Arkansas Recording Laws

Arkansas Recording Law Summary:

Last Updated: January 2025 | Verified against current Arkansas Code

Quick Answer

Arkansas is a one-party consent state. You can legally record any conversation you’re part of without telling other participants. In public places where there’s no expectation of privacy, you generally don’t need anyone’s consent at all.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	Ark. Code § 5-60-120
Maximum Fine	$2,500
Maximum Jail Time	1 year (Class A misdemeanor)

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Understanding Arkansas’s Recording Laws

The Legal Foundation

Arkansas’s recording laws are found in Title 5, Subtitle 6, Chapter 60 of the Arkansas Code. The key statute is:

• Ark. Code § 5-60-120 – Interception and recording

Under this statute, it’s unlawful to intercept, record, or possess a recording of wire, landline, oral, telephonic, or wireless communications unless you’re a party to the communication OR one party has given prior consent.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Arkansas, only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like California and Florida require everyone in the conversation to agree to be recorded.

The Public Space Exception

Arkansas law recognizes that recording is allowed in places where there’s no reasonable expectation of privacy. This means you can generally record in public places like streets, parks, and other public venues without any consent requirement.

Recording Phone Calls in Arkansas

Can You Record Phone Calls in Arkansas?

Yes. Under Ark. Code § 5-60-120, you can record any phone call you’re participating in without informing the other party. This applies to:

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

Recording Calls Across State Lines

If you’re in Arkansas calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you’re recording calls with people in other states, either inform them or get all-party consent to be safe.

Business Call Recording

Arkansas businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Arkansas 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 conversations when:

• You’re not a party to the conversation and don’t have consent
• You’re recording in a private place without being present or having consent
• You’re recording with criminal intent

What About Recording in Your Own Home?

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

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

Arkansas Video Recording Laws

Public Spaces

Arkansas 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

On private property, the property owner sets the rules. Arkansas also has voyeurism laws under Ark. Code § 5-16-101 that prohibit:

• Recording someone in a private place without consent
• Recording intimate images without consent
• “Video voyeurism” – secretly recording someone for sexual gratification

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

Arkansas 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

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

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

Recording Police and Government Officials

Can You Record Police Officers in Arkansas?

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

Arkansas’s Freedom of Information Act (FOIA) generally allows recording of public government meetings. You can record:

• City council meetings
• School board meetings
• Quorum court meetings
• Public hearings

Specific Situations

Can I Record My Landlord in Arkansas?

Yes, if you’re part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Arkansas?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record CPS Workers?

Yes. Child Protective Services workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

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

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

• 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 Arkansas?

Yes. Dashcams are legal in Arkansas. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in Arkansas

Are Recordings Admissible in Court?

Recordings made legally under Arkansas’s one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Arkansas

Criminal Penalties (§ 5-60-120)

Illegal interception or recording of communications is a Class A misdemeanor:

Penalty	Maximum
Jail time	Up to 1 year
Fine	Up to $2,500

Civil Liability

Victims of illegal recording may also sue for:

• Invasion of privacy
• Intentional infliction of emotional distress
• Statutory damages under federal wiretapping laws
• Punitive damages in egregious cases

Frequently Asked Questions

Is Arkansas a one-party consent state?

Yes. Arkansas is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants.

Is Arkansas a two-party consent state?

No. Arkansas does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in Arkansas?

Yes. As a participant in the conversation, you can record without telling the other person.

Can I sue someone for recording me in Arkansas?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in Arkansas.

Do I need to tell someone I’m recording in Arkansas?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in Arkansas?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

Can I record in a store or mall in Arkansas?

Generally yes for video in public areas, but private businesses can ask you to stop. Audio recording follows one-party consent rules.

What is the penalty for illegal recording in Arkansas?

Illegal recording is a Class A misdemeanor, punishable by up to 1 year in jail and up to $2,500 in fines.

Can recordings be used in divorce court in Arkansas?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Does Arkansas have hidden camera laws?

Yes. Ark. Code § 5-16-101 prohibits video voyeurism and recording someone in private places without consent.

Related Arkansas Laws

• Arkansas Car Seat Laws
• Arkansas Child Support Laws
• Arkansas Hit and Run Laws
• Arkansas Lemon Law
• Arkansas Sexting Laws
• Arkansas Statute of Limitations
• Arkansas Whistleblower Laws

Sources and Legal References

Source	Link
Ark. Code § 5-60-120 – Interception and Recording	Justia
Arkansas Recording Laws – FindLaw	FindLaw
Arkansas Misdemeanor Penalties	Criminal Defense Lawyer

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed Arkansas attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent. Cannot video record in places with reasonable expectation of privacy.	Ala. Code § 13A-11-30
Alaska	One-party consent. Eavesdropping statute applies only to third-party interceptions.	AS 42.20.310
Arizona	One-party consent. Telephone line owners may record calls on their lines.	ARS 13-3005
Arkansas	One-party consent for private conversations. No consent needed in public places.	Ark. Code § 5-60-120
Colorado	One-party consent. Recording allowed without consent in public places.	C.R.S. § 18-9-303
District of Columbia	One-party consent. Recording allowed without consent where no privacy expectation.	D.C. Code § 23-542
Georgia	One-party consent. Parents may intercept their children’s communications.	Ga. Code Ann. § 16-11-66
Hawaii	One-party consent for wire, oral, and electronic communications.	Haw. Rev. Stat. § 803-42
Idaho	One-party consent for all communication types.	Idaho Code Ann. § 18-6702
Indiana	One-party consent. Applies to wire communications, text messages, and emails.	Ind. Code Ann. § 35-31.5-2-176
Iowa	One-party consent if recording made without criminal intent.	Iowa Code Ann. § 808B.2
Kansas	One-party consent. Hidden camera law forbids recording/disclosure of intercepted images.	Kan. Stat. Ann. § 21-6101
Kentucky	One-party consent. Voyeurism laws forbid illegally obtained images.	Ky. Rev. Stat. Ann. § 526.020
Louisiana	One-party consent. Video voyeurism laws apply.	La. Rev. Stat. Ann. § 15:1303
Maine	One-party consent unless conversation is audible by normal hearing.	Me. Rev. Stat. Ann. tit. 15, § 710
Minnesota	One-party consent if no criminal intent. Hidden camera laws apply.	Minn. Stat. § 626A.02
Mississippi	One-party consent if no criminal intent. Hidden camera laws apply.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent for electronic communications.	Mo. Ann. Stat. § 542.402
Nebraska	One-party consent. Public electronic communications may be recorded.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone communications.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent. Public electronic communications may be recorded.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent for all communications.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent. Recording without consent allowed if party to conversation.	N.Y. Penal Law § 250.00
North Carolina	One-party consent for all communications.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent. Recording allowed with one party’s knowledge.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent for oral and electronic communications.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent. Recording allowed if party to conversation.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent for all communications.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent. Can record conversations you participate in.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent for all communications.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent. Must be party to conversation or have consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent. Can record if party to communication.	Tex. Penal Code § 16.02
Utah	One-party consent for all communications.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent based on case law (no specific statute).	Case law
Virginia	One-party consent. Recording allowed if party to conversation.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent for all communications.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent. Can record if party to conversation.	Wis. Stat. § 968.31
Wyoming	One-party consent for all communications.	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:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.