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Arizona Recording Laws (2026): One-Party Consent Rules

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 34 primary sources cited on this page. How we verify our legal content

Arizona Recording Laws (2026): One-Party Consent Rules

Frequently Asked Questions

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

Arizona is a one-party consent state for audio under ARS § 13-3005 and ARS § 13-3012(9). A party to a conversation, or any person physically present during it, may record without notifying anyone else. For video, ARS § 13-3019 restricts secret recording in private locations during nudity or intimate activity and upskirt-style capture, but Arizona is not a generic all-party state for video.

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

Yes, if you are a party to the call and both parties are in Arizona. Under ARS § 13-3005 and ARS § 13-3012(9), no notice is required. If the other party is in an all-party-consent state such as California, Florida, or Pennsylvania, the conservative approach is to obtain consent before recording.

Is illegal recording a felony in Arizona?

Yes. Unlawful audio interception under ARS § 13-3005 is a Class 5 felony (presumptive 1.5 years). Secretly recording someone in a private place during nudity or intimate activity under ARS § 13-3019 is also a Class 5 felony. Distribution of such a recording where the person is recognizable is a Class 4 felony (presumptive 2.5 years).

What can I sue for if someone illegally recorded me in Arizona?

For audio violations, ARS § 12-731 provides a civil floor of $100 per day of violation or $10,000 minimum, plus actual damages, the violator's profits, punitive damages in appropriate cases, and attorney fees. For video violations under ARS § 13-3019, the civil path is common-law intrusion upon seclusion with a two-year limitations period under ARS § 12-542. ARS § 13-1425 adds criminal and civil exposure where intimate imagery is involved.

Are Ring doorbells and nanny cams legal in Arizona?

Generally yes for outward-facing cameras on your own property (public-facing porches are not private places under ARS § 13-3019). Nanny cams in shared common areas such as a kitchen are also generally outside the statute. Cameras placed in bathrooms, bedrooms, or other private-expectation spaces of guests, tenants, or workers without consent violate ARS § 13-3019. The posted-notice security exemption requires both clearly posted notice and a genuine security purpose.

Can I record my boss or an HR meeting in Arizona?

Yes, as a participant in the conversation. ARS § 13-3005 and ARS § 13-3012(9) authorize recording by any party or person present, regardless of an employer no-recording policy. Whether the employer can discipline you for breaking the policy is a separate question governed by NLRB doctrine under Stericycle, Inc., 372 NLRB No. 113 (2023), which makes blanket no-recording rules presumptively unlawful for NLRA-covered employers.

Can I record police officers in Arizona?

Yes, openly and in public, under First Amendment protection established in Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), and Askins v. U.S. Dep't of Homeland Security, 899 F.3d 1035 (9th Cir. 2018). Arizona's 8-foot buffer law (HB 2319 / ARS § 13-3732) was permanently enjoined by declaratory judgment in Arizona Broadcasters Ass'n v. Mayes (D. Ariz. 2023), which found the law violated the First Amendment as a content-based restriction that failed strict scrutiny. ARS § 13-3732 is unenforceable. Officers may still issue lawful orders to step back a reasonable distance.

What makes Arizona's one-party rule broader than federal law?

ARS § 13-3012(9) extends consent authority to 'a person who is present during the communication,' not just a party. The federal one-party rule under 18 U.S.C. § 2511(2)(d) covers parties only. In Arizona, a non-participant who is physically present and witnessing a conversation may record it without either party's consent.

Updates

Corrected the interstate phone-call section: Oregon does not require all-party consent for phone calls (only for in-person conversations), so it was removed from the list of stricter states and replaced with Connecticut, whose phone-specific civil-liability rule does functionally require all-party consent.

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

Rescoped ARS 16-1023's expedited 2-day track to declaratory relief only; clarified that injunctive relief and damages are a separate remedy with additional proof requirements, not an expedited track available to candidates.

Governing law re-checked for recent changes

Corrected the body-worn camera section: ARS 38-1171 and 38-1172 are unrelated first-responder death-benefit statutes, not body-camera definitions or requirements; Arizona has no single statewide body-cam statute, only ARS 41-1734 governing DPS's own footage.

Corrected the 2026-05-09 changelog entry, which restated the now-fixed false claim that ARS § 38-1171 and § 38-1172 are body-camera statutes; they are unrelated first-responder death-benefit provisions.

