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Is it legal to record a call in Delaware?

Delaware is an all-party consent state for recording conversations. In an all-party consent state, all parties to the conversation must consent before it is recorded.

Delaware law is genuinely split. Its wiretap statute (11 Del. C. section 2402) reads one-party, but its privacy statute (11 Del. C. section 1335) reads all-party. Because the two conflict, the safer course is to treat Delaware as an all-party state: tell everyone on the call you are recording. This is general information, not legal advice. Confirm the current statutes at the official sources on this page and consult your own counsel before relying on it.

The statute

For a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties to the communication has 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 constitutions or laws of the United States, this State or any other state or any political subdivision of the United States or this or any other state.

11 Del. C. 2402(c)(4). Last verified 2026-07-03.source

Penalties under the Delaware statute

The operative penalty language, quoted from the same archived official source:

Any person who violates subsection (a) of this section shall be guilty of a class E felony and be fined not more than $10,000.

11 Del. C. 2402(c)(4).source

Frequently asked questions

Can I record a phone call I am on in Delaware?

Delaware is an all-party consent state for recording conversations. In an all-party consent state, all parties to the conversation must consent before it is recorded. See the statute quoted above and confirm at the official source linked below. This is general information, not legal advice.

What penalties does the Delaware statute provide?

The archived statute text provides: "Any person who violates subsection (a) of this section shall be guilty of a class E felony and be fined not more than $10,000." See the quoted provision above and the official source for full context. This is general information, not legal advice.

Sources

Important

This page is general information, not legal advice. Recording laws have edge cases that this summary does not cover, including in-person versus phone recording, calls that cross state lines, and law-enforcement exceptions. Laws change. Confirm the current statute at the official source linked below, and consult your own counsel before relying on it.