Last Updated: January 2026 | Verified against current California Statutes
Quick Answer
California is a two-party consent state (also called “all-party consent”). Under California Penal Code § 632, you cannot record a private conversation without the consent of everyone involved. California has some of the strictest recording laws in the country, with both criminal penalties and significant civil liability for violations.
PC § 631 – Wiretapping (intercepting wire communications)
PC § 632 – Eavesdropping on confidential communications
PC § 632.5-632.7 – Cell phone and cordless phone recordings
PC § 637.2 – Civil remedies for violations
PC § 647(j) – Video voyeurism and hidden cameras
What Makes a Communication “Confidential”?
A communication is considered “confidential” when any party has a reasonable expectation that the conversation is not being recorded or overheard. This is the key factor in determining whether recording requires consent.
Conversations are generally NOT confidential when they occur:
In public places where others can easily overhear
During government proceedings open to the public
In settings where privacy cannot reasonably be expected
Recording Phone Calls in California
Can You Record Phone Calls in California?
Yes, but only with the consent of all parties. Unlike one-party consent states, California requires everyone on the call to agree to the recording before it begins.
Consent can be obtained by:
Getting verbal or written consent before recording
Playing an automated message stating the call is being recorded
An audible beep tone at regular intervals during the call (though explicit consent is always safer)
Recording Calls Across State Lines
This is where California’s strict law becomes particularly important. In the landmark case Kearney v. Salomon Smith Barney, Inc. (2006), the California Supreme Court held that California’s all-party consent requirement applies when a caller in a one-party consent state records a call with someone in California.
Bottom line: If you’re calling someone in California, you should get everyone’s consent regardless of where you’re calling from.
Business Call Recording
Businesses operating in California must inform callers that calls may be recorded. The standard “This call may be recorded for quality assurance purposes” message is designed to satisfy this requirement, as continuing the call after hearing this message implies consent.
Recording In-Person Conversations
When Is It Legal?
When all parties consent to the recording
In public places where there’s no reasonable expectation of privacy
At government meetings and proceedings open to the public
When recording evidence of certain crimes (see Exceptions below)
When Is It Illegal?
Recording private conversations without everyone’s consent
Using hidden recording devices to capture private communications
Recording your boss in a private meeting without their knowledge
Intentionally recording neighbors’ conversations in their home
Recording in areas where privacy is expected (homes, private offices, etc.)
Intent – Purposeful recording, not accidental capture
Electronic Device – Use of recording equipment
Privacy – Reasonable expectation of confidentiality
Lack of Consent – Recording without all parties’ permission
California’s Unique Paparazzi Laws
California has unique laws specifically related to paparazzi and celebrity privacy
Due to California’s heavy involvement with the entertainment industry, the state has enacted special laws targeting invasive photography and recording:
Cal. Civil Code § 1708.8
This law prohibits trespassing with intent to capture images or recordings of people engaged in “personal or familial activity.” It covers both physical trespass and using telephoto lenses or other enhanced equipment to capture private moments from a distance.
Cal. Vehicle Code § 40008
Makes it illegal to follow another driver at close distances or drive recklessly with the intent to photograph or record them for commercial purposes. Violations can result in up to one year in jail and fines up to $2,500.
California Video Recording Laws
California’s surveillance laws derive from privacy and voyeurism statutes
Look through a hole or opening to view someone in a private area
Use a concealed camera to record someone where they have a reasonable expectation of privacy (bedrooms, bathrooms, changing rooms, etc.)
Use any device to photograph or record under or through a person’s clothing without consent
Use an unmanned aircraft (drone) to capture images in private spaces
Surveillance Cameras
California doesn’t have specific laws governing general surveillance cameras on private property. However, cameras cannot be placed where they would record areas where people have a reasonable expectation of privacy. The federal Video Voyeurism Prevention Act also applies.
Public Spaces
Video recording in public spaces where there is no expectation of privacy is generally permitted. This includes streets, parks, and public buildings.
Recording in the Workplace
Can Your Employer Record You?
Employers in California can record in common areas where there’s no expectation of privacy (lobbies, hallways, etc.). However, they cannot:
Record in restrooms, changing areas, or break rooms
Record private conversations without all-party consent
Use hidden cameras in areas where privacy is expected
Can You Record Your Employer?
You can record workplace conversations only if everyone involved consents. Even if you’re documenting harassment or illegal activity, secretly recording without consent can expose you to criminal and civil liability. The safer approach is to document incidents in writing and report them through proper channels.
Note: Company policies may prohibit recording even in situations where it might be legal. Violating workplace policies can result in termination even if no law was broken.
