Can I legally record a phone call or conversation in Arizona?
Arizona's wiretap and eavesdropping framework follows the federal one-party consent model.
1. Consent Rule
A.R.S. § 13-3005(A) prohibits intentionally intercepting wire or electronic communications and intentionally overhearing or recording oral communications without consent. Subsection (B) exempts a person who is a party to the conversation or has consent of one party — making Arizona one-party consent.
2. Federal Overlay
Federal Wiretap Act 18 U.S.C. § 2511 also requires only one-party consent. Federal and Arizona law align.
3. In-Person vs Electronic
"Oral communication" under § 13-3001(8) requires expectation that the communication is not subject to interception. Wire and electronic communications protected regardless of privacy expectation.
4. Cross-Border Calls
When the other party is in an all-party state, the stricter state's law may apply. An Arizonan recording a Californian or Floridian without disclosure risks civil exposure in those states.
5. Criminal Penalties
Violation of § 13-3005 is a Class 5 felony — 6 months to 2.5 years presumptive prison and a fine up to $150,000 plus surcharge. Disclosure or use of illegally intercepted material is also a Class 5 felony.
6. Civil Liability
A.R.S. § 12-731 provides civil action for actual and punitive damages, reasonable attorney fees, and injunctive relief. Federal § 2520 provides $10,000 or $100/day plus fees.
7. Exceptions
Party consent or consent of one party; law enforcement under court order under § 13-3010; service provider monitoring; FCC-authorized monitoring; recording not for criminal or tortious purpose; recording of one's own conversation by accident.
8. Video / Surveillance
A.R.S. § 13-3019 (surreptitious recording) is a Class 5 felony for recording a person in a state of undress in a restroom, bedroom, or other private place without consent.
This is legal information, not legal advice.
- Recorded a call where the other party was in California, Florida, or another all-party state
- Charged with Class 5 felony under § 13-3005 for non-party interception
- Recording at issue in Arizona divorce, custody, or workplace harassment proceedings
- A.R.S. § 13-3001
- A.R.S. § 13-3005
- A.R.S. § 13-3010
- A.R.S. § 13-3019
- A.R.S. § 12-731
- 18 U.S.C. § 2511
- 18 U.S.C. § 2520
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.