Privacy · Recording Consent
Is It Legal to Record a Call in Arizona?
Whether you can record a conversation in Arizona, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Arizona
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| Offense turns on non-participation | Section 13-3005(A)(1) reaches a wire or electronic communication "to which he is not a party," and (A)(2) reaches a conversation "at which he is not present." Recording a call you are on, or a meeting you attend, is not an interception at all. |
| Phone, electronic, and in-person covered | Wire and electronic communications fall under (A)(1) and in-person conversations under (A)(2). One participant's consent, or being a party, is a complete answer to both. |
| Illegal recording is a felony | A violation of § 13-3005(A) is a class 5 felony, not a misdemeanor. For a first offense the presumptive term is 1.5 years, with a range up to 2.5 years. |
| Jury deliberations are absolutely off limits | Section 13-3005(A)(3) bans intercepting jury deliberations outright, with no consent defense available at all. |
| When it is different | What it means |
|---|---|
| Party or prior consent | Being a party, or the prior consent of a sender, receiver, or party, is built into § 13-3005(A)(1) and (A)(2) and takes the recording outside the offense. |
| Publicly accessible radio | Section 13-3012(6) exempts radio transmissions readily accessible to the general public, along with public-safety scanners and amateur, marine, and aeronautical systems, functioning as a publicly audible exception. |
| Silent video | Section 13-3005 covers audio and communications only. Surreptitious visual recording is handled separately in A.R.S. § 13-3019, not under this section. |
What you can do right now
Concrete, neutral steps before you record a conversation in Arizona. This is legal information, not legal advice.
- Confirm you are a party or present
If you are a party to the call or present at the conversation, there is no interception to worry about in Arizona. You do not need to tell the others.
- Never record a conversation you are absent from
Planting a device to capture a conversation you are not part of is a class 5 felony. This is not a misdemeanor state for illegal recording.
- Watch the one-year civil clock
If you were recorded illegally, § 12-731 offers strong damages but a very short one-year window from when you could reasonably discover the violation. Act quickly.
- Talk to an Arizona attorney if you are accused
A § 13-3005 charge is a felony that can carry prison. A licensed Arizona attorney can assess the party and consent questions. The State Bar of Arizona can refer you to one.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Arizona Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Arizona
Arizona is one of the few one-party states where illegal recording is a felony rather than a misdemeanor. A violation of A.R.S. § 13-3005(A) is a class 5 felony carrying a 1.5-year presumptive term for a first offense, so the stakes are much higher than the one-party label suggests. The rule itself is unusually clean because both operative clauses are drafted as non-party offenses: subsection (A)(1) reaches a wire or electronic communication "to which he is not a party," and (A)(2) reaches a conversation "at which he is not present." Recording a call you are on, or a meeting you attend, is simply not an interception, so you never need the other side's consent. Arizona also has an absolute, no-consent-possible ban on recording jury deliberations under § 13-3005(A)(3), a provision most state wiretap statutes lack entirely. On the civil side, A.R.S. § 12-731 offers one of the highest flat statutory damages figures in the country at $10,000, but it comes with a brutal one-year limitations period that starts when the plaintiff first has a reasonable opportunity to discover the violation. Silent video is handled outside this section, in A.R.S. § 13-3019.
Common questions
Can I record my own phone call in Arizona without consent?
Yes. Arizona is a one-party state, and § 13-3005 only reaches communications you are not a party to. As a party, your own participation is enough, and you do not have to tell the other person.
Is illegal recording a felony in Arizona?
Yes. A violation of § 13-3005(A) is a class 5 felony, with a presumptive term of 1.5 years for a first offense. Arizona treats illegal interception far more seriously than most one-party states.
How much can I sue for if someone recorded me illegally in Arizona, and how long do I have?
Under A.R.S. § 12-731 you may recover the greater of actual damages plus the violator's profits, $100 a day, or a flat $10,000, plus punitive damages and attorney fees. But you must file within one year of when you could reasonably discover the violation.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.