Recording Law for Family Law in Vermont

Vermont has no state law requiring you to get the other person’s consent to record a conversation you’re part of. That means the federal one-party consent rule applies: you can record a conversation if at least one person taking part in it agrees — and that includes you. This rule covers both in-person talks and phone calls. Vermont’s only law that restricts recording is its narrow voyeurism statute, 13 V.S.A. § 2605, which bans secretly recording or surveilling someone inside a residence without their knowledge or consent when that person has a reasonable expectation of privacy. It also criminalizes recording a person’s nude or undergarment-clad ‘intimate areas’ without consent where privacy is reasonably expected. This statute does not stop you from openly recording a dispute on a public street or in a store. If you’re recording inside a residence where someone has a reasonable expectation of privacy, the law treats that space as private. You must get clear, affirmative consent from the person being recorded before you start recording there. The statute says it’s a crime to intentionally conduct surveillance or to photograph, film, or record in any format anyone without their knowledge and consent while they’re in a place where they’d reasonably expect privacy inside a home or residence. That includes audio and video, whether the device is hidden or not.

Recording in a public place — like a sidewalk, park, or store — is generally allowed under the one-party consent rule. Federal law says you can record a conversation if you’re part of it, even if others don’t know. Vermont’s voyeurism law doesn’t cover ordinary public behavior. It only restricts secretly recording or surveilling someone inside a residence without consent and recording a person’s intimate areas without consent where privacy is reasonably expected. If you’re openly recording a loud argument in a public place, you’re not breaking Vermont’s voyeurism law. Because no Vermont court has squarely decided whether a common-law privacy claim could apply to public conversations where speakers take steps to keep the conversation private, and the one supporting citation is flagged as unverified, it’s safest to pause recording if you see clear signs they’re trying to keep the conversation private, and get advice before continuing.

Recording inside a residence where someone has a reasonable expectation of privacy is treated as a private space under Vermont’s voyeurism law. The statute says it’s a crime to intentionally conduct surveillance or to photograph, film, or record in any format anyone without their knowledge and consent while they’re in a place where they’d reasonably expect privacy inside a home or residence. This applies to both audio and video, whether the device is hidden or openly worn. The law requires both knowledge and consent at the time of recording — not later. If you start recording before the person being recorded knows the device is on and agrees, that earlier part of the recording can’t be fixed by getting consent later. You must get clear, affirmative agreement from the person being recorded before you begin recording. Vermont courts haven’t ruled on whether an openly worn device alone shows knowledge and consent. So treat the whole residence as off-limits for recording unless you have explicit permission from the person being recorded.

Breaking Vermont’s voyeurism law can lead to criminal charges. The statute makes it a crime to secretly conduct surveillance or to photograph, film, or record in any format someone inside a residence without their knowledge and consent when that person has a reasonable expectation of privacy. That includes audio and video, whether the device is hidden or not. A first offense can bring up to two years in jail and a fine up to $1,000. A second or later offense can bring up to three years in jail and a fine up to $5,000. The law also makes it a felony to disclose recorded material in certain ways, with penalties up to five years in jail and a $5,000 fine. These penalties apply to secretly recording or surveilling inside a residence where someone has a reasonable expectation of privacy or recording intimate areas without consent, not to public recordings covered by the one-party consent rule. Vermont has no general wiretapping law for private citizens, so the federal one-party consent rule governs most other situations.

Federal one-party consent allows you to record an on-duty police officer performing public duties in a public space. Vermont’s voyeurism law doesn’t restrict this. The federal wiretap rule doesn’t resolve whether you have a First Amendment right to continue recording if an officer orders you to stop. The federal appeals court covering Vermont hasn’t squarely decided this issue, and some lower courts in the circuit have suggested a right exists but there’s no controlling precedent. If an officer tells you to stop recording or says it’s illegal, stop recording immediately and pause audio capture for the rest of the encounter. Do not resume audio recording during the same encounter based on your own judgment. Get legal advice before continuing to record in that situation.

Say you’re at a public park for a scheduled custody exchange with your ex-partner. You’re having a heated argument in front of your child. You’re wearing a small camera on your shirt that records both video and audio. Because you’re in a public place and part of the conversation, the one-party consent rule allows you to record. Vermont’s voyeurism law doesn’t apply here because it’s not inside a residence where someone has a reasonable expectation of privacy and doesn’t involve someone’s intimate areas. Because no Vermont court has squarely decided whether a common-law privacy claim could apply to public conversations where speakers take steps to keep their conversation private, and the one supporting citation is flagged as unverified, it’s safest to pause recording if you see clear signs they’re trying to keep it private, and get advice before continuing. If you later record inside your ex-partner’s home without their clear consent, you could face charges under Vermont’s voyeurism law. The law requires both knowledge and consent at the time of recording, not after.

Vermont has no state law that creates a special consent requirement for recording conversations involving minors. The federal one-party consent rule applies, meaning you can record a conversation you’re part of even if a minor is involved, provided the conversation occurs in a setting where no one has a reasonable expectation of privacy under the federal Wiretap Act. Vermont’s voyeurism statute, however, criminalizes two distinct acts: (1) secretly conducting surveillance or recording any person inside a residence without consent when that person has a reasonable expectation of privacy, and (2) recording a minor’s ‘intimate areas’ without consent where privacy is reasonably expected. If you are recording inside a residence where a minor has a reasonable expectation of privacy, you must obtain clear, affirmative consent from the minor’s parent or legal guardian before starting the recording. The statute’s penalties for a first offense include up to two years imprisonment and/or a $1,000 fine, with higher penalties for subsequent offenses or certain disclosure violations.

Vermont has no state statute that specifically regulates recording in schools, daycares, or similar child-focused settings for private citizens. The federal one-party consent rule generally applies, but Vermont’s voyeurism statute restricts two distinct acts: (1) secretly conducting surveillance or recording any person inside a residence without consent when that person has a reasonable expectation of privacy, and (2) recording a minor’s ‘intimate areas’ without consent where privacy is reasonably expected. If the setting is a school or daycare facility, recording inside a residence where a minor has a reasonable expectation of privacy would trigger the voyeurism statute’s consent requirement. Outside such residences, the one-party consent rule governs, but schools and daycares may have their own policies restricting recording by visitors or staff. Always check posted policies and obtain any required permissions before recording in these environments.