Privacy · Recording Consent
Is It Legal to Record a Call in Arkansas?
Whether you can record a conversation in Arkansas, 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 Arkansas
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 |
|---|---|
| Party or prior consent | Section 5-60-120(a) is a party-status test. Recording is lawful if you are a party to the communication, or if a party gave prior consent to the interception and recording. |
| Broad list of covered communications | The statute reaches "a wire, landline, oral, telephonic communication, or wireless communication," so landline and cell calls and in-person oral conversations are all covered. |
| Possession of a recording counts | The offense requires interception "and to record or possess a recording." Merely possessing an unlawfully made recording can fall within the offense language, reaching people downstream of the original recorder. |
| No express privacy element | The statute reaches oral and telephonic communications generally, with no "private conversation" or reasonable-expectation-of-privacy element on its face. |
| When it is different | What it means |
|---|---|
| Party or prior consent | Being a party, or the prior consent of a party, takes the recording outside the offense under § 5-60-120(a). |
| Color of law | Section 5-60-120(c)(1) exempts a person acting under color of law, stated flatly with no warrant requirement in the text, along with telecom personnel assisting them. |
| Scanners and amateur radio | Section 5-60-120(e) says nothing in the section prohibits an FCC-licensed amateur radio operator or anyone operating a police scanner from intercepting a communication "for pleasure." |
What you can do right now
Concrete, neutral steps before you record a conversation in Arkansas. This is legal information, not legal advice.
- Confirm you are a party
If you take part in the Arkansas call or conversation you are a party, and your own participation is enough. You do not have to tell the other side.
- Be careful holding others' recordings
Arkansas reaches interception and possession of a recording, so keeping a recording someone else made illegally can itself fall within the offense. Do not accept or store one.
- Treat interstate calls as stricter
If the other person is in an all-party state, that state's rule may reach the call. When in doubt, get consent from everyone before recording.
- Talk to an Arkansas attorney if you are accused
A § 5-60-120 charge is a Class A misdemeanor. A licensed Arkansas attorney can assess the party and possession questions. The Arkansas Attorney General's office can point you to resources.
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.
→ Arkansas 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 Arkansas
Arkansas packs its entire recording rule into a single short section that sits in a chapter literally titled "General Provisions," rather than in a full wiretap act. That structure explains a lot: § 5-60-120 has no civil remedy, no court-order procedure, and no criminal-purpose carve-out, because those normally live in a comprehensive wiretap chapter Arkansas never enacted. The core rule is a clean one-party test. Recording is unlawful only unless "the person is a party to the communication or one (1) of the parties has given prior consent," so a participant may record without notifying anyone. Two quirks stand out. First, the offense reaches interception "and to record or possess a recording," so merely possessing an unlawfully made recording can fall within the offense language, which reaches people downstream of the original recorder. Second, the statute contains a colloquially worded scanner exemption, allowing an amateur radio operator or anyone operating a police scanner to intercept a communication "for pleasure." The color-of-law exception in § 5-60-120(c)(1) is unusually permissive too, exempting law enforcement recording on its face without any warrant condition. Illegal recording is a Class A misdemeanor, and because the statute has no civil damages provision, a person recorded illegally has no statutory dollar remedy in Arkansas.
Common questions
Can I record a phone call in Arkansas if the other person does not know?
Yes. Arkansas is a one-party state, and § 5-60-120 allows recording when you are a party to the communication. As a participant you supply the needed consent, so notice to the other side is not required.
Can I sue someone in Arkansas for recording me illegally?
The statute is criminal and names no private right of action, statutory damages, or attorney fees. Arkansas has no wiretap civil remedy, so any claim would have to rest on a separate legal theory such as common-law invasion of privacy.
Is it illegal in Arkansas just to have a recording someone else made illegally?
It can be. The offense reaches interception "and to record or possess a recording," so possessing an unlawfully made recording can fall within the offense language even if you did not make it.
Do Arkansas police need a warrant to record my conversation?
The statute's color-of-law exception in § 5-60-120(c)(1) is stated flatly, with no warrant requirement in the text, which is unusually permissive. Other legal limits may still apply, so this is a question for a licensed attorney.
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.