Privacy Law Library

Interception of Wire, Electronic and Oral Communications (wiretap and one-party consent recording)

RI Wiretap Law

Communications

Rhode Island is a one-party consent state: it is a crime to intercept a phone call, electronic communication or in-person conversation unless the interceptor is a party or one party has consented in advance, and even then not if the recording is made to commit a crime, tort or other injurious act. Chapter 12-5.1 sets the court-order procedure for law-enforcement wiretaps and gives victims of unlawful interception a civil damages claim.

Where
Rhode Island
Citation
R.I. Gen. Laws §§ 11-35-21 to 11-35-24; 12-5.1-1 to 12-5.1-16
Status
In force
Enforced by
Rhode Island Attorney General and local prosecutors; courts via civil suits
People can sue
Yes
Penalties
Willful unlawful interception, or knowing disclosure or use of unlawfully intercepted contents, is a felony punishable by up to 5 years in prison (§ 11-35-21). Trafficking in surreptitious intercepting devices: up to 5 years and $10,000 (§ 11-35-24). Victims may sue for actual damages but not less than $100 per day of violation or $1,000, whichever is higher, plus punitive damages and attorney's fees (§ 12-5.1-13).
Applies to
  • Any person who intercepts, discloses or uses the contents of wire, electronic or oral communications in Rhode Island
  • Communication common carriers and their employees (service-observing limits)
  • Law enforcement seeking interception orders (ch. 12-5.1)
  • Anyone who possesses, sells, makes or advertises surreptitious intercepting devices

Rights it gives people

  • A person whose communication is unlawfully intercepted, disclosed or used may sue for liquidated or actual damages, punitive damages and fees; good-faith reliance on a court order is a complete defense.R.I. Gen. Laws § 12-5.1-13

Practices it requires

  • Do not willfully intercept, or procure another to intercept, any wire, electronic or oral communication unless you are a party to it or a party has given prior consent (or another ch. 12-5.1 exception applies).R.I. Gen. Laws § 11-35-21(a)(1), (c)(2)-(3)
  • One-party consent does not protect a private interception made to commit a criminal, tortious or other injurious act.R.I. Gen. Laws § 11-35-21(c)(3)
  • Do not disclose or use contents known or reasonably known to have been unlawfully intercepted, unless they have become common knowledge or public information.R.I. Gen. Laws § 11-35-21(a)(2)-(3), (b)
  • Communication common carriers may not use service observing or random monitoring except for mechanical or service-quality control checks.R.I. Gen. Laws § 11-35-21(c)(1) · Only if: Communication common carriers
  • Do not possess, sell, distribute, manufacture or advertise devices primarily useful for surreptitious interception of wire or oral communications, except carriers and government contractors acting in the course of duty.R.I. Gen. Laws § 11-35-24

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Law-enforcement order procedures in §§ 12-5.1-2 to 12-5.1-12 were identified by section title only and not summarized. | No separate Rhode Island stored-communications statute was identified.

Research reference, not legal advice.