Recording Police and Government Officials
Can You Record Police Officers in California?
Yes! The First Amendment protects your right to record police officers performing their public duties. In 2015, California Governor Jerry Brown signed the Right to Record Act, which explicitly confirms that civilians may record law enforcement officers in public.
When recording police:
Don’t interfere with their duties
Maintain a safe distance
Follow lawful orders (but you don’t have to stop recording)
You can record from your own property or any public space
Recording Government Meetings
California’s Brown Act guarantees the public’s right to attend and record open meetings of local legislative bodies. Recording is allowed unless the meeting is properly closed for specific exceptions.
California Recording Law Exceptions
Law Enforcement Exception
Law enforcement officers may record communications with the consent of one party when investigating crimes. Evidence gathered this way is admissible in court.
Crime Documentation Exception
Private citizens can record without all-party consent if they reasonably believe they are documenting evidence of specific crimes:
Extortion
Kidnapping
Bribery
Harassing phone calls
Any felony involving violence against another person
This exception essentially converts California to a one-party consent state when you’re recording evidence of serious crimes, particularly if you feel threatened.
Penalties for Illegal Recording in California
Criminal Penalties
Offense
Fine
Jail Time
PC § 632 – First offense (eavesdropping)
Up to $2,500
Up to 1 year
PC § 632 – Repeat offense
Up to $10,000
Up to 1 year
PC § 631 – Wiretapping (misdemeanor)
Up to $2,500
Up to 1 year
PC § 631 – Wiretapping (felony)
Fine varies
16 months – 3 years
PC § 637 – Sharing intercepted communications
Up to $5,000
Up to 1 year
PC § 647(j) – Video voyeurism
Up to $1,000
Up to 6 months
Veh. Code § 40008 – Paparazzi driving
Up to $2,500
Up to 1 year
Civil Liability – PC § 637.2
Beyond criminal penalties, victims of illegal recording can sue for civil damages under California Penal Code § 637.2:
$5,000 per violation, OR
Three times (treble) actual damages – whichever is greater
Injunctive relief to stop ongoing violations
No actual damages required – you can sue even without proving financial harm
This makes California one of the most plaintiff-friendly states for recording law violations.
Using Recordings as Evidence in California
Are Illegally Obtained Recordings Admissible?
No. Under California law, recordings made in violation of Penal Code § 632 are generally inadmissible in court proceedings. This is a significant protection that other states don’t always provide.
Legal Recordings as Evidence
Properly obtained recordings (with all-party consent) can be powerful evidence in both criminal and civil cases. They must be authenticated – meaning you must be able to prove the recording is genuine and unaltered.
Frequently Asked Questions
Is California a one-party consent state?
No. California is an all-party consent state. You must obtain consent from everyone involved in a private conversation before recording. The only exception is when documenting evidence of certain serious crimes.
Is California a two-party consent state?
Yes. California requires the consent of all parties to record any confidential communication. This is often called “two-party consent” though technically it means all parties, not just two.
Can I record a conversation without the other person knowing in California?
Not legally, unless it’s a public conversation with no expectation of privacy, or you’re documenting evidence of certain crimes like extortion, kidnapping, or violent felonies.
Can I sue someone for recording me in California?
Yes. Under PC § 637.2, you can sue for $5,000 per violation or three times your actual damages, whichever is greater. You don’t need to prove you suffered financial harm.
Do I need to tell someone I’m recording in California?
Yes, for private conversations. All parties must consent before recording begins.
Can I record a Zoom call in California?
Only with the consent of all participants. Most video conferencing platforms display a recording indicator and notify participants when recording starts, which helps establish consent.
Can I record in a store or mall in California?
Generally yes for video in public areas. However, recording private conversations of others without consent is still illegal.
What is the penalty for illegal recording in California?
Criminal penalties include fines up to $2,500 ($10,000 for repeat offenders) and up to one year in jail. Civil liability adds $5,000 per violation or treble damages.
Can recordings be used in divorce court in California?
Only if obtained legally with all-party consent. Illegally recorded conversations are typically inadmissible.
Does California have hidden camera laws?
Yes. PC § 647(j) prohibits using hidden cameras to record people in private areas or to capture images under or through clothing.
Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed California attorney.
Two-Party Consent States Reference
California is one of approximately 13 states that require all-party consent for recording. For comparison, here are all two-party consent states:
*Connecticut has different rules for in-person vs. phone recordings. Michigan courts have interpreted the statute as one-party consent in some circumstances.
One-Party Consent States
The remaining 38 states (including D.C.) follow one-party consent rules, meaning you can record a conversation you’re participating in without telling the other parties. See our One-Party Consent States Guide for details.
