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Oregon Recording Laws (2026): Hybrid One-Party and All-Party Rules

Oregon Recording Laws (2026): Hybrid One-Party and All-Party Rules

Frequently Asked Questions

Is Oregon a one-party or two-party consent state?

Oregon uses a hybrid rule. Telephone and electronic communications are one-party consent under ORS 165.540(1)(a): if you participate in the call, your own consent is enough. In-person oral conversations require all-party notice under ORS 165.540(1)(c): every participant must be specifically informed before recording begins. Oregon is not a standard two-party consent state, nor a standard one-party state.

Can I record a phone call in Oregon without telling the other person?

Yes. Oregon is one-party consent for telephone calls under ORS 165.540(1)(a). As long as you are a participant, you can record without notifying the other party. If you are calling someone in a stricter state such as California or Washington, follow that state's all-party rules instead.

Do I need permission to record an in-person conversation in Oregon?

You must give specific notice. Under ORS 165.540(1)(c), every participant must be told that recording is occurring before you start. The statute requires that participants be 'specifically informed,' not that they consent in writing. This applies in public and private settings. Exceptions include recordings at certain public events with an unconcealed device, recordings during a felony that endangers human life, and law enforcement officer recordings under ORS 165.540(5)(b).

What did the Project Veritas v. Schmidt rulings decide?

In July 2023 a three-judge Ninth Circuit panel struck down ORS 165.540(1)(c) as an unconstitutional content-based restriction. On January 7, 2025, the full Ninth Circuit sitting en banc reversed that decision 10-2, holding the statute is content-neutral and passes intermediate scrutiny. On October 6, 2025, the U.S. Supreme Court denied certiorari. Oregon's all-party notice requirement for in-person conversations is constitutionally settled.

What is the penalty for illegal recording in Oregon?

Violating ORS 165.540 is a Class A misdemeanor: up to 364 days in jail and a fine of up to $6,250. Civil plaintiffs may sue under ORS 133.739 for actual damages (minimum $100 per day or $1,000, whichever is greater), punitive damages, and attorney fees. Illegally obtained recordings are also inadmissible in Oregon courts under ORS 41.910.

Are Ring doorbells and nanny cams legal in Oregon?

Silent video cameras on your own property are generally lawful. Once a camera captures audio, ORS 165.540 applies. An outdoor camera recording passers-by without notice may violate the all-party notice rule if it captures in-person conversations. Cameras placed in bathrooms, dressing rooms, or other private spaces that capture intimate areas without consent violate ORS 163.700. Recording a person in a state of nudity without consent is a Class C felony under ORS 163.701, as is committing the second-degree offense with a prior conviction for a related offense.

Can I record my boss or coworkers in Oregon?

You can record a phone call with a coworker or boss without telling them, because Oregon is one-party consent for telephone communications. You cannot secretly record an in-person workplace meeting: all participants must be notified before recording begins. Under NLRB Stericycle (372 NLRB No. 113, 2023), employer blanket no-recording policies that chill NLRA-protected activity such as wage discussions or union organizing are presumptively unlawful.

Can I record the police in Oregon?

Yes. ORS 165.540(5)(b) expressly permits recording a law enforcement officer who is a participant in a conversation when the recording is made openly and in plain view, the conversation is audible by normal hearing, and you are in a lawful location. The First Amendment also independently protects the right to record police performing public duties. You must not physically interfere with police activity while recording.

Updates

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Corrected the Federal Overlay section: 47 CFR 64.501's telephone-recording notice rule was removed by the FCC effective November 20, 2017 (confirmed the section no longer exists in the current CFR) and is no longer current law; removed the stale Sources entry citing it as a live FCC rule.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Restructured for readability: condensed to short paragraphs organized by medium and topic, added at-a-glance table, moved constitutional history and special-contexts material into dedicated subsections. Corrected the video-conferencing exception: ORS 165.540(6)(b) is a narrow purpose-specific carve-out (alleged unlawful activity plus law enforcement/attorney/regulatory coordination or evidentiary intent), not a general platform exemption for all Zoom or Teams calls. Confirmed subsection numbering: (1)(a) one-party phone rule, (1)(c) all-party notice for in-person, (5)(b) law enforcement recording, (6)(a) unconcealed device, (6)(b) video-conferencing/unlawful-activity exception, (9) Class A misdemeanor penalty. Added in-depth subpage index. Refreshed FAQ to 8 questions. All primary-source citations retained.

