Utah Recording Law Summary:
Is Utah a One Party Consent State?
Utah recording law stipulates that it is a one-party consent state. In Utah, 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.
You may not record or share conversations that you are not a part of without the consent of at least one party.
However, law does 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. Utah Code Ann. § 77-23a-3.
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.
Utah Video Recording Laws
It is considered privacy violation to:
- Trespass on private property with the intention of subjecting another person to eavesdropping or other surveillance.
- Install or use after unauthorized installation in a private place, any device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in that private place, without the consent of person(s) entitled to privacy in that private place. For example, installing or using a camera in a hotel room is illegal because person(s) staying in such rooms are entitled to privacy for the duration of their stay.
- Install or use outside a private place, any device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events originating from that private place, which would not ordinarily be audible, visible, or comprehensible outside the private place, without the consent of person(s) entitled to privacy in that private place. For example, pointing your security camera at your neighbor’s backyard or living room is illegal he or she is entitled to privacy in these areas.
Utah Code Ann. § 76‐9‐ 402(1)
Note that it is not illegal to perform the above acts while using an unmanned aircraft provided the recording via the unmanned aircraft is solely incidental to the lawful commercial or educational use of the unmanned aircraft. Utah Code Ann. § 76‐9‐ 402(2)
Utah Code Ann. § 77-23a-4: Recording a conversation in violation of Utah law is considered a felony, unless the communication is the radio potion of a cell phone conversation, in which case the infraction is a classified as a misdemeanor.
Utah Code Ann. § 76‐9‐ 402(3): Privacy violation is a Class B misdemeanor punishable by imprisonment not exceeding 6 months, a fine not exceeding $1000, or both or compensatory service.