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Utah Recording Laws (2026): One-Party Consent Rules

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 35 primary sources cited on this page. How we verify our legal content

Utah Recording Laws (2026): One-Party Consent Rules

Updates

Corrected the description of Irizarry v. Yehia to the conduct the Tenth Circuit actually addressed (blocking the filming, a flashlight in the lens, and driving a police car at the person filming), removing a claim about phone seizure and footage deletion the opinion does not make.

Corrected the hidden-camera section: Utah's voyeurism statute (76-12-307) only reaches recordings made to view a part of the body the person expects to keep private, the general hidden-device statute (76-12-302, a class B misdemeanor with a private right of action) was added as the on-point law, and the 77-23a-11 civil damages are now described as discretionary rather than a guaranteed $10,000 floor.

Corrected an orphaned citation (an unrelated Consumer Privacy Act link repointed to the actual AI Policy Act chapter), updated the TAKE IT DOWN Act platform-compliance deadline language from future to past tense, and added the child-victim felony-aggravation tier under the deepfake statute (76-5b-205) to the FAQ.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Corrected the body-worn camera 'sole basis to dismiss' citation from 77-7a-104(11) (a subsection that does not exist) to the correct 77-7a-104(3).

Corrected the historical 2026-05-10 changelog entry's reference to a nonexistent '77-7a-104(11)' to the correct '77-7a-104(3)' (the actual no-sole-basis-for-dismissal subsection), matching the fix already made in the article body and the newer changelog entry.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Restructured for readability: condensed 8,000-word page into core sections (in-person, phone calls, hidden cameras, penalties, police, special topics), pushed depth to in-depth index linking all 12 sub-pages. Preserved every statute, case, and penalty. Added compact penalties table. Condensed special topics to single tight paragraphs each. Added at-a-glance table and FAQ refreshed for AEO. Re-verified load-bearing facts (77-23a-4 one-party consent, third-degree felony, 77-23a-11 civil floor, 76-12-307 renumbering, Irizarry 10th Cir. 2022) against primary sources - no corrections required.

Major restructure anchored on the Utah Interception of Communications Act 77-23a-4 third-degree-felony presumptive baseline (up to 5 years, up to $5,000) with the narrow 77-23a-4(10)(b) Class B misdemeanor first-offense alternative enumerated as four cumulative conditions (first offense + non-tortious + non-commercial + radio-portion-cellular / cordless / public-band / non-encrypted private channel). Added 77-23a-11 civil cause of action with greater-of-three structure: actual damages plus violator's profits, or $100/day, or $10,000, plus punitive damages, reasonable attorney fees, reasonably incurred litigation costs, and preliminary equitable and declaratory relief; two-year discovery-rule statute of limitations; civil recovery does not require criminal conviction. Added 77-23a-5 use-and-disclosure parallel third-degree felony. Corrected Utah voyeurism citation to 76-9-702.7 per HB 21 (2025) Criminal Code Recodification framing. Distinguished 76-5b-205 counterfeit (AI-generated, deepfake) NCII from 76-5b-203 authentic NCII. Added correct Utah 2024 AI bills SB 131 (election synthetic-media at 20A-11-1104) and SB 149 (Utah AI Policy Act at Title 13 Chapter 72a) plus 2025 refinements HB 452 and SB 332. Added Tenth Circuit Frasier-then-Irizarry progression: Frasier v. Evans, 992 F.3d 1003 (10th Cir. 2021) governs incidents predating May 26, 2019; Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022) recognized the clearly-established First Amendment right to film police on or after that date. Added Utah body-worn camera framework at 77-7a-103 and 77-7a-104 with the 77-7a-104(11) no-sole-basis-for-dismissal qualifier. Reframed NLRB GC 25-05 as a housekeeping rescission (Stericycle remains controlling) and GC 25-07 as the narrow per se bar on surreptitious bargaining-session recording. Updated FCC 24-24 to vacated by 11th Cir. (Insurance Marketing Coalition Ltd. v. FCC, panel decision Jan 24 2025, mandate Apr 30 2025) and removed the stale 47 C.F.R. 64.501 reference. Added TAKE IT DOWN Act federal compliance (Pub. L. 119-12, signed May 19, 2025; platform compliance May 19, 2026). Added Title 13 Chapter 10 disambiguation paragraph. Replaced commercial-codifier URLs throughout with le.utah.gov, utcourts.gov, ca10.uscourts.gov, uscode.house.gov, congress.gov, nlrb.gov, ftc.gov, fcc.gov, ecfr.gov, federalregister.gov, and media.ca11.uscourts.gov canonicals. Populated keywords array with 15 Utah-specific terms covering the modal cluster (phone, audio, call), the statute-cite anchors (77-23a-4, Utah Interception of Communications Act), and the deepfake / NCII / body-cam / hidden-camera variants.

Major restructure anchored on the Utah Interception of Communications Act 77-23a-4 third-degree-felony presumptive baseline (up to 5 years, up to $5,000) with the narrow 77-23a-4(10)(b) first-offense reduced-penalty carve-out. Added 77-23a-11 civil cause of action with greater-of-three structure plus punitive damages, attorney fees, litigation costs, and equitable relief; two-year discovery-rule SOL. Distinguished 76-5b-205 counterfeit NCII from 76-5b-203 authentic NCII. Added Utah 2024 AI bills SB 131 and SB 149 plus 2025 refinements HB 452 and SB 332. Added Tenth Circuit Frasier-then-Irizarry progression. Added Utah body-worn camera framework at 77-7a-103 and 77-7a-104(3). Reframed NLRB GC 25-05 as housekeeping rescission and GC 25-07 as narrow per se bar. Updated FCC 24-24 to vacated. Added TAKE IT DOWN Act. Added Title 13 Chapter 10 disambiguation. Replaced all commercial-codifier URLs with primary sources.

Added wearable recording devices section and related FAQs

Sources and References

  1. le.utah.gov.gov
  2. le.utah.gov.gov
  3. le.utah.gov.gov
  4. le.utah.gov.gov
  5. le.utah.gov.gov
  6. le.utah.gov.gov
  7. le.utah.gov.gov
  8. le.utah.gov.gov
  9. le.utah.gov.gov
  10. le.utah.gov.gov
  11. le.utah.gov.gov
  12. le.utah.gov.gov
  13. le.utah.gov.gov
  14. le.utah.gov.gov
  15. Utah Code Ann. Title 13 Chapter 72a -- Artificial Intelligence Policy Act(le.utah.gov).gov
  16. le.utah.gov.gov
  17. le.utah.gov.gov
  18. le.utah.gov.gov
  19. le.utah.gov.gov
  20. Utah H.B. 0021, "Criminal Code Recodification and Cross References" (2025 General Session, enrolled)(le.utah.gov).gov
  21. ca10.uscourts.gov.gov
  22. ca10.uscourts.gov.gov
  23. uscode.house.gov.gov
  24. uscode.house.gov.gov
  25. justice.gov.gov
  26. docs.fcc.gov.gov
  27. media.ca11.uscourts.gov.gov
  28. federalregister.gov.gov
  29. congress.gov.gov
  30. nlrb.gov.gov
  31. nlrb.gov.gov
  32. nlrb.gov.gov
  33. ftc.gov.gov
  34. ecfr.gov.gov
  35. utcourts.gov.gov
  36. Utah Code Ann. 76-12-302 -- Unlawful privacy violation(le.utah.gov)
  37. Utah Code Ann. 76-12-301 -- Definitions ("private place")(le.utah.gov)
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