Recording Law for Video-Only Recording in Maine

Maine’s wiretap statute (15 M.R.S. §§ 709–713) reaches only "wire" and "oral" communications — meaning sound or speech. The chapter’s definition of "intercept" in 15 M.R.S. §709(4) is limited to the aural acquisition of the contents of a communication through the use of any electronic, mechanical, or other device. Because no sound is captured, the wiretap chapter does not apply to silent video-only recording or photography. This means you can record silent video or take photos in public places without violating Maine’s wiretap rules, though such recording may still be restricted by Maine’s privacy statute if done in a private place.

Even though video-only recording isn’t covered by the wiretap law, it may still violate Maine’s privacy statute (17-A M.R.S. § 511) if done in a "private place" without consent. The law defines a "private place" as "a place where one may reasonably expect to be safe from surveillance, including, but not limited to, changing or dressing rooms, bathrooms and similar places." Recording someone in a bathroom, bedroom, or changing room without the consent of the person entitled to privacy there can violate §511. Outside these private areas, ordinary public spaces like streets, sidewalks, and parks are not considered private places under this law, so recording silent video there is unrestricted.

Federal courts covering Maine have ruled that the First Amendment protects the right to record on-duty police officers performing their duties in public. The U.S. Court of Appeals for the First Circuit held in *Glik v. Cunniffe*, 655 F.3d 78 (1st Cir. 2011), that openly recording police in a public park is protected speech and that the right was "clearly established" for qualified-immunity purposes. Later, in *Project Veritas Action Fund v. Rollins*, 982 F.3d 813 (1st Cir. 2020), the same court extended this protection to secret or covert recording of police and other government officials performing public duties in public spaces. Because Maine is a one-party consent state, a participant in an encounter with police (for example, being addressed by or interacting with an officer) may lawfully record the encounter without the officer’s consent under the wiretap statute. No Maine statute specifically prohibits recording on-duty police in public.

A private residence isn’t automatically off-limits for recording, but the specific room matters. Bathrooms, bedrooms, and changing areas are clearly private places under Maine law. Common areas like kitchens, living rooms, and hallways are not automatically private places, and the analysis depends on whether the specific room or location is a "private place" under the statute’s reasonable-expectation-of-privacy test. The statute’s "private place" test turns on reasonable expectation of privacy in the specific location/room rather than home-ownership per se. For example, a bedroom or bathroom within a home is a private place, while a kitchen or living room generally is not. Always consider whether the person being recorded would reasonably expect privacy in that exact location at that time.

Imagine you’re at a public protest in Portland, wearing a body camera that only records video. You capture footage of police officers managing the crowd, but your device doesn’t record any sound. This is legal under Maine law. The wiretap statute does not apply because no audio is captured, the protest takes place in a public area, and the First Amendment protects your right to record on-duty police performing their duties in public. Even if the officers don’t know they’re being recorded, you are protected as long as you’re not using the footage for illegal purposes.

Violating Maine’s privacy law (17-A M.R.S. § 511) by recording in a private place without consent is a Class D crime. The wiretap statute (15 M.R.S. § 710) makes illegal interception a Class C crime. The wiretap chapter also provides a private civil right of action for any party to a conversation intercepted in violation of the chapter, with statutory liquidated damages and attorney’s fees. Since silent video doesn’t trigger the wiretap law, the main risk comes from recording in private places without consent.