Texas recording law stipulates that it is a one-party consent state. In Texas, it is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Texas, you are legally allowed to record a conversation if you are a contributor or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).
You may not record or share conversations that you are not a part of without the consent of at least one party.
However, state and federal laws make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. Texas Code of Criminal Procedure 18.20
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.
Because Texas is a one party consent state it is legal for you to record a conversation that you are taking part in.
When is it a Crime to Record a Conversation in Texas?
Intent: Texas law aims to prevent private conversations from being secretly recorded by third parties. 16.02 has 2 clauses that deal with intent and state quote:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication; (2) intentionally discloses or endeavors to disclose to another person the contents of a wire, oral, or electronic communication if the person knows or has reason to know the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (3) intentionally uses or endeavors to use the contents of a wire, oral, or electronic communication if the person knows or is reckless about whether the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (4) knowingly or intentionally effects a covert entry for the purpose of intercepting wire, oral, or electronic communications without court order or authorization; or (5) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any interception device to intercept any oral communication when the device:
Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.
Privacy:
It must be a confidential conversation with a reasonable expectation of privacy. This allows for some wiggle room in the law as there is a large difference between an intimate restaurant and a public bench in terms of illegal recordings. Note – You must follow the rules if you are on private property.
Consent:
Texas is a one party consent state, so if you take part in the conversation or gain the consent of one of the parties you may legally record the conversation.
Affirmative Defenses for Recording in Texas
Texas law has multiple affirmative defenses for secretly making recordings of private conversations:
A person who works as a switchboard officer for a communication carrier who works with electronic communication intercepts wire communications in the regular course of their work. An example of this in the modern day would be a Verizon employee who hears a call accidentally while doing some testing. Communication carrier employees are also allowed to engage in things like recording telephone calls if they are assisting law enforcement. This law was much more relevant when switchboard operators were common.
A person who is acting under the color of law is allow is allowed to record conversations if they are:
Party to the communication or have been given prior consent by someone in the private conversation.
Acting under the authority of Chapter 18A (The Code of Criminal Procedure).
Intercepting electronic communication from a computer trespasser as long as it does not acquire a communication other than the one between a protected computer and the hackers. They may also legally intercept electronic communication if they have permission from the owner of the protected computer or the person acting for law enforcement is actively engaged in an investigation.
An immediate life-threating situation exsists
Officers of the Federal Communications Commission are allowed to intercept electronic communication in the regular course of duty
The transmission is intentionally public
The transmission is causing harmful interference
You are allowed to record in areas where there is no expectation of privacy.
As Texas is a one party consent state if you are party to the conversation then you are legally within your rights to record it.
Examples of Illegal Recording in Texas
Here are some common situations that would be considered eavesdropping and would be illegal for Texas residents.
Recording conversations between your coworkers in a meeting without their consent if you are not party to the conversation
Intentionally recording your neighbour’s private conversations while in an apartment building
Using a recording device to intentionally eavesdrop on a private conversation in an intimate restaurant
Secretly recording phone calls by intercepting your neighbours wireless phone
Texas Video Recording Laws
It is against the law, with the intention of invading another person’s privacy and without that person’s consent, to:
Photograph, videotape, or by other electronic means record, broadcast, or transmit a visual image of an intimate area of another person if that person has a reasonable expectation that the intimate area is concealed from public view.
Photograph, videotape, or by other electronic means record, broadcast, or transmit a visual image of another person in a bathroom or changing room.
Knowingly promote (distribute, sell, disseminate) a photograph, recording, broadcast, or transmission described by the above paragraphs.
Tex. Penal Code Ann. § 21.15(b)
It is also an offense to disclose visual material depicting another person’s intimate parts or sexual conduct without the depicted person’s consent and with the intention of harming that person. Also illegal is if, during the disclosure, the person responsible for the disclosure knows or has reason to believe that the visual material was obtained or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private. Tex. Penal Code Ann. § 21.16(b)
Example – Disclosing explicit material depicting your ex-partner, without their consent is illegal.
Penalties:
Tex. Penal Code Ann. § 16.02: Recording a conversation in violation of Texas law is considered a felony.
Tex. Penal Code Ann. § 21.15(c); 21.16(g): Violating Texas video recording laws is a state jail felony punishable by imprisonment in state jail for 180 days to 2 years and a fine not exceeding $10,000.
Can I Record a Phone Call in Texas?
Yes! Since Texas is a one-party consent state, wiretapping laws allow you to record conversations that you are a part of. One thing to note is that if you are recording a conversation with someone from an all-party consent state that the laws will typically apply in the state where the recording is being made. However, it is best practice to follow the strictest laws that would apply for recording (especially for businesses).
Is Texas a two-party consent state?
No, Texas is a one-party consent state.
Can I Record a Police Officer in Texas?
Yes! You can record police officers in the line of duty in all states as long as you are not trespassing or breaking any laws yourself.
According to Ala. Code § 13A-11-30 you are not allowed to video record people in “A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access”.
Alaska's highest court has specifically held that the eavesdropping statute is only in place to address 3rd party interceptions. They do have specific protections in place for nude photo and film.
