Nevada* Recording Laws

Last Updated: January 2025 | Verified against current Nevada Revised Statutes

Quick Answer

Nevada has MIXED consent requirements. Nevada is unique because it has different rules for different types of communications:

  • In-person conversations: One-party consent – you can record if you’re participating
  • Phone/wire communications: ALL-PARTY consent required – everyone must agree to be recorded

This means you CANNOT secretly record phone calls in Nevada, even your own calls.

Key Point In-Person Phone Calls
Consent Type One-Party All-Party
Can you record secretly? Yes No
Must inform all parties? No Yes
Primary Statute NRS 200.620
Criminal Penalty Category D Felony (1-4 years)
Maximum Fine $5,000

Understanding Nevada’s Unique Recording Laws

The Critical Distinction: In-Person vs. Phone

Nevada is one of the few states with a split consent rule. This catches many people off guard:

Scenario Consent Required Legal Without Notice?
Face-to-face conversation One-party Yes (if you’re a party)
Landline phone call All-party No
Cell phone call All-party No
VoIP call (Zoom, etc.) All-party No
Video call with audio All-party No

The Legal Foundation

Nevada’s wiretapping and electronic surveillance laws are found in Chapter 200 (Crimes Against the Person) and Chapter 179 (Interception of Communications) of the Nevada Revised Statutes. The key statutes are:

  • NRS 200.620 – Interception of wire communication prohibited; exceptions
  • NRS 200.650 – Surreptitious intrusion of privacy
  • NRS Chapter 179 – Electronic surveillance for law enforcement

Why the Split Rule Exists

Nevada’s legislature specifically addressed wire communications separately from oral communications, treating phone calls as requiring higher privacy protection. Under NRS 200.620, you cannot intercept or record any wire communication unless all parties have given prior consent.

Recording Phone Calls in Nevada

Can You Record Phone Calls in Nevada?

Only with everyone’s consent. Nevada requires all-party consent for phone recordings. You must inform ALL participants and get their agreement before recording. This applies to:

  • Landline calls
  • Cell phone calls
  • VoIP calls (Zoom, Teams, Google Meet, etc.)
  • Video calls

How to Legally Record Phone Calls

To record phone calls legally in Nevada:

  1. Inform all parties at the start: “I’d like to record this call, is that okay?”
  2. Get verbal consent from everyone on the line
  3. Document the consent on the recording itself
  4. If anyone objects, do not record

Recording Calls Across State Lines

When calling between states, the stricter law typically applies. Since Nevada already requires all-party consent for phone calls, you’re already meeting most other states’ requirements. However:

  • If you’re in Nevada calling a one-party consent state, you still need all-party consent
  • If someone from a one-party state calls you in Nevada, they should get your consent

Business Call Recording

Nevada businesses must inform callers before recording. Common methods:

  1. “This call may be recorded for quality assurance…”
  2. Written consent in service agreements
  3. Posted notice for customer service lines

Emergency lines exception: Law enforcement and firefighting agencies may record emergency line calls if they notify the other party that the conversation is being recorded.

Recording In-Person Conversations

When Is It Legal?

For in-person, oral conversations, Nevada follows the one-party consent rule. You can record when:

  • You’re participating in the conversation
  • You’re in a public place where there’s no reasonable expectation of privacy
  • You have consent from at least one party (which can be yourself)

When Is It Illegal?

It’s illegal to record oral conversations when:

  • You’re not a party to the conversation and don’t have consent
  • You’re eavesdropping on private conversations you’re not part of
  • You’re recording in private spaces without authorization

What About Recording in Your Own Home?

You can record in-person conversations in your own home if you’re participating. However, you cannot:

  • Plant a hidden device and leave to record others without being present
  • Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
  • Record intimate activities without consent

Nevada Video Recording Laws

Public Spaces

Nevada has no general prohibition on video recording in public spaces. You can:

  • Film on public streets, parks, and sidewalks
  • Record public meetings and government proceedings
  • Use dashcams in your vehicle
  • Film public protests or demonstrations

Private Property and Surveillance

Nevada has specific laws under NRS 200.650 about surreptitious invasion of privacy. It’s illegal to:

  • Record someone in a private location without consent
  • Use hidden cameras in bathrooms, changing rooms, or bedrooms
  • Distribute intimate images without consent

Recording in the Workplace

Can Your Employer Record You?

