Alaska Recording Law Summary:
Is Alaska a One Party Consent State?
Alaska recording law stipulates that it is a one party consent state. In Alaska it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication.
This means that in Alaska, you are legally allowed to record a conversation you take part in. Alaska does have one unique law that is different from most one party consent states in that any film or photograph that involves nudity can not be shared without consent. Alaska Stat. Ann. § 11.61.123. Doing so is considered indecent viewing of photography.
Alaska state law is only intended to prohibit third party conversations, so if you are partaking in the conversation you are well within your rights to record it. Alaska Stat. Ann. § 42.20.310
You may not record conversations that you are not a part of without the consent of at least one party.
If you are a third party and require consent from the parties taking part in the conversation the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
- Getting verbal or written consent prior to the recording being made
- A verbal notification being played before the conversation begins (For example: “This phone call is being recorded for quality control purposes…”)
- An audible beep tone being repeated at steady intervals during the duration of the conversation
Alaska Video Recording Laws
Alaska Stat. Ann. § 11.61.123 Alaska only prohibits the filming or photographing of a person’s intimate parts without the consent of the person who is being filmed or photographed. However, exceptions to this law apply if:
- The filming or photography was done as a security surveillance system.
- Notice of the filming or photography was posted.
- Viewing or use of pictures produced was done only in the interest of crime prevention or prosecution.
Alaska Stat. Ann. § 42.20.330 In Alaska unlawful recording is a misdemeanor with a maximum penalty of one year in jail. Additionally penalties of up to $10 000 may be given out.
Alaska Stat. Ann. § 11.61.123 The crime of viewing indecent (nude or partially nude photos/video) is considered a misdemeanor, and a felony if the victim is a minor.
More Alaska Laws