. Keep recordings private and secure. Don’t use them for illegal purposes.
Consider telling people you’re recording, even when you don’t have to. It’s just good practice. It prevents problems down the road. And honestly, most people will understand if you explain why.
Store your recordings safely. Don’t leave them on devices that could get stolen. Don’t upload them to public cloud storage. Treat them like the sensitive legal evidence they might become.
Technology and Recording Laws
These days, recording is easier than ever. Your phone. Your smartwatch. Your computer. They all have recording capabilities. But easy doesn’t mean legal.
Just because your device can record doesn’t mean you should record. The same laws apply whether you’re using a $1,000 phone or a $10 voice recorder.
Smart home devices add another layer. Alexa, Google Home, security cameras. Make sure you understand what they’re recording and who can access those recordings.
Recording in Public Places
Here’s something people get wrong constantly. Public places don’t automatically mean you can record. The one-party consent rule still applies.
You can record conversations in public if you’re part of them. Parks, restaurants, coffee shops. If you’re talking, you can record. But you can’t secretly record two strangers chatting at the next table.
There’s no reasonable expectation of privacy in public spaces. That’s true. But Minnesota law still requires one party to consent. That party can be you if you’re in the conversation.
Final Thoughts
Now you know the basics. Minnesota is a one-party consent state. You can record conversations you’re in. You can’t record conversations you’re not part of. Hidden cameras in private places are illegal. Penalties are steep.
Stay informed, stay safe, and when in doubt, get permission or ask a lawyer. Recording laws exist to protect everyone’s privacy. Respect them, and you’ll be fine.
The rules aren’t that complicated once you understand them. Just remember: be part of the conversation, don’t hide cameras in private spaces, and think twice before hitting record. That’s pretty much it.
Frequently Asked Questions
Can I record my boss without them knowing in Minnesota?
Yes, as long as you’re part of the conversation. Minnesota’s one-party consent law allows you to record workplace conversations you’re involved in. But check your company’s policies first because they might fire you for it, even though it’s legal under state law.
Is it legal to record police officers in Minnesota?
Absolutely yes. You can record police officers performing their duties in public spaces. Just don’t interfere with their work or get so close that you create a safety hazard. Courts have consistently protected this right.
What happens if I record someone without consent in Minnesota?
If you weren’t part of the conversation, you could face up to five years in prison and a $20,000 fine. You could also get sued for damages starting at $10,000. The penalties are serious, so don’t risk it.
Can I use a nanny cam in my home?
Yes, but only in common areas like living rooms or kitchens. You cannot use cameras in bathrooms, bedrooms, or anywhere someone might reasonably expect privacy. Make sure you’re following both video and audio recording laws.
Do I need to tell someone I’m recording them on the phone?
Not legally, if you’re part of the call and they’re in Minnesota. But if they’re in an all-party consent state like California, you should tell them. When in doubt, just inform them. It’s safer and more respectful.
References
- Minnesota Statute 626A.02 – Interception and Disclosure of Wire, Electronic, or Oral Communications https://www.revisor.mn.gov/statutes/cite/626A.02
- Minnesota Statute 609.746 – Interference with Privacy https://www.revisor.mn.gov/statutes/cite/609.746
- Reporters Committee for Freedom of the Press – Minnesota Recording Guide https://www.rcfp.org/reporters-recording-guide/minnesota/
- Minnesota Department of Administration – Body Camera Data Practices https://mn.gov/admin/data-practices/data/types/body-camera/
- Minnesota Statute 13.825 – Portable Recording System Data (2025 Updates) https://www.revisor.mn.gov/statutes/cite/13.825