Nevada employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

  • Bathrooms
  • Locker rooms
  • Changing areas

Phone monitoring: If employers record phone calls, they must comply with the all-party consent requirement unless there’s a legitimate business exception.

Can You Record Your Employer?

In-person: Yes, you can record face-to-face conversations with your boss, HR, or coworkers as long as you’re participating.

Phone calls: No, you cannot secretly record phone calls with your employer. You must inform them and get consent.

Caution: Your employer may have policies against recording. While in-person recording is legal under Nevada law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Nevada?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Nevada, you can:

  • Film traffic stops (including your own)
  • Record arrests happening in public
  • Document interactions with police
  • Livestream encounters

Important limitations:

  • Don’t interfere with police operations
  • Don’t trespass to get a better angle
  • Follow lawful orders to step back (within reason)
  • Don’t obstruct the officer’s duties

Recording Government Meetings

Nevada’s Open Meeting Law (NRS Chapter 241) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

  • City council meetings
  • County commission meetings
  • School board meetings
  • State legislative proceedings
  • Public hearings

Specific Situations

Can I Record My Landlord in Nevada?

In-person: Yes, if you’re part of the conversation.

Phone calls: Only if you inform them and get their consent.

Can I Record My Doctor in Nevada?

In-person appointments: Yes, you can record face-to-face medical appointments you attend.

Telehealth calls: You must inform the provider and get consent before recording.

Can I Record DCFS Workers?

In-person: Yes. Division of Child and Family Services workers are government employees, and you can record in-person interactions as long as you’re participating.

Phone calls: You must inform them and get consent.

Can I Record My Ex-Spouse or Co-Parent?

In-person: Yes, during conversations you’re part of. This is common in custody disputes.

Phone calls: You must inform them and get consent before recording.

  • Don’t record your children’s private conversations without being present
  • Don’t use children to secretly record the other parent
  • Consider how recordings may be viewed by family courts

Can I Use a Dashcam in Nevada?

Yes. Dashcams are legal in Nevada. Keep in mind:

  • Mount the camera so it doesn’t obstruct your view
  • Video recording in public is legal
  • Audio recording of conversations inside your car follows one-party consent (you’re a participant)

Using Recordings as Evidence in Nevada

Are Recordings Admissible in Court?

Recordings made legally under Nevada law are generally admissible as evidence. However:

  • Illegal phone recordings are inadmissible and may result in criminal charges against you
  • Courts consider authentication, relevance, and hearsay rules
  • The circumstances of how the recording was made matter

Criminal Cases vs. Civil Cases

  • Criminal cases: Illegally obtained recordings are typically excluded
  • Civil cases: Rules can be more flexible, but illegal recordings may still be excluded

Penalties for Illegal Recording in Nevada

Criminal Penalties

Illegally recording phone calls in Nevada is a Category D felony:

Offense Classification Penalty
Illegal phone recording Category D Felony 1-4 years prison, up to $5,000 fine
Privacy invasion (NRS 200.650) Gross Misdemeanor Up to 364 days jail, up to $2,000 fine

Civil Liability

Victims of illegal recording may sue for:

  • Actual damages or liquidated damages of $100 per day, with minimum of $1,000
  • Punitive damages for willful violations
  • Attorney’s fees and litigation costs

Common Mistakes to Avoid

Don’t Assume Phone Recording is Legal

Many people assume Nevada is a “one-party consent state” without realizing the distinction. The most common violation is secretly recording phone calls.

Remember for Business

If you run a business in Nevada:

  • Always announce when calls are recorded
  • Train employees on proper consent procedures
  • Document consent in your records

How to Properly Obtain Consent

For phone calls (required) or if you want explicit consent for in-person recordings:

  1. Verbal consent on the recording – “Do you mind if I record this call?” (wait for answer)
  2. Written consent – Have them sign a consent form
  3. Recorded announcement – “This call may be recorded…” followed by continued participation
  4. Posted notice – For video surveillance, signs stating recording is in progress

Frequently Asked Questions

Is Nevada a one-party consent state?

Partially. Nevada is one-party consent for in-person conversations only. For phone calls, Nevada requires ALL-PARTY consent – everyone must agree to be recorded.

Is Nevada a two-party consent state?

