Is Recording a Conversation Legal in Arizona?

01 Aug Is Recording a Conversation Legal in Arizona?

Making a video or audio recording of a conversation in Arizona can be illegal, especially if you have plans to publish, post, or distribute the conversation in any way. Even though Arizona is a one-party consent state, there are still rules about certain types of content and how you can use the recorded audio or visual material.

When Can I Record Conversations in Arizona?

Recording a conversation without consent in Arizona is illegal. However, Arizona is a one-party consent state, which means it is legal to record a conversation under certain circumstances.

To legally record a conversation in Arizona:

• You must be one of the parties involved in the conversation
• You must present during the entire conversation
• If you are not present, you must have the consent of one of the other parties participating in the conversation

In Arizona, you are also legally allowed to record the police , as long as the person recording is more than 8 feet away, and is not impeding law enforcement from doing their jobs. You must also send a copy of the recording in to law enforcement if they asked you to do so.

Security surveillance is also allowed under Arizona law. As long as there are posted signs, and the recording devices are not in a space with a reasonable expectation of privacy , security recordings are legal.

When Is It Illegal to Record a Conversation?

In Arizona, it is illegal for anyone to knowingly record another person without their permission. For example, recording is illegal in the following situations:

• When a video recording takes place inside a bathroom, locker room, bedroom, or anywhere there is a reasonable expectation of privacy
• When a video recording captures a person’s exposed genitals, toplessness, or other nudity
• When the act of audio or video recording is impeding law enforcement

Arizona Laws Around Distributing Recordings

Depending on the content, distributing a recording is only legal with express permission. It is always illegal if:

• The person in the recording had a reasonable expectation of privacy. For example, the recorded conversation was in a bathroom, or the video records a person in a state of undress or engaged in a sexual act .
• The person in the recording did not consent to disclosure. For example, the recording was not related to security, or the person was on their own property and had an expectation of personal privacy.

Before You Record a Conversation in Arizona, Talk to a Lawyer

If you are thinking of posting a recording of a conversation, we suggest consulting a lawyer beforehand. This is especially important if you are involved in a legal case as the defendant or a witness , as it could impact the outcome of a case.

Todd Coolidge has over 25 years of experience in the Arizona justice system, and he has the knowledge and experience it takes to win. If you are facing legal trouble, you need a certified defense attorney on your side. Contact our office today for a free consultation.

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