Refresh (audit-and-evolve): Title rewritten from 'Oregon Recording Laws: Consent Rules and Penalties' to 'Oregon Recording Laws: Hybrid Consent, SCOTUS Final, Penalties'; meta description rewritten to lead with hybrid framing and SCOTUS finality. Hybrid rule framing (phone one-party / in-person all-party) front-loaded in intro, summary table, and FAQ. Project Veritas v. Schmidt three-milestone timeline (July 2023 panel, Jan. 7 2025 en banc 10-2, Oct. 6 2025 SCOTUS cert denied) preserved from existing article and promoted to standalone H2 with Oregon DOJ quote added. Open constitutional question on 2021 video-conferencing extension flagged. SB 1121 / Or Laws 2025 ch. 417 sidebar added as adjacent disclosure crime (not an ORS 165.540 amendment). Federal Law Overlay H2 added: 18 U.S.C. 2511, 47 CFR 64.501 (businesses/carriers scope qualified), FCC DA 24-17 AI-voice rule, FCC One-to-One Consent Rule vacatur (Jan. 24 2025; formally eliminated Sept. 2025). Special Contexts H2 added: workplace (NLRB Stericycle 372 NLRB No. 113), collective bargaining (NLRB GC Memo 25-07), healthcare (HIPAA 45 CFR Parts 160/164), education (FERPA 20 U.S.C. 1232g), debt collection (CFPB Reg F). Topic Index H2 added with links to all 12 OR subtopic spokes. Citations expanded from 11 to 17 (added SB 1121, GC Memo 25-07, Stericycle, 47 CFR 64.501, HIPAA). Subsection numbering warnings preserved per dossier critic flags err-02 and err-03 -- no unverified subsection numbers cited.

Refresh (audit-and-evolve): Title rewritten from 'Oregon Recording Laws: Consent Rules and Penalties' to 'Oregon Recording Laws: Hybrid Consent, SCOTUS Final, Penalties'; meta description rewritten to lead with hybrid framing and SCOTUS finality. Hybrid rule framing (phone one-party / in-person all-party) front-loaded in intro, summary table, and FAQ. Project Veritas v. Schmidt three-milestone timeline (July 2023 panel, Jan. 7 2025 en banc 10-2, Oct. 6 2025 SCOTUS cert denied) preserved from existing article and promoted to standalone H2 with Oregon DOJ quote added. Open constitutional question on 2021 video-conferencing extension flagged. SB 1121 / Or Laws 2025 ch. 417 sidebar added as adjacent disclosure crime (not an ORS 165.540 amendment). Federal Law Overlay H2 added: 18 U.S.C. 2511, 47 CFR 64.501 (businesses/carriers scope qualified), FCC DA 24-17 AI-voice rule, FCC One-to-One Consent Rule vacatur (Jan. 24 2025; formally eliminated Sept. 2025). Special Contexts H2 added: workplace (NLRB Stericycle 372 NLRB No. 113), collective bargaining (NLRB GC Memo 25-07), healthcare (HIPAA 45 CFR Parts 160/164), education (FERPA 20 U.S.C. 1232g), debt collection (CFPB Reg F). Topic Index H2 added with links to all 12 OR subtopic spokes. Citations expanded from 11 to 17 (added SB 1121, GC Memo 25-07, Stericycle, 47 CFR 64.501, HIPAA). Subsection numbering warnings preserved per dossier critic flags err-02 and err-03: no unverified subsection numbers cited.

