Idaho Recording Laws

Idaho Recording Law Summary:

Last Updated: January 2025 | Verified against current Idaho Code

Quick Answer

Idaho is a one-party consent state. You can legally record phone calls, in-person conversations, and electronic communications as long as you’re a party to the conversation. If you’re not participating, you need consent from at least one party to record legally.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	Idaho Code § 18-6702
Maximum Fine	$5,000
Maximum Prison Time	5 years (felony)

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Understanding Idaho’s Recording Laws

The Legal Foundation

Idaho’s wiretapping and eavesdropping laws are found in Title 18, Chapter 67 of the Idaho Code. The key statute is:

• Idaho Code § 18-6702 – Interception and disclosure of wire, electronic, or oral communications prohibited

Under this statute, it’s unlawful to willfully intercept, attempt to intercept, or procure any other person to intercept any wire, electronic, or oral communication. However, the law provides an exception when at least one party to the communication consents to the interception.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Idaho, 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 Washington require everyone in the conversation to agree to be recorded.

Recording Phone Calls in Idaho

Can You Record Phone Calls in Idaho?

Yes. Under Idaho Code § 18-6702, 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 Idaho 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

Idaho 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 Idaho 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 trespassing on private property to make the recording
• 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

Idaho Video Recording Laws

Public Spaces

Idaho 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. Idaho also has voyeurism laws under Idaho Code § 18-6609 that prohibit:

• Recording intimate images without consent
• Recording someone in a location where they have a reasonable expectation of privacy
• Distributing intimate images without consent

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?

Idaho 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 Idaho?

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

Idaho’s Open Meeting Law (Idaho Code § 74-201) provides that all meetings of a governing body of a public agency shall be open to the public. Recording of public meetings is generally permitted. You can record:

• City council meetings
• County commission meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in Idaho?

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 Idaho?

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 Idaho?

Yes. Dashcams are legal in Idaho. 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 Idaho

Are Recordings Admissible in Court?

Recordings made legally under Idaho’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 felony charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Idaho

Criminal Penalties (Idaho Code § 18-6702)

Willful interception of wire, electronic, or oral communications is a felony:

Penalty	Maximum
Prison time	Up to 5 years
Fine	Up to $5,000

Civil Liability

Under Idaho Code § 18-6709, victims of illegal recording may sue for:

• Actual damages
• Statutory damages of $100 per day for each day of violation (minimum $1,000)
• Punitive damages
• Attorney’s fees and litigation costs

Frequently Asked Questions

Is Idaho a one-party consent state?

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

Is Idaho a two-party consent state?

No. Idaho 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 Idaho?

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

Can I sue someone for recording me in Idaho?

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 Idaho.

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

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 Idaho?

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

What is the penalty for illegal recording in Idaho?

Illegal recording is a felony in Idaho, punishable by up to 5 years in prison and up to $5,000 in fines, plus potential civil liability.

Can recordings be used in divorce court in Idaho?

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 Idaho have hidden camera laws?

Yes. Idaho Code § 18-6609 prohibits voyeurism and recording intimate images without consent.

Related Idaho Laws

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

Sources and Legal References

Source	Link
Idaho Code § 18-6702 – Interception Prohibited	Idaho Legislature
Idaho Code § 18-6709 – Civil Remedies	Idaho Legislature
Reporters Committee Recording Guide	RCFP

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 Idaho 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.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent for all communication types.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	Kan. Stat. Ann. § 21-6101
Kentucky	One-party consent.	Ky. Rev. Stat. Ann. § 526.020
Louisiana	One-party consent.	La. Rev. Stat. Ann. § 15:1303
Maine	One-party consent.	Me. Rev. Stat. Ann. tit. 15, § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Ann. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.00
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	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.