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Bill > S4739


NJ S4739

NJ S4739
Makes it unlawful to record telephone call or other conversation unless all parties consent.


summary

Introduced
10/27/2025
In Committee
10/27/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill would make it unlawful for a private citizen to record a phone call or other conversation unless all parties consent. Currently, the wiretapping statutes provide that in situations where a person has an expectation of privacy, it is unlawful for a private citizen to use an electronic, mechanical, or other device to record a conversation, unless the person making the recording is a party to the conversation, or one of the parties consents to the recording. The statutes set out exceptions for law enforcement, which would not be affected by this bill. Violation of the wiretapping law is a crime of the third degree, punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. Because New Jersey recording law generally requires the consent of only one party to a conversation, New Jersey is currently known as a "one-party consent" state. This bill would change the law to make New Jersey an "all-party consent" state. Currently, 11 states require such "all-party consent."

AI Summary

This bill would modify New Jersey's wiretapping law to require all parties to consent before a telephone call or conversation can be recorded, changing the state from a "one-party consent" to an "all-party consent" jurisdiction. Specifically, the bill amends an existing law to remove language that previously allowed a person to record a conversation if they were a party to the communication or if one party consented. The new language would mandate that all parties to a communication must provide prior consent before a recording can be made, with exceptions for specific scenarios such as law enforcement activities, communications accessible to the general public, radio communications in certain services, and communications causing interference. The bill maintains existing provisions that allow service providers, law enforcement, and other specified entities to intercept or record communications under certain circumstances. If enacted, violating this law would continue to be a third-degree crime, potentially resulting in three to five years of imprisonment, a fine up to $15,000, or both. The law would take effect 90 days after its enactment, and it aims to provide greater privacy protections for individuals engaged in personal communications.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 10/27/2025)

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