Added wearable recording devices section and 2 FAQs

The Law Behind This Article

This article rests on 5 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.

United States Code Title 18

§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 397 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…

Official text (excerpt) · as of 2026-08-12 · Read the full section at uscode.house.gov

Cited in 2,045 court opinions1960s: 51970s: 2581980s: 2991990s: 3792000s: 4272010s: 2972020s: 380Most recently applied by a court: 2026

Leading cases: Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511) · United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297) · Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: US Recording Laws by State (2026): All 50 States Explained, Alabama Audio Recording Laws: Consent Rules and Penalties, Alabama Dashcam Laws: Legality, Mounting Rules, and Evidence Use

Oregon Revised Statutes, Chapter 161: General Provisions

§ 161.615Maximum terms of imprisonment for misdemeanorsIn forcecited in 5 of our articles
Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations: (1) For a Class A misdemeanor, 364 days. (2) For a Class B misdemeanor, 6 months. (3) For a Class C misdemeanor, 30 days. (4) For an unclassified misdemeanor, as provided in the statute defining the crime.

Official text (excerpt) · as of 2026-07-29 · Read the full section at oregonlegislature.gov

Cited in 77 court opinions1970s: 51980s: 191990s: 202000s: 102010s: 122020s: 11Most recently applied by a court: 2025

Leading cases: City of Portland v. Dollarhide (Oregon Supreme Court 1986, 300 Or. 490) · MacCrone v. Edwards Center, Inc. (Court of Appeals of Oregon 1999, 160 Or. App. 91) · State v. Wright (Court of Appeals of Oregon 1983, 63 Or. App. 482)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Oregon Audio Recording Laws: Split Consent Rules for Conversations and Calls, Oregon Phone Call Recording Laws: Split Consent Rules and Penalties, Oregon AI Meeting Recording Laws: Split Consent and Video Conferencing Exception (2026)

Oregon Revised Statutes, Chapter 163: Offenses Against Persons

§ 163.700Invasion of personal privacy in the second degreeIn forcecited in 11 of our articles
(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the second degree if: (a)(A) For the purpose of arousing or gratifying the sexual desire of the person, the person is in a location to observe another person in a state of nudity without the consent of the other person; and (B) The other person is in a place and circumstances where the person has a reasonable expectation of personal privacy; or (b)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the other person; and (B) The person being recorded has a reasonable expectation of privacy concerning the intimate area. (2) As used in this section and ORS 163.701: (a) “Intimate area” means nudity, or undergarments that are being worn by a person and are covered by clothing.

Official text (excerpt) · as of 2026-07-29 · Read the full section at oregonlegislature.gov

Cited in 16 court opinions2000s: 62010s: 62020s: 4Most recently applied by a court: 2023

Leading cases: State v. Parra-Sanchez (Court of Appeals of Oregon 2023, 324 Or. App. 712) · State v. Rodriguez-Ganegar (Court of Appeals of Oregon 2003, 186 Or. App. 530) · State v. Mayes (Court of Appeals of Oregon 2008, 220 Or. App. 385)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Oregon Landlord-Tenant Recording Laws: Surveillance, Privacy, and Consent, Oregon Medical Recording Laws: Patient Rights, HIPAA, and Consent, Oregon School Recording Laws: Student, Parent, and Teacher Rights

§ 163.701Invasion of personal privacy in the first degreeIn forcecited in 6 of our articles
(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the first degree if: (a)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without the consent of the other person; and (B) At the time the visual recording is made or recorded the person being recorded is in a place and circumstances where the person has a reasonable expectation of personal privacy; or (b) The person violates ORS 163.700 and, at the time of the offense, has a prior conviction for: (A) Invasion of personal privacy in any degree, public indecency, private indecency or a sex crime as defined in ORS 163A.005; or (B) The statutory counterpart of an offense described in subparagraph (A) of this paragraph in another jurisdiction. (2)(a) Invasion of personal privacy in the first degree is a Class C felony. (b) The Oregon Criminal Justice Commission shall classify invasion of personal privacy in the first degree as crime category 6 of the sentencing guidelines grid of the commission.