Governing law re-checked for recent changes

Competitive gap-check against the #1 organic Google result for the query arizona recording laws (a Phoenix family-law firm blog, bdblawfirm.com) found no genuine content gaps: the competitor page is materially thinner than this article and covers no statute, case, or penalty detail not already here. Its implication that Arizona courts routinely exclude illegally recorded evidence was checked against the full text of ARS § 13-3005 and § 13-3012 and found unsupported (neither statute contains an exclusionary-evidence provision), so it was not added. Independently re-verified core citations against primary sources with no corrections needed: Hart v. Seven Resorts, 190 Ariz. 272 (App. 1997); Godbehere v. Phoenix Newspapers, 162 Ariz. 335 (1989); Linthicum v. Nationwide Life Ins. Co., 150 Ariz. 326 (1986); Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995); Askins v. DHS, 899 F.3d 1035 (9th Cir. 2018); Arizona Broadcasters Ass'n v. Mayes, 2:22-cv-01431-JJT (order July 21, 2023); Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023); and the TAKE IT DOWN Act, Pub. L. 119-12 (May 19, 2025).

Reviewed and approved by an editor

Restructured per recording-redo template spec: added AEO lede, KeyTakeaways, at-a-glance table, and dedicated H2 sections for in-person recording, phone calls, hidden cameras, penalties, police recording, special topics (deepfakes, NCII, workplace NLRB, federal ECPA/FCC, open meetings), recent developments, and in-depth sub-page index. Condensed special-topics material into short subsections while preserving all key statute citations. Refreshed FAQSection to 8 Qs matching template spec. Verified all load-bearing facts against primary azleg.gov sources: ARS § 13-3005, § 13-3012(9), § 13-3019, § 12-731, and § 13-702 sentencing ranges all confirmed accurate. Zero fact corrections from primary-source verification.

Refreshed for 2026 with a bifurcated statute strategy. Built dedicated H2s for ARS § 13-3005 (audio one-party consent) and ARS § 13-3019 (surreptitious photographing and videotaping in a private place), with a side-by-side comparison and a private-place explainer. Reframed HB 2319 / ARS § 13-3732 (the 8-foot police buffer) as permanently enjoined by stipulated injunction and declaratory judgment in Arizona Broadcasters Ass'n v. Mayes, No. 2:22-cv-01431-JJT (D. Ariz. July 21, 2023) (Tuchi, J.), not 'struck down on the merits' or 'ruled unconstitutional by the 9th Circuit.' Added HB 2394 (ARS § 16-1023) civil deepfake action enacted May 21, 2024, and SB 1359 election deepfake disclosure enacted May 29, 2024. Confirmed SB 1078 was not enacted. Replaced erroneous record-the-police references with the 9th Circuit pair: Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), and Askins v. U.S. Dep't of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018). Corrected body-camera citations to ARS § 38-1171 (definitions), § 38-1172 (peace officer body-worn camera, AZ POST consequences, SB 1386 origin), and § 41-1734 (state-agency video disclosure, redaction, and fee). Updated FCC 24-24 (One-to-One Consent Rule) to vacated by 11th Cir. mandate April 30, 2025; removed stale 47 CFR § 64.501 (deleted November 20, 2017). Added NLRB Stericycle / GC 25-05 / GC 25-07 workplace recording overlay and TAKE IT DOWN Act federal compliance (signed May 19, 2025; platform notice-and-takedown effective May 19, 2026). Replaced commercial-codifier URLs with azleg.gov, azcourts.gov, uscode.house.gov, fcc.gov, nlrb.gov, ftc.gov, and clearinghouse.net. Keywords array populated (was empty).

Refreshed for 2026 with a bifurcated statute strategy. Built dedicated H2s for ARS § 13-3005 (audio one-party consent) and ARS § 13-3019 (surreptitious photographing and videotaping in a private place), with a side-by-side comparison and a private-place explainer. Reframed HB 2319 / ARS § 13-3732 (the 8-foot police buffer) as permanently enjoined by stipulated injunction and declaratory judgment in Arizona Broadcasters Ass'n v. Mayes, No. 2:22-cv-01431-JJT (D. Ariz. July 21, 2023) (Tuchi, J.), not 'struck down on the merits' or 'ruled unconstitutional by the 9th Circuit.' Added HB 2394 (ARS § 16-1023) civil deepfake action enacted May 21, 2024, and SB 1359 election deepfake disclosure enacted May 29, 2024. Confirmed SB 1078 was not enacted. Replaced erroneous record-the-police references with the 9th Circuit pair: Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), and Askins v. U.S. Dep't of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018). Corrected body-camera citations to ARS § 41-1734 (state-agency video disclosure, redaction, and fee). Note: a later correction found ARS § 38-1171 and § 38-1172 are unrelated first-responder death-benefit provisions, not body-camera statutes, despite what this entry originally said. Updated FCC 24-24 (One-to-One Consent Rule) to vacated by 11th Cir. mandate April 30, 2025; removed stale 47 CFR § 64.501 (deleted November 20, 2017). Added NLRB Stericycle / GC 25-05 / GC 25-07 workplace recording overlay and TAKE IT DOWN Act federal compliance (signed May 19, 2025; platform notice-and-takedown effective May 19, 2026). Replaced commercial-codifier URLs with azleg.gov, azcourts.gov, uscode.house.gov, fcc.gov, nlrb.gov, ftc.gov, and clearinghouse.net. Keywords array populated (was empty).

