Arizona Recording Law Summary:
Is Arizona a One Party Consent State?
Ariz. Rev. Stat. Ann. § 13-3001
Arizona recording law stipulates that it is a one party consent state. In Arizona 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. Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park.
This means that in Arizona, you are legally allowed to record a conversation you take part in.
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Recording Personal Conversations in Arizona:
You may not record conversations that you are not a part of without the consent of at least one party OR if you are the owner of the telephone line (‘Subscriber’). If you pay for the phone line it is implied that you have the consent of at least one party.
Ariz. Rev. Stat. Ann. § 13-3001 Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park.
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.
Arizona Video Recording Laws
It is against the law for anyone to photograph, film or video tape or in any way secretly view another person without the consent of the person concerned while the person is in a place where he or she has a reasonable expectation of privacy. Such places include bathrooms, locker rooms, bedrooms and rest rooms. For example, if you own a fashion shop, you are not allowed to photograph, film or video tape a customer when he or she is in the changing room or restroom. The law also prohibits surveillance in a manner that records a person’s intimate parts without the consent of the person being recorded.
Arizona allows anyone to photograph, film or video tape if:
- It is done for security purposes and notice of the filming or photography is clearly posted if the location is a place where there is a reasonable expectation of privacy.
- The recording is done as part of an investigation by law enforcement.
- The recording is done by correctional officials for security reasons or for investigation into an alleged misconduct.
Rev. Stat. Ann. § 13-3005 In Arizona intercepting the contents of any oral or electronic communication without one party consent is a felony. This can result in penalties of between 6 months and 10 years.
Ariz. Rev. Stat. Ann. § 13-3019(D) Surveilling (e.g., filming) an individual who is in a location where he or she has a reasonable expectation of privacy and spreading recordings that were acquired through unlawful surveillance are considered Class 5 felonies which carry a maximum sentence of 2 years.
Ariz. Rev. Stat. Ann. § 13-3019(E) Committing the crimes mentioned in Ariz. Rev. Stat. Ann. § 13-3019(D) without the use of a device is considered a class 6 felony which carries a maximum sentence of 1.5 years. A second or subsequent offense under this section is considered a Class 5 felony which carries a maximum sentence of 2 years.
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