If property is clearly posted no trespassing, can I legally record audio from each of my CCTV camera?

UPDATED: Sep 30, 2022

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If property is clearly posted no trespassing, can I legally record audio from each of my CCTV camera?

I’m setting up a CCTV system for my rural home, and each of the cameras have audio capabilities. The cameras are not hidden and only on the outside of the house. Can I also record the audio or would this fall into wire tapping? The intent here is to capture anyone attempting to enter my home illegally.

Thank you,


Asked on March 29, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you may not do this, even against trespassers and even with posting. Your state is a "one-party consent" case--that means that at least one party (person participating in) the conversation must consent or agree to the recording. If they do not, you have committed wiretapping and are potentially subject to criminal prosecution.

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