Privacy · Recording Consent
Is It Legal to Record a Call in Idaho?
Whether you can record a conversation in Idaho, 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 Idaho
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 |
|---|---|
| One party may consent | Section 18-6702(2)(d) is drafted around consent. A recording is lawful when one party consented in advance, which covers both a participant who records and a third party recording with a participant's blessing. |
| Phone, in-person, and electronic covered | The chapter governs "wire, electronic or oral communication" throughout, so telephone, in-person, and electronic communications are all covered. Silent video is not covered by § 18-6702. |
| Illegal recording is a felony | Willfully intercepting without consent is a felony under § 18-6702(1), punishable by up to five years in the state prison and a fine of up to $5,000, with the penalty spelled out in the wiretap section itself. |
| Criminal purpose is never allowed | Section 18-6702(2)(e) makes it unlawful to intercept any communication for the purpose of committing any criminal act, even with consent. |
| When it is different | What it means |
|---|---|
| Prior consent of one party | A party's prior consent under § 18-6702(2)(d) takes the recording outside the offense. That is the operative one-party rule. |
| Emergency services and 911 | Section 18-6702(2)(g) lets an employee of a law enforcement agency, fire department, or ambulance service, while a party to the call, intercept and record incoming wire or electronic communications, blessing 911 and dispatch recording. |
| Publicly accessible communications | Section 18-6702(2)(h) exempts publicly accessible electronic communications and related radio traffic, functioning as a publicly audible exception. |
What you can do right now
Concrete, neutral steps before you record a conversation in Idaho. This is legal information, not legal advice.
- Confirm a party consented
If you are a party, or a party agreed in advance, the Idaho one-party rule is satisfied. You do not have to tell everyone on the call.
- Keep your purpose lawful
Section 18-6702(2)(e) bans recording for the purpose of committing any criminal act, even with consent. An unlawful purpose removes the protection.
- Know the civil remedy
If you were recorded illegally, § 18-6709 offers actual damages or at least $100 a day or $1,000, whichever is higher, plus punitive damages and attorney fees. Preserve your evidence.
- Talk to an Idaho attorney if you are accused
Illegal interception is a felony with up to five years of prison exposure. A licensed Idaho attorney can assess the consent and purpose questions. The Idaho 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.
→ Idaho Office of the 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 Idaho
Idaho puts the penalty right in the wiretap section rather than cross-referencing a separate sentencing table. Section 18-6702(1) spells out that illegal interception is a felony punishable by up to five years in the state prison and a fine of up to $5,000, so the stakes are clear on the face of the statute. The consent rule itself is a clean one-party test: § 18-6702(2)(d) makes interception lawful when one party has given prior consent. Notably, that provision is drafted around consent rather than participation, so a third party who records with one participant's blessing is protected just as a participant is. Idaho also drops the word "tortious" from its criminal-purpose exception. Section 18-6702(2)(e) removes the safe harbor only for recordings made to commit a criminal act, so unlike the federal rule and most states, a recording made for a purely tortious but non-criminal purpose still enjoys the consent protection in Idaho. Another distinctive feature is § 18-6702(2)(g), which expressly blesses 911 and dispatch recording of incoming calls by law enforcement, fire, and ambulance employees who are parties to the call. The civil remedy in § 18-6709 tracks the federal template, offering actual damages or at least $100 a day or $1,000, whichever is higher, along with punitive damages and attorney fees. Silent video is not covered by § 18-6702.
Common questions
Can I record a phone call in Idaho if I am one of the people on it?
Yes. Idaho is a one-party state, and § 18-6702(2)(d) allows recording when one party consents. As a participant you are a consenting party, so you do not have to notify the others.
Can I record a call between two other people if one of them agrees?
Yes. Idaho's rule is drafted around consent, not participation, so a third party who records with one participant's prior consent is protected, provided the purpose is not criminal.
What can I recover if someone recorded me illegally in Idaho?
Under § 18-6709 you may recover actual damages, but not less than liquidated damages of $100 a day or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee and litigation costs.
Are 911 calls recorded legally in Idaho?
Yes. Section 18-6702(2)(g) expressly lets a law enforcement, fire, or ambulance employee who is a party to the call intercept and record incoming wire or electronic communications, which covers 911 and dispatch recording.
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.