Added wearable recording device guidance covering AI voice recorders (Plaud) and smart glasses (Meta Ray-Bans) under Arizona one-party consent law.

Sources and References

  1. ARS 13-3005; ARS 13-3012(9)(azleg.gov).gov
  2. ARS 13-3019(A)(azleg.gov).gov
  3. ARS 13-3005; ARS 13-3019(azleg.gov).gov
  4. ARS 13-3005(azleg.gov).gov
  5. ARS 13-3001(azleg.gov).gov
  6. ARS 13-3012(9)(azleg.gov).gov
  7. ARS 13-3019(A), (B), (E)(azleg.gov).gov
  8. ARS 13-3019(C)(azleg.gov).gov
  9. ARS 12-731(azleg.gov).gov
  10. Hart v. Seven Resorts Inc., 190 Ariz. 272 (App. 1997); Godbehere v. Phoenix Newspapers, 162 Ariz. 335 (1989); Linthicum v. Nationwide Life Ins., 150 Ariz. 326 (1986)
  11. ARS 13-702(azleg.gov).gov
  12. ARS 13-1425(azleg.gov).gov
  13. ARS 13-3019(A); ARS 13-3005(azleg.gov).gov
  14. ARS 13-3005; CA Penal Code 632; FL Stat. 934.03; 720 ILCS 5/14-2; 18 U.S.C. 2511(2)(d)(azleg.gov).gov
  15. ARS 13-3019(A), (C); ARS 13-3005(azleg.gov).gov
  16. FTC v. Ring (2023); 15 U.S.C. 45 (FTC Act 5)(ftc.gov).gov
  17. Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023); ARS 13-3005; ARS 13-3019; Ariz. Const. art. XXV(nlrb.gov).gov
  18. NLRB GC 25-05 (Feb. 14, 2025); NLRB GC 25-07 (June 25, 2025)(nlrb.gov).gov
  19. Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995); Askins v. U.S. Dep't of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018)(ca9.uscourts.gov).gov
  20. Arizona Broadcasters Ass'n v. Mayes, No. 2:22-cv-01431-JJT (D. Ariz. July 21, 2023) (Tuchi, J.)(clearinghouse.net)
  21. ARS 41-1734 - DPS Body-Worn Camera Video Release, Redaction, and Fee Rules(azleg.gov).gov
  22. 18 U.S.C. 2510-2522; 18 U.S.C. 2511(2)(d); DOJ Justice Manual 9-7.302(uscode.house.gov).gov
  23. FCC 24-17 Declaratory Ruling (Feb. 2024); 47 U.S.C. 227(fcc.gov).gov
  24. Insurance Marketing Coalition Ltd. v. FCC, No. 24-10277 (11th Cir. mandate Apr. 30, 2025); 47 C.F.R. 64.1200(f)(9); 47 C.F.R. 64.501 (removed)(media.ca11.uscourts.gov).gov
  25. ARS 16-1023 (HB 2394, 56th Leg., 2nd Reg. Sess., 2024)(azleg.gov).gov
  26. Arizona SB 1359 (56th Leg., 2nd Reg. Sess., 2024); Arizona SB 1078 (failed)(azleg.gov).gov
  27. TAKE IT DOWN Act, S. 146, 119th Cong., Pub. L. 119-12(congress.gov).gov
  28. 47 U.S.C. 1001-1010 (CALEA); 45 C.F.R. Part 164 (HIPAA); 12 C.F.R. 1006.6 (Reg F)(uscode.house.gov).gov
  29. azleg.gov.gov
  30. azleg.gov.gov
  31. azleg.gov.gov
  32. azleg.gov.gov
  33. azleg.gov.gov
  34. azleg.gov.gov
  35. uscode.house.gov.gov
  36. justice.gov.gov
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