Official text (excerpt) · as of 2026-07-29 · Read the full section at oregonlegislature.gov

Cited in 6 court opinions2010s: 12020s: 5Most recently applied by a court: 2023

Leading cases: State v. Parra-Sanchez (Court of Appeals of Oregon 2023, 324 Or. App. 712) · State v. McQueen (Court of Appeals of Oregon 2020, 307 Or. App. 540) · State v. Murphy (Court of Appeals of Oregon 2022, 319 Or. App. 330)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Oregon Security Camera Laws: Installation, Audio, and Privacy Rules, Oregon Video Recording Laws: Surveillance, Privacy, and Consent Rules, Oregon Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections

Oregon Revised Statutes, Chapter 165: Offenses Involving Fraud or Deception

§ 165.540Obtaining contents of communicationsIn forcecited in 18 of our articles
(1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (8) of this section, a person may not: (a) Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant. (b) Tamper with the wires, connections, boxes, fuses, circuits, lines or any other equipment or facilities of a telecommunication or radio communication company over which messages are transmitted, with the intent to obtain unlawfully the contents of a telecommunication or radio communication to which the person is not a participant. (c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained.

Official text (excerpt) · as of 2026-07-29 · Read the full section at oregonlegislature.gov

Cited in 76 court opinions1960s: 11970s: 61980s: 181990s: 172000s: 112010s: 112020s: 12Most recently applied by a court: 2026

Leading cases: State v. Klein (Oregon Supreme Court 2012, 352 Or. 302) · North Pacific Lumber Co. v. Oliver (Oregon Supreme Court 1979, 286 Or. 639) · State v. Fleetwood (Oregon Supreme Court 2000, 331 Or. 511)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Oregon Dashcam Laws: Mounting, Recording, and Legal Use, Oregon Laws on Recording Police: Your Rights and Legal Limits, Oregon Laws on Recording in Public: Rights, Consent, and Limits

Search our full record of US law — 2.1 million sections, every state + federal

Sources and References

  1. ORS 165.540 -- Obtaining contents of communications(oregonlegislature.gov).gov
  2. ORS 165.540 -- Oregon Public Law (statutory aggregator)(oregon.public.law)
  3. ORS 133.739 -- Civil damages for willful interception(oregon.public.law)
  4. ORS 161.615 -- Maximum terms of imprisonment for misdemeanors(oregon.public.law)
  5. ORS 161.635 -- Fines for misdemeanors(oregon.public.law)
  6. ORS 163.700 -- Invasion of personal privacy in the second degree(oregon.public.law)
  7. ORS 163.701 -- Invasion of personal privacy in the first degree(oregon.public.law)
  8. ORS 41.910 -- Certain intercepted communications inadmissible(oregon.public.law)
  9. 18 U.S.C. 2511 -- Federal Wiretap Act(law.cornell.edu)
  10. Project Veritas v. Schmidt, No. 22-35271 (9th Cir. Jan. 7, 2025) (en banc)(cdn.ca9.uscourts.gov).gov
  11. U.S. Supreme Court turns down Project Veritas case -- Oregon Capital Chronicle (Oct. 6, 2025)(oregoncapitalchronicle.com)
  12. Ninth Circuit Upholds Oregon Conversational Privacy Statute -- Barran Liebman LLP (Jan. 2025)(barran.com)
  13. SB 1121 (83rd Oregon Legislative Assembly, 2025) -- Or Laws 2025, ch. 417(olis.oregonlegislature.gov).gov
  14. NLRB GC Memo 25-07 -- Surreptitious Recording of Collective-Bargaining Sessions (June 25, 2025)(nlrb.gov).gov
  15. Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023) -- NLRB New Standard for Workplace Rules(nlrb.gov).gov
  16. HIPAA Privacy and Security Rules -- HHS OCR (45 CFR Parts 160, 164)(hhs.gov).gov
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