For phone calls, yes. Nevada requires all parties to consent before recording any phone or wire communication.

Can I record a phone call in Nevada?

Only if you inform all parties and they agree. You cannot secretly record phone calls in Nevada, even your own calls.

Can I record a face-to-face conversation in Nevada?

Yes, if you’re participating in the conversation. One-party consent applies to in-person oral communications.

Can I sue someone for recording my phone call without consent in Nevada?

Yes. Nevada law provides civil remedies including actual damages, liquidated damages ($100/day minimum $1,000), and punitive damages.

Can I record a Zoom call in Nevada?

Only with everyone’s consent. Video conference calls are treated like phone calls under Nevada law and require all-party consent.

What is the penalty for illegally recording a phone call in Nevada?

It’s a Category D felony punishable by 1-4 years in prison and up to $5,000 in fines, plus civil liability.

Can recordings be used in divorce court in Nevada?

Legal recordings can be used. In-person recordings are generally admissible. Phone recordings made without consent are not admissible and may result in criminal charges.

Related Nevada Laws

Sources and Legal References

Source Link
NRS 200.620 – Wire Communication Interception Nevada Public Law
NRS 200.650 – Surreptitious Invasion of Privacy Nevada Public Law
NRS Chapter 179 – Electronic Surveillance Nevada Public Law
Nevada Open Meeting Law NRS Chapter 241
Reporters Committee Recording Guide RCFP

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Nevada’s recording laws are complex due to the split consent requirements. If you have questions about your particular circumstances, consult with a licensed Nevada attorney.

One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States. Note: Nevada is listed here because it allows one-party consent for in-person recordings, but remember that phone calls require all-party consent.

State Summary Key Statute
Alabama One-party consent. Ala. Code § 13A-11-30
Alaska One-party consent. AS 42.20.310
Arizona One-party consent. ARS 13-3005
Arkansas One-party consent. Ark. Code § 5-60-120
Colorado One-party consent. C.R.S. § 18-9-303
District of Columbia One-party consent. D.C. Code § 23-542
Georgia One-party for audio; all-party for video in private places. O.C.G.A. § 16-11-62
Hawaii One-party consent. HRS § 803-42
Idaho One-party consent. Idaho Code § 18-6702
Indiana One-party consent. Ind. Code § 35-33.5-5
Iowa One-party consent. Iowa Code § 808B.2
Kansas One-party consent. K.S.A. 21-6101
Kentucky One-party consent. KRS 526.020
Louisiana One-party consent. La. R.S. 15:1303
Maine One-party consent. 15 M.R.S.A. § 710
Minnesota One-party consent. Minn. Stat. § 626A.02
Mississippi One-party consent. Miss. Code Ann. § 41-29-531
Missouri One-party consent. Mo. Rev. Stat. § 542.402
Nebraska One-party consent. Neb. Rev. Stat. § 86-290
Nevada MIXED: One-party for in-person; ALL-PARTY for phone calls. NRS 200.620
New Jersey One-party consent. N.J. Stat. Ann. § 2A:156A-4
New Mexico One-party consent. N.M. Stat. Ann. § 30-12-1
New York One-party consent. N.Y. Penal Law § 250.00
North Carolina One-party consent. N.C. Gen. Stat. § 15A-287
North Dakota One-party consent. N.D. Cent. Code § 12.1-15-02
Ohio One-party consent. Ohio Rev. Code Ann. § 2933.52
Oklahoma One-party consent. Okla. Stat. tit. 13, § 176.4
Rhode Island One-party consent. R.I. Gen. Laws § 11-35-21
South Carolina One-party consent. S.C. Code Ann. § 17-30-30
South Dakota One-party consent. S.D. Codified Laws § 23A-35A-20
Tennessee One-party consent. Tenn. Code Ann. § 39-13-601
Texas One-party consent. Tex. Penal Code § 16.02
Utah One-party consent. Utah Code Ann. § 77-23a-4
Vermont One-party consent (case law). Case law
Virginia One-party consent. Va. Code Ann. § 19.2-62
West Virginia One-party consent. W. Va. Code § 62-1D-3
Wisconsin One-party consent. Wis. Stat. § 968.31
Wyoming One-party consent. Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

Visit our Two-Party Consent States guide for details.

]]>

Leave a Comment