Alaska Stat. Ann. § 42.20.330, § 42.20.310,§ 11.61.123
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. One major caveat is that the owner of the telephone line may record phone calls without taking part of them (such as a business owner).
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.
In Colorado 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.
In D.C. 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.
In Georgia it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Georgia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ga. Code Ann. § 16-11-66(a). Georgia does have a caveat which allows for parents to legally intercept the communications of their children.
Ga. Code Ann. § 16-11-66, Ga. Code Ann. § 16-11-62
Hawaii recording law stipulates that it is a one-party consent state. In Hawaii, it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Hawaii, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Haw. Rev. Stat. § 803-42.
Idaho recording law stipulates that it is a one-party consent state. In Idaho, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Idaho, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Idaho Code Ann. § 18-6702.
Idaho Code Ann. § 18-6702.
Federal
Federal law dictates that when no other law applies that it is a one party consent region. State laws will supercede this, so make sure to check your local state laws.
Electronic Communications Privacy Act of 1986 (ECPA) & 18 U.S. Code § 2511
One-Party Consent States (Continued) – Indiana – Mississippi
In Indiana, it is a criminal offense to use any device to intercept communications, whether wire or electronic, without the consent of at least one person taking part in the communication. Ind. Code Ann. § 35-31.5-2-176. This applies to text messages and e-mails as well. Ind. Code Ann. § 35-31.5-2-110.
Ind. Code Ann. § 35-31.5-2-110, Ind. Code Ann. § 35-31.5-2-176.
In Iowa, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, as long as the recording is made without any criminal intent. Iowa Code Ann. § 808B.2. This means that in Iowa, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Iowa Code Ann. § 727.8.
In Kansas, it is a criminal offense to use any device to record, listen to or amplify communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kansas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Kan. Stat. Ann. § 21-6101(4). This state also has a hidden camera law which forbids the recording and disclosure of intercepted images. Kan. Stat. Ann. § 21-6101(6).
It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kentucky, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ky. Rev. Stat. Ann. § 526.020. This state’s voyeurism laws also forbids the recording or disclosure of illegally obtained images. Ky. Rev. Stat. Ann. § 531.090.
Ky. Rev. Stat. Ann. § 526.020 ,Ky. Rev. Stat. Ann. § 526.010. , Ky. Rev. Stat. Ann. § 531.090
It is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Louisiana, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. La. Rev. Stat. Ann. § 15:1303. This state also forbids the recording or sharing obtained illegally under its video voyeurism laws. La. Rev. Stat. Ann. § 14:283.
La. Rev. Stat. Ann. § 15:1303. - Electric Surveillance Act, La. Rev. Stat. Ann. § 14:283.
It is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, unless the conversation is audible by normal, unaided hearing. This means that in Maine, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Me. Rev. Stat. Ann. tit. 15, § 710.
This state’s privacy laws also forbid the recording or sharing of images obtained illegally. Me. Rev. Stat. Ann. tit. 17-A, §511.
Me. Rev. Stat. Ann. tit. 15, § 710 , Me. Rev. Stat. Ann. tit. 17-A, §511
It is a criminal offense to use any device to record, obtain, use or share communications, whether they're wire, oral or electronic, without the consent of all contributing parties. This means that in Michigan you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Mich. Comp. Laws § 750.539c . *The Michigan Court of appeals has precedent interpreting the wiretapping statue as only applying to a third party interception of a conversation. In Michigan if you are taking part in a conversation, you are allowed to record the conversation. This is due to an interpretation of the word eavesdrop by the Michigan Court of Appeals, so while the law is written as an 'All Party Consent' law, the interpretation of it in Michigan is that the term 'eavesdrop' only applies to outside third parties listening in.
It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Minnesota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intent. Minn. Stat. § 626A.02.
This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Minn. Stat. § 609.746. Minn. Stat. § 626A.02 , Minn. Stat. § 609.746.
It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Mississippi, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Miss. Code Ann. § 41-29-531(e).
This state’s hidden camera law forbids the recording or sharing of illegally obtained images. Miss. Code Ann. § 97-29-63.
Miss. Code Ann. § 41-29-531, Miss. Code Ann. § 97-29-63
One-Party Consent States (Continued) – Missouri – Oklahoma
It is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party. t is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party.
This state does stipulate that electronic communications can be lawfully recorded or shared with the consent of at least one party, barring any criminal intentions. This applies to conversations where all contributing parties are using a cell phone, including text messages sent between cell phones. However, a Missouri appellate court determined that a conversation taking place where one party is using a cell phone and the other is using a regular wire phone is indeed protected under the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).
Mo. Ann. Stat. § 542.402(2)(3), Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Nebraska, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Neb. Rev. Stat. § 86-290 (2011).
It is a criminal offense to use any device to record, obtain, share or use oral conversations without the consent of at least one person taking part in the communication. However, the recording or sharing of wire conversations require the consent of all involved parties. This means that in Nevada, you are legally allowed to record an oral conversation if you are a contributor, or with prior consent from one of the involved parties, but you need the consent of everyone involved to record wire communications. Wired communication refers to the transmission of data, so even if it's a wireless device such as a cellphone it is still considered to be wired communication. Examples of wired communications are cell phones, land lines, zoom calls, and VOIP.
