Arkansas Recording Laws

Recording laws in Arkansas

Arkansas Recording Law

Arkansas Recording Law Summary:

Is Arkansas a One Party Consent State?

Ark. Code Ann. § 5-60-120

Arkansas recording law stipulates that it is a one party consent state.  In Arkansas 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 Arkansas, you are legally allowed to record a conversation you take part in.

Recording Personal Conversations in Arkansas:

You may not record conversations that you are not a part of without the consent of at least one party.

Ark. Code Ann. § 5-60-120 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

Arkansas Video Recording Laws

Ark. Code Ann. § 5-16-101(a) It is against the law to videotape or use any imaging device to secretly view a person if the person is in a private area and out of public view, has a reasonable expectation of privacy and has not consented to the observation. For example, you are not allowed to point your security camera at your neighbor’s backyard because that is his or her private area and a place where there is reasonable expectation of privacy.

Ark. Code Ann. § 5-16-101(b) The law also prohibits the use of unmanned vehicle or aircraft, motion picture camera or other equipment that is hidden in order to record a person in a surreptitious manner without the consent or knowledge of the person being recorded, under circumstances in which the person concerned has a reasonable expectation of privacy or for the purposes of viewing the private body parts of the person being recorded.

Penalties:

Ark. Code Ann. § 5-4-401 In Arkansas intercepting the contents of any oral or electronic communication without one party consent is a Class A misdemeanor which carries a sentence not exceeding 1 year.

Ark. Code Ann. § 5-16-101(c)(1)(A) Violating the states hidden camera law (voyeurism) under section § 5-16-101(a) for a first or second offense is a Class D felony that can ran result in up to 6 years in prison.

Ark. Code Ann. § 5-16-101(c)(1)(B) Violating the states hidden camera law (voyeurism) under section § 5-16-101(a) for a third or subsequent offense is considered a Class C felony which carries a sentence of 3 to 10 years.

Ark. Code Ann. § 5-16-101(c)(2)(A) Violating the states hidden camera law (voyeurism) under section § 5-16-101(b) is considered a Class B misdemeanor which carries a sentence not exceeding 90 days.

Ark. Code Ann. § 5-16-101(c)(2)(B) Posting a video to the internet in violation of Arkansas voyeurism laws and distributing video recordings or film obtained through illegal surveillance are considered Class B misdemeanors. Also, violating section § 5-16-101(b) for a second time is considered a Class B misdemeanor which carries a sentence not exceeding 90 days.

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