Is Recording Conversations Legal in Hawaii? (2026)
Partially — Recording Conversations is legal with restrictions in Hawaii as of 2026.
Law changed in 2025: A 2025 Hawaii Supreme Court ruling mandated the recording of all custodial interrogations. Additionally, Senate Bill 2145 was introduced in 2026 to affirm the right to record law enforcement activity.
Quick Answer
Hawaii is a two-party consent state under Hawaii Revised Statutes § 803-42. It is illegal to record a private conversation without the consent of all parties involved. This applies to any interception or recording of oral communication.
What the Law Says
Hawaii is a one-party consent state, but it is a Class C felony to record or install a recording device in a private place without the consent of at least one party.
— Hawaii Revised Statutes § 803-42
| Category | Details |
|---|---|
| Consent Requirements | Possession of recordings made without all-party consent is illegal and may be subject to seizure. |
| Exceptions | Sale or distribution of illegally recorded conversations is prohibited. |
| Criminal/Civil Penalties | Violations are a misdemeanor punishable by up to 1 year imprisonment or a fine up to $2,000, or both. |
| Pending Legislation | None known |
A 2025 Hawaii Supreme Court ruling mandated the recording of all custodial interrogations. Additionally, Senate Bill 2145 was introduced in 2026 to affirm the right to record law enforcement activity.
Enforcement Reality
Hawaii is a one-party consent state for in-person conversations where the recorder is a party. However, it is effectively a two-party consent state for phone calls, and enforcement reflects this distinction.
A common mistake is assuming one-party consent applies to all recordings, especially over the phone. Another is not being aware of the specific rules around recording police, which is a developing area of law.
Local Exceptions
None identified. State law applies uniformly across Hawaii. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Recording Conversations is legal with restrictions in Hawaii. This activity is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
Hawaii vs. the Rest of the US
Across the US, recording conversations is fully legal in 31 states, restricted in 19, and illegal in 0. Hawaii falls in the RESTRICTED category.
View the full 50-state map →Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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