Nev. Rev. Stat. §§ 200.620, 200.650 (2011), Lane V. Allstate
It is a criminal offense to use any device to record or share communications, whether they are oral or electronic, without the consent of at least one person taking part in the communication. This means that in New Jersey, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. N.J. Stat. Ann. § 2A:156A-4 (West 2012).
N.J. Stat. Ann. § 2A:156A-4 (West 2012), N.J. Stat. Ann. § 2A:156A-2
It is a criminal offense to use any device to record, obtain, share or use wire communications without the consent of at least one person taking part in the conversation. This means that in New Mexico, you are legally allowed to record a wire conversation if you are a contributor, or with prior consent from one of the involved parties. This state does not require consent to record oral communication. N.M. Stat. Ann. § 30-12-1 (West 2012). New Mexico law states that journalists do not require consent to record electronic communications. This applies to conversations where all contributing parties are using a cell phone or other wireless devices, including text messages sent between cell phones. N.M. Stat. Ann. § 30-12-1.
It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in New York, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012).
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Carolina, you are legally allowed to record a conversation with prior consent from one of the involved parties. N.C. Gen. Stat. Ann. § 15A-287 (West 2012).
A North Carolina appellate court determined that implied consent to a recording is established once a party is told they are being recorded and remains a part of the conversation regardless. North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).
N.C. Gen. Stat. Ann. § 15A-287, North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. N.D. Cent. Code § 12.1-15-02 (2011).
However, while the consent of one party is required to record a telephone conversation, this only applies to conversations that take place entirely or partially through “wire, cable, or other like connection between the point of origin and the point of reception”. Therefore, conversations where all parties are using a cell phone, as well as messages exchanged between cell phones, can be lawfully intercepted. N.D. Cent. Code § 12.1-15-04.
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Ohio, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Ohio Rev. Code Ann. § 2933.52 (West 2012).
Ohio Rev. Code Ann. § 2933.52 (West 2012), Ohio Rev. Code Ann. § 2933.51.
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Oklahoma, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Okla. Stat. Ann. tit. 13, § 176.4 (West 2012).
Okla. Stat. Ann. tit. 13, § 176.4 (West 2012), Okla. Stat. Ann. tit. 13, § 176.4 , Okla. Stat. Ann. tit. 21, § 1202.
One-Party Consent States Continued – Rhode Island – Wyoming
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Rhode Island, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to share the details of a conversation that has become widely circulated or available to the public. R.I. Gen. Laws § 11-35-21 (2012).
R.I. Gen. Laws § 11-35-21 (2012), R.I. Gen. Laws § 12-5.1-1
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Carolina, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. S.C. Code Ann. § 17-30-30 (2011).
S.C. Code Ann. § 17-30-30 (2011), S.C. Code Ann. § 17-30-15
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. S.D. Codified Laws § 23A-35A-20 (2012).
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Tennessee, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tenn. Code Ann. § 39-13-601 (West 2012).
Tenn. Code Ann. § 39-13-601 & Tenn. Code Ann. § 39-13-604 & Tenn. Code Ann. § 40-6-303 (West 2012)
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Texas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).
Tex. Penal Code Ann. § 16.02 (Vernon 2011) & Tex. Code Crim. Proc. Ann. art. 18.20
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Utah, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications easily available to the public.
Utah Code Ann. § 77-23a-3 & Utah Code Ann. § 77-23a-4
Vermont law does not contain any provisions regarding the legality of recording or sharing any kind of audio-based conversations. This means that Vermont is considered a one-party consent state. However, the state Supreme Court has determined that it is a criminal offense to covertly and electronically monitor communications occurring in an person’s home. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002). A state high court upheld that an individual should not be under the expectation of privacy in a hospital’s emergency treatment section as any number of different people are frequently coming and going. Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005). It is also considered lawful to record a conversation taking place in a parking lot for the same reason. Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).
Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002) & Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005) & Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).
In Virginia, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Va. Code Ann. § 19.2-62 (West 2012).
Va. Code Ann. § 19.2-61 & Va. Code Ann. § 19.2-62 (West 2012).
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in West Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. W. Va. Code § 62-1D-3 (2012).
In Wisconsin, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wisconsin, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wis. Stat. Ann. § 968.31 (West 2011). Evidence that is obtained by recording communication is 'totally' inadmissable in civil court cases. Regardless of who took the recording, the only way a recording can be admissable in a civil case is with the consent of the person recorded.
Wis. Stat. Ann. § 968.27 (West 2011) & Wis. Stat. Ann. § 968.31 (West 2011) & Wis. Stat. Ann. § 885.365(1
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wyoming, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wyo. Stat. Ann. § 7-3-702 (2012).
Wyo. Stat. Ann. § 7-3-702
If you’re interested in privacy, check out our blog post on using VPNs, one of the best ways to protect your privacy online.
