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Arkansas Recording Laws

Recording laws in Arkansas

Arkansas Recording Law

Arkansas Recording Law Summary:

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

Penalties:

Ark. Code Ann. § 5-4-401 In Arkansas intercepting the contents of any oral or electronic communication without one party consent is a felony which can result in up to one year in prison, or fines of up to $2500.

Ark. Code Ann. § 5-4-401 Violating the states hidden camera law (voyeurism) is a felony that can ran result in up to 6 years in prison.

Ark. Code Ann. § 5-16-101 Posting a video to the internet in violation of Arkansas voyeurism laws is prohibited.

More Arkansas Laws